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HomeMy WebLinkAboutBOCC Minutes 01-17-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 17, 2006 Convened: 6:00 p.m. Tape: 1-2 Adjourned: 9:00 p.m. Commissioners Present: Doug Coward, Chairman, Chris Craft, Frannie Hutchinson, Paula A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Vanessa Bassey, Environmental Resources Director, Gil Backenstoss, Asst. Growth Management Director, Hank Flores, Planning Manager, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held January 10, 2006 and the meeting held November 7, 2005 and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.A presentation was made by the Master Gardeners and Junior Master Gardeners. B.Resolution No. 06-037 Proclaiming January 17, 2006 as “Coach Mike Leatherwood Day” in St. Lucie County Florida. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution NO. 06-037, and; upon roll call, motion carried unanimously. th C.Cultural Affairs- North 15 Street and Avenue D Roundabout- Art in Public Places project- Consider staff recommendation to approve the th selection of Mitchell lee Kolbe as sculptor for the North 15 St. and Avenue D. Roundabout project and approve the budgeted expenditure of $66,000 for the project and directed the Board Chairperson to sign the contract for this project as prepared by the County Attorney’s office. It was moved by Com. Smith, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. D.The County Administrator read upcoming events. 3.GENERAL PUBLIC COMMENTS Ms. Patricia Ferrick, representing a Conservation Alliance member, addressed the Board and related information on the Party in the Park event. Ms. Ferrick representing the North Fork Property Owners Association addressed the Board and submitted suggested changes to various items presented, i.e. election rules and Planning and Zoning, BCC submission of information. 4.CONSENT AGENDA( 1-303) 1 It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda with the additions of CA-1, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 15. 2.COUNTY ATTORNEY A.Resolution No. 05-028 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-029 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-028 and Resolution No. 05-029 and authorized the Chairman to sign. B.Resolution No. 05 –030- Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-030 and authorized the Chairman to sign. C.Revocable License Agreement- Bent Creek HOA, Inc.,- Paver Blocks at Roundabouts- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Bent Creek HOA, Inc., to record the document in the Public Records of St. Lucie County, Florida. D.Second Amendment to Joint Participation Agreement with Florida Department of Transportation for Repairs to County Roads damaged by Hurricane Jeanne- The Board approved Resolution No. 06-027 and the amendment to the Joint Participation Agreement and authorized the Chairman to sign the Amendment and Resolution No. 06-027. 3.CULTURAL AFFAIRS A.Approval of Budget Resolution No. 06-016 accepting $350,000 from the Florida Division of Historical Resources for the Old Post Office Museum- The Board approved Budget Resolution No. 06-016 to accept $350,000 from the Florida Division of Historical Resources and authorized the funds to be utilized for restoration of the Old Fort Pierce Post Office. B.Approval of Budget Resolution No. 06-021 to accept a $21,375.00 contribution from Core Communities Inc., for the St. Lucie County Cultural Affairs Department David Hayes Exhibit - The Board approved Budget Resolution No. 06-021 recognizing funds in the amount of $21,375. from Core Communities. 4.ENVIRONMENTAL A.Staff requests that the Board approve Budget Resolution No. 06-022 correcting a scriveners error for Budget Resolution No. 05-475 - The Board approved Budget Resolution No. 06-022 to place funds received from Flagler Development Corporation in the correct fund to be used for maintenance on lands being deeded to the County as part of the Native Tree Mitigation Bank Agreement. B.Staff requests that the Board approve Budget Resolution No. 06-026 establishing the budget for funds received from the Florida Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt a Tree program in St. Lucie County Florida- The Board approved Budget Resolution No. 06-026. 2 5.PUBLIC WORKS A.Request permission to advertise for proposals from qualified consulting and contracting professionals to provide services within specific areas under continuing contracts with St. Lucie County- The Board approved advertising for proposals from qualified firms to perform Bridge Evaluation and Design, Construction Management, Road and Intersection Design, Soil Testing, Stormwater Management, Culvert Installation under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. B.Work Authorization No. 3 to the Contract with LBFH Inc., for Professional Construction Inspection Services for the Gordy Road Recreation Area- The Board approved Work Authorization No. 3 in the amount of not to exceed $29,600.00 and authorized the Chairman to sign. C.Approval from the Board to accept the Taylor Creek Phase 1 Dredging Project; and for final payment and release of retainage in the amount of ($648,315.65) and to make final payment to Lake Michigan Contracts, Inc., Contract No. C04-03-137- The Board accepted the Taylor Creek Phase I Dredging Project and approved final payment and release of retainage in the amount of $648,315.65. D.Approve Change Order No. 2 in the amount of $61,191.07 for the Weatherbee Road & U.S.1 Intersection Improvement project- The Board approved Change Order No. 2. E.Approval of Work Authorization No. 5 with Kimley-Horn and Associates for a Concurrency Management Database- The Board approved Work Authorization No. 5 as prepared by the County Attorney’s office with Kimley-Horn and Associates, and approved Budget Amendment BA06-118 authorizing the transfer of funds from General Fund Contingency to fund this project. 6.PARKS AND RECREATION Install new 200 AMP three-phase service for the parking lot lights at Tradition Field- The Board approved using $9,700.00 from the completed parking lot renovation project to install a dedicated 200 AMP three phase service for the parking lot lights. 7.COMMUNITY SERVICES A.Approval to apply to the U.S. Department of Justice Violence Against Women Office for a grant under the Safe Havens; Supervised Visitation and Safe Exchange Program for FY 06-08 on behalf of Exchange Club Castle Grant- The Board approved the submission of the grant application, authorized accepting the grant and authorized the Chairman to sign all documents necessary to execute the application and accept the grant. B.Authorize the Chair to sign the Memorandum of Agreement TDO494 with the Commission for the Transportation Disadvantaged authorizing the county as the Community Transportation Coordinator- The Board authorized the Chair to sign the Memorandum of Agreement TDO 494 with the Commission for the Transportation Disadvantaged authorizing the County as the Community Transportation Coordinator. 8.UTILITIES 3 Work Authorization with CDM, Inc. for engineering services related to the South Hutchinson Island Wastewater Treatment Facility and the proposed State Road A-1-A improvements in the amount not to exceed $39,130.00- The Board approved the work authorization with CDM in an amount not to exceed $39,130,00. 9.CENTRAL SERVICES A.Amendment No. 1 to Contract No. C05-23-636 David Brooks Enterprises, Inc. – Construction of New Clerk of Court Building- The Board approved Amendment No. 1 to Contract No. C05-23-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building, establishing a Direct Owner Purchase Allowance in the amount of $800,000.00 decreasing the original contract amount from $11,863,000.00 to $11,063,000.00 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. B.Approval to relocated displaced Clerk of Court employees due to Hurricanes Frances & Jeanne to a new location that is available for rent and approve Budget Amendment No. BA06-119- The Board approved Budget Amendment No. BA06-119 and the two year lease agreement with Lloyd Properties at a cost of $65,040.00 to house the employees that were relocated from the Clerk of Court due to hurricane damages an authorized the Chairman to sign the lease as prepared by the County Attorney. CONSENT AGENDA ADDITIONS CA-1. COUNTY ATTORNEY Assignment of Agreement- Chuck’s Seafood- The Board approved the Assignment of Agreement between the County and Chuck’s Seafood, Inc., and authorized the Chairman to sign the Assignment of Agreement. REGULAR AGENDA 5.H GROWTH MANAGEMENT (1-729) Consider Draft Resolution 06-009 granting a change in zoning from the RS-3 zoning district to the PUD zoning district and Preliminary Planned Unit Development Site Plan Approval for the project to be known as Whispering Oaks for 67.18 acres of property located on the East side of South Jenkins Road- Staff recommends that the petition be continued to the Board meeting of February 7, 2006 in order to allow staff time to determine appropriate conditions of approval. Com. Coward requested it be known to the applicant his vote would be contingent upon the applicants’ contribution to the road. It was moved by Com. Hutchinson, seconded by Com. Craft, to continue this item on February 7, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.A COUNTY ATTORNEY (1-826) Ordinance No. 06-001- Bicycle Helmets- Consider staff recommendation to approve proposed Ordinance No. 06-001. The Board received an e-mail from Blake Boyer stating his opposition to the ordinance. 4 Ms. Michele Berger, City of Port St. Lucie City Council member addressed the Board and thanked the Board for re-visiting the ordinance and encourage the Board to adopt the ordinance. Ms. Sylvia Kramer, Executive Director Kids Connection addressed the Board in favor of the ordinance. Mr. Larry Lee, Administrator SLC Health Department addressed the statistics regarding accidents and injuries sustained by not wearing a helmet. He advised the Board, St. Lucie County was the only remaining county that has not adopted an ordinance on this issue. Com. Craft requested the general public be informed whether it be through the newspapers or television. Com. Hutchinson stated as a parent she has the right to educate her children and allow and disallow certain things and situations. She resents the fact of government stepping in and forcing her to do such a thing. She stated she would be voting in favor of this ordinance as she felt it was a parents right and does not feel she should say, “it’s the law” but would rather say, “it’s mom’s law”. Com. Smith stated he concurred with Com. Hutchinson regarding being a responsible parent. He felt the law is defined for those who choose to break it and he believes the issue is there are people in this county who choose not to be responsible parents and he believes law enforcement should be given the opportunity to educate those children whose parents do not take the opportunity to do so. Com. Lewis stated she has always supported this issue and believes this ordinance is not drafted to take the place of any education. The Resource officers have always worked with the bike riders at the schools and felt it’s easier to say “it’s the law” to children without getting into a major discussion. She will be voting in favor of the ordinance. Com. Coward stated he would be voting in favor of this ordinance and felt it would provide additional “teeth” to enforce this issue. The implementation of the ordinance was discussed. It was moved by Com. Lewis, to approve Ordinance No. 06-001 effective April 1, 2006, and; upon roll call, the vote was as follows: Nay: Craft, Hutchinson, Aye’s : Lewis, Smith, Coward, motion carried by a vote of 3 to 2. 5.B COUNTY ATTORNEY (1-1757) Ordinance No. 06-003- Proposed Amendments to Fire/EMS Impact Fees Ordinance- Consider staff recommendation to adopt proposed Ordinance No. 06-003 as drafted. This is the second public hearing. The Builders Association requested the effective date be modified to March 1, 2006 so they may be able to adjust contracts. It was moved by Com. Craft, seconded by Com. Hutchinson to approve Ordinance No. 06-003 with an effective date of March 1, 2006, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (1-1879) Consider Draft Resolution No. 06-008 granting a Conditional Use Permit and Major Site Plan Approval to allow for the operation of a 90,384 square foot household goods 5 warehousing and storage mini-warehouse facility in the CG zoning district for 6.211 acres of property located on the East side of South U.S. Highway 1 approximately 300 feet north of Savanna Club Blvd.,- Consider staff recommendation to approve Draft Resolution No. 06-008 subject to 5 limiting conditions. Com. Coward expressed his concerns with the distance between the project and lots 8 and 9. It seems to be 31 feet distance (lot 9) from the project and 38 feet (lot 8) this is too close in his opinion for someone to step outside in their backyard and have a commercial establishment that distance away. He stated he could see them approving this plan without some modification to the “E” central portion. He would like to avoid a 30-40foot setback between structures and hopes the petitioner would work with him in doing so. He asked the Board to consider requesting a modification of the site plan either eliminating a portion of building “E” or reconfigure by moving it down to southeast portion. He would like to put the mitigation money back into the project for additional landscape buffering and he would also like a minimum of 50 feet setback. Mr. Charles Sabin, applicant, addressed Com. Coward’s comments and stated he understands his concern. He advised the Board he had met with the homeowners and they have been involved with the project. He does not have a problem adding additional landscaping in the area. He also advised the Board there are some neighbors who are concerned about the native habitat. Mr. Sabin stated if the Board felt 50 feet was needed in the one area, he did not have a problem reconfiguring that end of the project and backing up. Mr. Jay Packer, lot 7 property owner stated he was more concerned about the drainage than the set back. Mr. Frescha, project engineer addressed the drainage issue and stated the swale was the main cause of the drainage problem. The County Engineer stated this project did not show up on his radar and does not have any information on this issue tonight. Com. Coward suggested bringing back the information and resolve the issues within a two week period and would like the County’s Environmental Division give them information on the use of the mitigation money. It was moved by Com. Lewis, seconded by Com. Craft to continue this meeting on February 7, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (1-3086) Consider Draft Resolution No. 06-004 granting a Conditional Use Permit to allow for the construction of a 2,542 square foot self service car wash to be known as Cartoon Car Wash- Consider staff recommendation to approve Draft Resolution No. 06-004. Com. Coward expressed his concern with the operation of hours being 24 hours and the proximity of the neighbors. Mr. Vernon Dixon, applicant, addressed Com. Cowards concerns and stated he had been in contact with the neighbors and they were in favor of the project. Com. Craft suggested drafting language and should anyone in the future have concerns regarding the hours of operation, they then can be modified. Com. Smith stated he did not have a problem with the hours of operation. Com. Hutchinson stated she concurred with the suggested added language. 6 Com. Lewis stated she does not see the need for the request, but will go along with the language in the event there is a problem in the future. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No. 06-004 to include the modified language, and; upon roll call, motion carried unanimously. 5.E. GROWTH MANAGEMENT (2-119) Consider Draft Resolution No. 06-003 granting a Conditional Use Permit to allow for the retail sale of undistilled alcohol as an accessory to the retail sale of food in the CN zoning district. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No. 06-003, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT (2-2096) Consider Draft Resolution No. 06-007 granting approval to the application of Jeffrey Freedman for a Change in Zoning from CG to RM-9 zoning district. Com. Craft stated he would not be supporting the following three items unless a PUD is submitted concurrently. Com. Coward advised Com. Craft there is a site plan included so by the end of the vote tonight they will know exactly what the project is. Com. Craft commented on the failing road in the area. The land use change would place traffic on this failing road immediately. The County Attorney advised the Board of the vesting of this project prior to today’s meeting. Com. Coward commented the reduction in trips due to the change request from commercial to residential. Com. Craft stated the zoning of commercial would keep the trips in theory only since it would not be developed for a while. If they approve the residential they will have actual trips on a failing intersection. Com. Coward stated they needed to take into consideration the law and the County Attorney advised the Board that the current policy allows for a vested site plan to be exempted. The County Attorney stated they can change it however, this would need to be done by ordinance and this cannot be done arbitrarily tonight. The concurrency regulations as they exist do exempt development orders that were approved prior to 1990. Mr. Al Brodeur, Thomas Lucido & Associates, addressed the Board’s questions and comments. Com. Lewis stated she did not want to bet on what the commercial interest would want to do and she knows what she has in front of her today and projecting what might be done in 15 years presents a problem to her. Ms. Susie Caron, 8500 Indrio Road addressed the Board and asked the time frame on the project. She also expressed her concerns with the traffic on the failing road. Mr. Brodeur advised the Board for the record; his clients are builders and will be building and this is not speculative. This is not to be flipped, this is project they will be submitting for building permits as soon as it is approved. 7 Ms. Caron stated she hoped building would not take place now but in the future. She stated there isn’t any more room on this road and although the project does look good she felt now was not the time. Mr. Jay Maycumber, 8680 Indrio Road, addressed the failing intersection and failing roads. He stated in the spirit of the North County Charrette this does not conform in his opinion. Com. Coward advised the Board the applicant is donating right of way along Kings Highway and building the missing pieces along Mira Mar and DeLeon. Com. Smith stated he concurred with Mr. Maycumber the fact of seeing more commercial could not occur. He asked what the finances would have been if they were to come in commercial. The County Attorney stated the only banking anticipated may have been impact fees and he does not believe they project transportation budgets on anticipated impact fees. It is his understanding the county does not use specific projects in calculating our road budgets. Com. Coward suggested a compromise and stated if he could have a commitment from the developer to have impact fees upfront so that they can be used immediately in conjunction with other investment dollars in the north county to make intersection improvements at Kings and Indrio this could help them address the concurrency issue. Com. Craft stated the density in Lakewood Park does not support that much more commercial. Com. Coward questioned the permitted trips under the current vested site plan. The Builder (unintelligible last name) for the project, addressed the Board’s comments and stated with regards to the contribution, he would like a ballpark figure on the amount for the fees. The Builder stated he was willing to give a commitment to the amount together with them receiving the permit from the county to do the work for the infrastructure. The County Administrator stated the builder is requesting the underground engineering permit approval for the commitment to pay the impact fees in a ballpark figure of $265,000. Com. Coward stated this was consistent with what they have done with other projects and are in fact paying the higher proposed fees that have been put in effect. The Planning Manager stated the traffic would decrease about one half, 5500 to about 2700 trips with the change. Com. Coward disclosed quasi judicial contact with the project Engineer and reviewed the site plan and recommended the inclusion of the road improvements which have been included. Com. Hutchinson disclosed meeting with a representative however cannot remember who at this time since it has been some time since the meeting took place. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Ordinance No. 06-007 grating the application of Jeffrey Freedman for a change in future land use designation from COM to RM, and; upon roll call, the vote was as follows: Nay: Craft, Aye’s: Smith, Lewis, Hutchinson, Coward, motion carried by a vote of 4 to 1. 8 5.G- GROWTH MANAGEMENT (2-2096) Consider Draft Resolution No. 06-005 granting approval to the application of Jeffrey Freedman for a change in zoning from CG zoning district to RM-9 zoning district- Consider staff recommendation to approve the Draft Resolution No. 06-005 . It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 06-005, and; upon roll call, the vote was as follows: Nay: Craft, Aye’s: Smith, Hutchinson, Lewis, Coward, motion carried by a vote of 4 to 1. Staff advised the Board the applicant has requested to come back with a modified site plan for the commercial area that provides the 10 ft. right of way donation along the Turnpike Feeder Road. Staff does not believe there will be major alterations in the parking facilities or buildings and they believe it will fall into a minor site plan category and this is condition # 2 in the resolution. The applicant has requested that the commission allow this modified as a minor site plan administratively rather than having it come back to the Board. 6. GROWTH MANAGEMENT (2-2139) Consider Draft Resolution No. 06-006 granting the request of Jeffrey Freedman for Major Site Plan Approval for a project to be known as Indrio Road Crossing Phase II- Consider staff recommendation to approve Draft Resolution No. 06-006 granting the request of Jeffrey Freedman for Major Site Plan Approval for a project to be known as Indrio Crossing Phase II subject to the conditions cited within the resolution. Mr. Jones asked if the Board could reconsider conditions 5 and 6 regarding no building permits being issued until DeLeon has been completed and turned over to the county and a maintenance bond then posted. He advised the Board of the complications this would cause regarding double mobilization of equipment. Com. Smith stated he did not spend very much time on this plan but looking at it he felt it could be better and this is why he is voting no. It was moved by Com. Hutchinson, seconded by Com. Lewis to approve Draft Resolution No. 06-006 with added condition number 10 regarding the prepay of impact fees, also the administrative approval of the minor change and condition number 5 dealing with the CO issue, and; upon roll call, the vote was as follows: Nay’s: Craft, Smith, Aye’s: Lewis, Hutchinson, Coward; motion carried by a vote of 3 to 2. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman _____________________________ Clerk of Circuit Court 9 10