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HomeMy WebLinkAboutBOCC Minutes 05-02-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 2, 2006 Convened: 6:00 p.m. Adjourned: 12:25 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Joseph Smith, Paula A. Lewis, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Vanessa Bassey, Environmental Resources Director, Don West, Public Works Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES (2.05) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the minutes of the meeting held April 25, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 06-138 Proclaiming May 10, 20906 as “Lupus Day” in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 06- 138, and; upon roll call, motion carried unanimously. B.The County Administrator read upcoming events. 3.GENERAL PUBLIC COMMENTS Mr. Bill Hammer, Reserve resident, addressed the Board regarding an article in the Palm Beach Post entitled “Cities watch project unfold in suburb”. 4.CONSENT AGENDA (5.06) It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, with item C 3G pulled for separate vote and to include additions CA-1, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 30. 2.COUNTY ATTORNEY A.Addendum to Landfill Gas Agreement between Tropicana Manufacturing Company, Inc., and St. Lucie County- The Board approved the addendum and authorized the Chairman to sign. B.Weldon B. Lewis Park- FPL 12’ Utility Easement- The Board approved the Utility Easement in favor of FPL authorized the Chairman to execute the Easement and directed staff to record the easement in the Public Records of St. Lucie County, Florida. 3.PUBLIC WORKS 1 th A.Engineering Division- SR 615 S. 25 St., Roadway Widening (Midway Road-Edwards Road) Second Amendment to Work Authorization No. 16- The Board approved the Second Amendment to Work Authorization No. 16 with Dunkelerger Engineering & Testing to provide for reimbursement for rental of vibration monitoring th equipment in the amount of $6,500 for the S. 25 St. widening project and authorized the Chairman to sign. B.Taylor Creek C25 Dredging Restoration Project Phase 3- Approval of Work Authorization No. 3 with Dredging and Marine Consultants for Phase 3 Shoreline Stabilization, Permitting and Engineering and Construction Inspection Services- The Board approved Work Authorization No. 3 in the amount of $107,500.00. C.Road and Bridge Division- The Board re-approved the final acceptance, approved Final Change Order No. 2 which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04 authorized the Chairman to sign the Change Order, release retainage and make final payment of $95,615.42 for the resurfacing contract with Ranger Construction Industries, Inc. D.Engineering Division- The Board approved and authorized the Chairman to sign Change Order No. 3 in the amount of $201,826.53 for a total contract price of $563,460.71 to the contractor, Ditchdiggers, Inc. for the Water Main Extension SR 5 US-1 project, East St. North to Ulrich Road. The Board also approved and authorized the Chairman to sign Resolution No. 06-136 amending the budget. E.Engineering Division- The Board approved and authorized the Chairman signing Change Order No. 4 in the amount of $84,371.95 for a total contract price of $1,801,115.61 to Ranger Construction to install an equalizer pipe and correct a design oversight on the South Jenkins Road extension project. th F.South 26 Street Area Improvements- The Board approved Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates in the amount of $16,210.00 for soil exploration. G.Request for Public Hearing- This item was pulled for separate vote. 4.HUMAN RESOURCES A.Catastrophic Inmate Medical Insurance Policy- The Board approved HR/Risk Management to purchase the proposed Catastrophic Inmate Medical Insurance Polity in the amount of $75,149 as a means to reduce and control inmate medical costs. B.Prison Health Services Inmate Aggregate Cap & Psychotropic Drug Invoices- The Board approved payment of PHS Invoices in the amount of $66,489.07 per contract agreement. 5.INVESTMENT FOR THE FUTURE Central Services- The Board approved the re-allocation of IFF Funding in the amount of $150,000 and proceed with project located at Rock Road Jail: re-roofing Pod A-1 building ($50,000) purchase a storage building to provide additional space to store equipment, materials and supplies ($20,000) and establishment of a transport yard for inmate transportation to courthouse ($80,000). The Board approved Equipment Request No. CSEQ06-266. 2 6.COMMISSIONER HUTCHINSON The Board ratified Com. Hutchinson’s appointment of Marjorie Harrell to the Library Advisory Board. 7.GROWTH MANAGEMENT Tourist Development Council- The Board approved the Special Event Grant Agreement and application in the amount of $2,000 to Florida Indian Hobbyist Association Pow Wow event as drafted by the County Attorney and authorized the Chairman to sign the agreement upon receipt of the signed originals. C.Tourist Development Council- The Board approved the Special Event Grant Agreement and application in the amount of $2,000 to the Cultural Affairs Council for the Zora Fest 2006 event as drafted by the County Attorney and authorized the Chairman to sign the agreement upon receipt of the signed originals. 8.GRANTS A.Angle Road Sidewalk Project – The Board approved the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program. B.Taylor Creek Dredging- The Board approved the submittal of the grant application to the Florida Ports Council for $900,000 in funding for Phase 3 of the Taylor Creek Project and $2,560,500 for Phase 2. The Board approved accepting the grant if awarded. CONSENT ADDITIONS CA-1 COUNTY ATTORNEY Resolution No. 06-141- Declaring a State of Local Emergency- Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 06-141 and authorized the Chairman to sign. C3G Request for a public hearing for the Guettler Borrow Pit Mining Permit Application to be held on June 6, 2006 at 6:00 p.m. or as soon thereafter as possible. Com. Hutchinson advised the Board and those present she would abstain from voting on this item. It was moved by Com. Smith, seconded by Com. Craft, to approve the request for a public hearing for the Guettler Borrow Pit Mining Permit Application on June 6, 2006 at 6:00 p.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. REGULAR AGENDA 5.A GROWTH MANAGEMENT Consider Ordinance No . 06-023 adopting the request by North Hutchinson Island LLC for a Change land use designation of a 9.44 acre parcel located northwest of the intersection of SR A-1-A and Marina Drive from commercial land used to Mixed Use land use subject to limitation of specified subarea policies for 82 Residential Units and 10,000 square feet of Neighborhood Commercial with consist architecture and a transit stop. Consider staff recommendation to adopt the Amendment as a reasonable mixed use. 3 Com. Coward addressed those present and stated he was in favor of the mixed land use designation, however he had a problem with the intensity of the project. Mr. Bobbi Klein, Klein and Dobbins, addressed the Board and gave an overview of the project. Mr. Michael Houston, Houston, Cuozzo firm addressed the project and the site plan. Mr. John Olsen, Architect, Peacock and Lewis, addressed the site plan proposed. Mr. Klein advised the Board the applicant was agreeable to the conditions as well as the addition of condition number 20. Quasi-Judicial- The Board members advised those present of their contact with the applicant, his representatives and the homeowners association. Public Comments Ms. Diane Andrews, 114 Queen Ann Ct., Land Preservation Committee, North Beach Association, addressed the Board regarding the project and stated she had received 2 different site plans and suggested there be some indication on the actual plan to be used to avoid confusion. She also expressed her concerns with the site plan not indicating the dimensions of the buildings and the setbacks. Ms. Kathy Brandon, Riverwalk, Ft., Pierce, addressed the Board in favor of the project. Ms. Brandon owns the property adjacent to the proposed project parcel. Mr. Larry Storms 3150 N. A-1-A addressed the Board in opposition to the project. He stated this project would eliminate commercial area needed in North Beach. Mr. Nicholas Pecoraro, 202 Riverwalk, Ft. Pierce addressed the Board in favor of the project. Mr. Gianfranco Ricco, 2418 Tamarind Drive, Ft. Pierce, addressed the Board and stated 10,000 sq. ft., of commercial was not enough for the project and suggested the developer re-do the plan. Ms. Jean Downing 5163 N. A-1-A addressed the lack of amenities in the area and asked the retail zoning be kept . Mr. Bob Emery, 220 Marina Drive, addressed the Board in opposition to the project. He requested the developer relocate building 7 from its present location. Mr. Emery also represented Mr and Mrs. Samples also residents of Marina Drive who were not able to attend the meeting. They are in opposition to the project. Mr. Bob Lowe, 4949 N. A-1-A commercial real estate agent, addressed the Board in favor of the project. He advised the Board to consider the fact there are not enough residents in the area during the off season to support larger commercial projects. Mr. Tom Babcock, 261 Marina Drive, addressed the Board in favor of the development. He stated the seasonal nature of the condo owners is also a factor on commercial success or failure. Ms. Beth Williams, 203 Marina Drive, addressed the Board in favor of the development and stated she did not have any concerns with the 3 story buildings and was comfortable with the density. Mr. Carl Williams, 203 Marina Drive, addressed the Board in favor of the development and stated over 10,000 sq. ft. in commercial space on the island would not work. He is commercial lender. 4 Ms. Joan S. Miller 3266 Lakeshore Drive, and Real Estate Broker addressed the Board in favor of the project. Mr. Bill Medina 3223 –8 S. Lakeview Circle, Ft. Pierce, addressed the Board in opposition to the project due to the building height and the density. He stated he is in favor of more commercial projects in the area. Mr. Jeff Mitchell, 2318 Tamarind Ft. Pierce, Real Estate Agent, addressed and stated he was in favor of more commercial space in the area. Mr. Sergei Goukasov, 3880 N. A-1-A addressed the Board in favor of the commercial zoning and less residential zonings in the area. Mr. Robert Tabor, 4201 N. A-1-A, addressed the Board and asked they protect the area as it is today. Mr. Richard Allison, 919 Jackson Way, addressed the Board and stated he did not wish to see North Hutchinson Island with too much residential like South Hutchinson Island. Mr. George Herden, 2900 N. A-1-A supports having commercial property available and expressed his concern with the density. Ms. Lois Emsweller 208 Riverwalk, addressed the Board in favor of the project. Mr. Herb Emsweller, 208 Riverwalk, addressed the Board in support of the mixed use zoning. Ms. Susan Doctor, 3100 N. A-1-A, addressed the Board and stated she had concerns with the conditions of the project and asked what the term “substantial compliance” indicated. Ms. Shirley Klein, 2700 N. A-1-A addressed the Board in favor of the project and stated she does not wish to live in a commercial area that would cause congestion. Mr. Bill Gesner, 253 Marina Drive, addressed the Board in favor of the project. Mr. Richard Donnelly, 4163 N. A-1-A addressed the Board in favor of the 10,000 sq. ft. commercial area and stated as a real estate agent, people do not want to be near a large commercial area. Mr. Michael Riordan, 213 Marina Drive, Ft. Pierce, addressed the Board and requested a wall or fence be placed to divide the project from the existing residents. He stated Coral Cove was not in favor of the project and he urged the Board to deny the proposal. Ms. Ellen Emery, 220 Marina Drive, addressed the Board in opposition to the project due to the high density. Mr. Andy Brady, 2703 A-1-A addressed the Board and stated 10,000 sq. ft. of commercial was not enough, however he did not wish too large in the area. Mr. Mike Rodriguez, 2600 Flatilla Terrace, addressed the Board and expressed his concern with the density and suggested Building 7 be brought down to 2 floors. Mr. Craig Mundt, 5051 N. A-1-A addressed the Board in opposition to the project. Mr. Bobbi Klein, attorney for the applicant, addressed the residents comments and advised the Board after speaking with the applicant, they could tier the top floor of building 7 and eliminate the 2 most southern units which would be the total units to 80 instead of 84. Com. Craft stated he was in favor of the project because it was an improvement to the area and also gives commercial viability. 5 Com. Coward stated he supports the land use change and it is an excellent design is impressed with the architecture, the trail system and he would like to see it happen, but his concern is there should not be a loser in the process. Coral Cove residents are not happy and it’s incumbent upon the Board to make sure that they address everyone’s concerns. He would like to see through the site planning process modifications so that the Emery’s and other neighbors are not detrimentally affected. His test is to place himself in the shoes of the landowners and those who are affected and this test needs to be met in order for him to vote in favor of the project and this test has not been met. He appreciates two units being eliminated but to him this simply is not enough he is having a very difficult time with building 7 and it’s impact on the neighbors. Com. Coward asked a consensus from the Board as to whether they were in agreement with the 80 units or if they were in agreement with eliminating building 7 which would bring the units down to 72 consistent with the exiting land use. Consensus was as follows: 80 units: Craft, Lewis, Hutchinson, Smith. Mr. Houston addressed the modifications being initiated by the developer. Com. Craft asked if there were units that could be staggered. Mr. Houston stated the architect stated they could do this. rd The Architect stated they the 3 floor of building 7 can be staggered or set back anywhere from 10-12 feet farther in towards the property to give the stepping of the architecture greater definition at that corner and he believes they can make this work architecturally. Com. Smith asked if they would be willing to eliminate building 7. Mr. Klein addressed Com. Smith’s question and stated giving up the 2 units in building 7 is the best they could do and they could push the building a little further north. It was moved by Com. Lewis, seconded by Com. Smith, to approve Ordinance No. 06- 023, with the changes as agreed, 80 units, language change of minimum of 10,000 sq. ft of commercial, and, upon roll call, the vote was as follows: Nay: Coward (cannot support project as is), Aye’s: Craft, Hutchinson, Smith Lewis, motion carried by a vote of 4 to 1. 5.B GROWTH MANAGEMENT Consider Resolution No. 06-055 approving a request by North Hutchinson Island LLC to rezone a 9.44 acre parcel located northwest of the intersection of SR A-1-A and Marina Drive from Commercial General Zoning to Planned Mixed Use Development Zoning subject to limitations of Ordinance No. 06-023 and the attached Preliminary Plan. – Consider staff recommendation to adopt the Amendment as a reasonable mixed use. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06- 055, with the added condition contingent upon the abandonment petition, changes to building 7 stepped in moved north to sidewalk on existing site plan approximately 25’ feet , removal of the top floor of the two southern units from building 7 creating the buffer approximately 70’ from the Emery property, building 4 reinforced (in future for possible opportunity of expanding commercial), gate to be eliminated as noted, contribution to county $5,000 per unit over the 36 units under the PMUD subject to the abandonment, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s: Hutchinson, Smith, Lewis, Craft, motion carried by a vote of 4 to 1. 5.C COUNTY ATTORNEY Petition for Abandonment- Petition to abandon a portion of a 60 foot platted right of way known as Flotilla Terrace along with two 30 foot alley- Resolution No. 06-xxxx- 6 Consider staff recommendation to approve Resolution No. 06-126, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-126, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. Mr. Tabor, area resident, addressed the Board in opposition to the abandonment. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06- 126, and; upon roll call, the vote was as follows: Nay: Coward, Aye’s: Hutchinson, Lewis, Craft, Smith, motion carried by a vote of 4 to 1. REGULAR AGENDA ADDITION RA-1. COUNTY ATTORNEY Resolution No. 06-142- Resolution Amending Loan Agreement for MSBU Line of Credit with Bank of America- Consider staff recommendation to approve Resolution No. 06- 142 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 06- 142, 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 Circuit Court 7