HomeMy WebLinkAboutBOCC Minutes 05-16-2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: May 16, 2006 Convened: 6:00 p.m.
Adjourned: 9:10 p.m.
Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson,
Paula A. Lewis, Joseph Smith
______________________________________________________________________
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management
Director, Don West, Public Works Director, Roger Shinn, Central Services Director,
Vanessa Bassey, Environmental Resources Director, Hank Flores, Planning Manager,
Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of
the meeting held May 9, 2006, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 06-172- Congratulating Fire Co-Owner Kurt Holden
and the Fort Pierce Fire Minor League Football Team on Reaching the
Tournament Finals for Two Consecutive Years.
It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 06-
172, and; upon roll call, motion carried unanimously.
B.Resolution No. 06-173, Proclaiming Monday May 15, 2006 as “Law
Enforcement Memorial Day” and proclaiming the week of May 14,
2006 through May 20, 2006 as “Law Enforcement Week” in St. Lucie
County, Florida.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No.
06-173, and; upon roll call, motion carried unanimously.
C.Staff requested approval of the Indian River Lagoon Envirothon, Inc.,
request to pay travel expenses and plan fare ($4800) for the John
Carroll High School Envirothon Team to attend Canon North
American Envirothon in Winnipeg, Canada.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the request, and;
upon roll call, motion carried unanimously.
3.GENERAL PUBLIC COMMENTS
Mr. Chris Langel, Jenkins Road resident, addressed the Board regarding Celebration
Point development. He advised the Board he was in support of the noise ordinance, and
hours of operation being specified for developments in the county.
Mr. Pat Langel, addressed the Board regarding the dump trucks entering and exiting the
development in his area. He expressed his concern with the hours of operation and
advised the Board of an accidental tree removal that occurred.
Mr. Brian Tolson, area resident addressed the Board regarding dust generated by the
development taking place around his home.
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4.CONSENT AGENDA (40:30)
It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda,
and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 32.
2.COUNTY ATTORNEY
A.Resolution No. 06-150 Extending the State of Local Emergency- Ban
on open air burning in St. Lucie County- The Board approved
Resolution No. 06-150.
B.Library 101 Melody Lane- Temporary Construction Easement- The
Board approved granting a temporary easement in favor of Boca Ven
Land of Ft. Pierce, Inc., and authorized the Chairman to execute the
Temporary Construction Easement and directed staff to record the
Temporary Construction Easement in the Public Records of St. Lucie
County, Florida.
3.PUBLIC WORKS
A.Road and Bridge Division- Approve Equipment Request (EQ06-271)
to purchase a new 12’x14’ storage shed from the Shed Man for
$3500.- The Board approved Equipment Request EQ06-271.
B.Engineering Division- Entrada Lane and Rio Mar Drive Landscape
Project- The Board approved awarding the contract to the low bidder,
Sunshine Land Design, in the amount of $401,529.60 establish project
budget and authorized the Chairman to sign.
C.Road and Bridge Division- The Board approved Equipment Request
EQ06-270 to purchase a new 2006 10’ Rotary Mower Head for
$5,435.00.
D.Engineering Division- Award RFP No. 06-026- The Board approved
the shortlist and granted permission to negotiate with the top four
ranked firms: Kimley-Horne and Associates, Inc., LBFH, Inc., PBS&J
and Stanley Consultants, Inc., and authorized the Chairman to sign the
contract as prepared by the County Attorney.
E.Engineering Division- Lennard Road 1 MSBU- The Board approved
Amendment No. 5 to Work Authorization No. 8 to the Agreement for
Engineering Services with Culpepper and Terpening to extend allotted
time to complete all tasks to, no later than, four months after
completion of construction.
4.PARKS AND RECREATION
A.Fairgrounds water plant capacity expansion/approval to bid request-
The Board approved the request to go out for bids for the Fairgrounds
Water Plan Expansion Project and approved the use of $217,000.00
from Park ‘B” impact fees for additional funding of the project.
B.Request for Fee Waiver- The Board approved waiving fees for Project
Hope to use Lincoln Park Community Center for an event on June 3,
2006.
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5.CULTURAL AFFAIRS
Purchase of Sculpture for display at Heatcote Botanical Gardens as part of the Art in
Public Places Program’s permanent inventory- The Board approved the purchase of the
sculpture “A” Saplings Canopy for the Art in Public Places Program’s art inventory for
an amount not to exceed $9,500.00.
6.CENTRAL SERVICES
A.Request to transfer equipment- The Board approved the request to
transfer equipment, (an enclosed utility trailer) to Central Services
Department, St. Lucie County property equipment # 303406, tag #
103611.
B.Temporary relocation of inmates - The Board approved the temporary
relocation of inmates from building B-4 to building D-2 enabling the
contractor, Sunrise Sytems of Brevard, to do exterior work on building
B-4 and also staff to perform necessary maintenance on the interior of
the building while it is unoccupied and approved reallocation of funds
in the amount of $71,600.00 from General Contingency/Budget
Amendment No. BA06-137 for projected Sheriff’s staffing cost, not to
exceed 64 calendar days.
7.INVESTMENT FOR THE FUTURE
Central Services- Reallocate remaining IFF funds in the amount of $243,000.00- The
Board approved the reallocation of IFF funds in the amount of $243,000.00 from funds
budgeted Fy05-06 to replace the roof on the Administration Annex and was completed
under budget.
8.HUMAN RESOURCES
Reimbursement rates for meals and mileage- The Board approved Resolution No. 06-
175 with an effective date of May 16, 2006.
9.COMMUNTIY SERVICES
A.Submittal of Grant Application- The Board approved submitting the
grant application to the FDOT Transit Corridor Grant program to
implement transit service connection St. Lucie County to Indian River
County.
B.Request to apply for FDOT Service Development Grant- The Board
approved submitting a grant application to the FDOT Service
Development Program for operation of two existing ease/west routes.
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C.Approve 1 Amendment- The Board approved the first amendment to
the artist’s contract as prepared by the County Attorney for the transit
art bench project.
10.PARKS REFERENDUM
Work Authorization to Kimley Horn and Associates, Inc.- The Board approved work
authorization to Kimley Horn and Assoc., in the amount of $1,315.00 to stake twelve
light poles and complete the final grading elevation.
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REGULAR MEETING (43:11)
5A. GROWTH MANAGEMENT
Consider staff recommendation to approve Draft Resolution No. 06-155 subject to 5
limiting conditions and granting a change in zoning from the HIRD to PUD Tailer’s
Cove.
Mr. Dennis Murphy, representing the applicant requested a continuance.
It was moved by Com. Smith, seconded by Com. Lewis, to approve the continuance of
this public hearing for June 6, 2006 at 6:00 p.m. or as soon thereafter as it may be heard,
and; upon roll call, motion carried unanimously.
5B. COUNTY ATTORNEY 1:09:37
Ordinance No. 06-013 amending the St. Lucie County Land Development Code by
amending Section 10.01.14 to prove for an Administrative Variance Procedure for
Minimum Yard Setback in any existing mobile home park.
This meeting is for the purpose of accepting public comments and testimony and
providing any direction to amend or otherwise modify this draft ordinance. The second
public hearing is scheduled for June 6, 2006.
Ms. Ann Morton, Spanish Lakes resident addressed the Board regarding the time process
for repairs and permitting of the mobile homes in her area.
Mr. Charles Gallagher, Spanish Lakes Association President, addressed the Board and
questioned shy those who have had the structures in prior to any of the hurricanes cannot
be grandfather in .
Mr. Dennis Grim, Code Compliance Manager, advised those present, the problem they re
seeing is the new plot plans coming in do not show whether there was a permit pulled 35
years ago and this causes a problem with the new setbacks according to the new
ordinance.
Mr. Ray Brewer Federation of Mobile Homes addressed the prospectus.
The County Attorney advised the Board, the County does not abide by the prospectus, but
must follow the ordinance.
Staff was directed to sponsor a community meeting before the second reading.
No action necessary.
5.C GROWTH MANAGEMENT 1:07:33
Consider Ordinance No. 06-026 adopting the request of Charles Sabin, Sabin Companies,
Inc., for a small scale change in future land use designation for an 8.9 acre parcel located
th
northwest of the intersection of Edwards Road and 25 St., from Commercial land use to
RM land use.
Quasi-Judicial- The Board members advised those present of their contact with Mr.
Sabin and his team as well as the neighbors.
Mr. Lee Dobbins, Kline and Dobbins, representing the applicant, addressed the Board.
Mr. Ken Natoli, Planner and Landscape Architect/ Houston Cuozzo Group, addressed the
Board regarding the project.
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It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Ordinance No.
06-026, by adopting the amendment, and; upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT(1:48:18)
Consider Draft Resolution No. 06-057 granting a change in zoning from the RS-4 zoning
district and preliminary planned unit development approval for the project to be known as
Orchid Place – PUD .
Com. Coward asked if it would not be more aesthetically pleasing for the neighbors to the
north if a substantial landscape buffer rather than a wall.
Mr. Natoli stated the original site plan showed an opaque fence and changed it to a wall
at the request of planning and zoning.
Mr. Sabin stated he would much rather do a rod iron in between (decorative) low wall
fence.
Com. Hutchinson stated she liked this way of thinking.
Com. Craft expressed concern with the wall around the commercial site and would like to
see the landscape increased.
Mr. Sabin stated he understood, however the wall is the building not really a wall.
Mr. Natoli pointed out the additional landscaping already on the plan.
Mr. Bill Blazak, Culpepper and Terpening, addressed the Board in favor of the plan.
Com. Coward asked staff if they satisfied with the remaining commercial area.
Mr. Flores, Planning Manager stated they were satisfied.
Com. Coward asked for information on the traffic study.
Mr. Steph Mathis, Culpepper and Terpening advised the Board the traffic study took into
consideration all the projects in the area.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the change in
zoning with the condition the wall be changed to the decorative rod iron, the sidewalk
extend and the emergency entrance meet the approval of the Fire District, and; upon roll
call, motion carried unanimously.
Ms. Vanessa Bassey, Environmental Resources Director advised the Planning Manager
that per code other than opaque or wall, they would need consent from the adjacent
property owners.
It was placed as a condition that the decorative would be placed contingent on the
approval of the adjacent property owners and if not it would revert back to the original
fence.
5.E GROWTH MANAGEMENT (1:53:01)
Consider draft Resolution No. 06-058 granting a Conditional Use Permit and Major Site
Plan Approval for the construction and operation of a household goods warehousing and
storage mini-warehousing in the CG zoning district.
Com. Craft requested additional trees.
The landscape architect recommended 5 trees due to space.
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Com. Craft agreed to the 5 additional trees.
It was moved by Com. Hutchinson, seconded by Com. Smith to approve draft Resolution
No. 06-058 with an additional 5 trees to be planted, and anti-graffiti paint to be used on
the wall, and upon roll call, motion carried unanimously.
Com. Smith thanked Mr. Sabin for his efforts and contribution to the Mustard Seed.
5.F GROWTH MANAGEMENT (1:59:30)
Consider Draft Resolution No. 06-059 granting a Change in zoning from the RS-2 to AR-
1.
Mr. Charles Ward, Jenkins Road residents and petitioner of the request, addressed the
Board and advised them he would not be changing any of the functions of the property.
Mr. John Ward, Jenkins Road, addressed the Board in favor of the change in zoning.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No.
06-059, and; upon roll call, motion carried unanimously.
5.G- GROWTH MANAGEMENT (2:04:03)
Consider Draft Resolution No. 06-060 granting a change in zoning from RS-2 to AR-1
zoning district.
It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06-
060, and; upon roll call, motion carried unanimously.
5.H GROWTH MANAGEMENT (2:06:53)
Consider Draft Resolution No. 06-154 granting a change in zoning from RS-2 to the AG-
1 zoning district got property located on the west side of Bennett Road. Staff
recommends denial of AG-1 zoning district with recommendation of rezoning to the AR-
1 zoning district.
Mr. Michael Bryant, petitioner addressed the Board and stated he does not wish to place a
home on the property and would be keeping horses on subject property.
Staff advised the Board after reviewing this petition, the felt it does not conform to the
standards of review as set forth in the Land Development Code and is in conflict with the
Comprehensive Plan.
Mr. Charles Grande, Hutchinson Island addressed the Board and wanted to make sure
everyone understood that if staff recommendation is passed, since there is not a residence
on the property, the horses could not be kept at this location.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the AG-1
zoning as requested by the applicant, and; upon roll call, motion carried unanimously.
5.I- GROWTH MANAGENT (2:15:01)
Consider Draft Resolution No. 06-056 granting a Conditional Use Permit to allow the
operation of a Motor Vehicle Repair Service including Body Repair in the CG zoning
district for property located at 6900 Heritage Drive subject to 2 conditions.
Staff recommends approval with the two conditions as follows: 1) conditional use permit
shall be restricted to avoid major collision repairs, but not avoid painting, 2) the subject
property shall upgrade all it’s site landscaping to comply with the regulation of section
709 of the St. Lucie County Land Development Code.
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Mr. Eric Savalis, petitioner advised the Board he has been at this location for one year
and is basically looking to expand to place a piece of safety equipment and is comfortable
with the conditions as stated by staff.
Mr. Edward Boslow, area resident, addressed the Board on the tree removal and
expressed his concern about the vegetation removed and asked the Board not to approve
this item until they find out who removed the vegetation. He also expressed his concern
with the noise any expansion would cause the neighbors.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06-
056 to include the two conditions, and; upon roll call, motion carried unanimously.
5J. COUNTY ATTORNEY (2:25:44)
Petition for Abandonment- Abandon a portion of an unopened 50 foot right of way
known as Boyington Road- Resolution No. 06-123 – Consider staff recommendation to
approve Resolution No. 06-123 instruct staff to publish the final Notice of Abandonment,
record Resolution No. 06-123 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. Fee, representing New Life Christian Church was present to answer any questions
the Board may have.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No.
06-123, and; upon roll call, motion carried unanimously.
5K. COUNTY ATTORNEY (2-31:23)
Ordinance No. 06-016 Establishing the Waterstone Community Development District-
Consider staff recommendation to approve Ordinance No. 06-016 and authorize the
Chairman to sign the ordinance.
Mr. VanWyk, the applicant’s representative presented proof of publication for the record.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Ordinance No.
06-016, and; upon roll call, motion carried unanimously.
5L. COUNTY ATTORNEY (2:34:59)
Ordinance No. 06-014- Establishing the Celebration Pointe Community Development
District- Consider staff recommendation to approve Ordinance No. 06-014 and authorize
the Chairman to sign the Ordinance.
Mr. VanWyk, the applicant’s representative presented proof of publication.
Ms. Pamela Hammer, the Reserve addressed the Board and stated there were residents at
the meeting who had various complaints about these developments and felt this would be
the appropriate time to address those issues.
Mr. Brian Tolson, area resident addressed the Board on the right of way for three homes
in the middle of the project area. He asked if the road would stay as a county road and if
his property would be annexed into the city since he is in middle of where this
development is taking place he does not wish to be forced into this annexation.
Mr. Wazny, Asst. County Administrator advised the Board the road will remain a county
road.
Mr. VanWyk advised the Board Mr. Tolson’s property would not be part of the district he
will be excluded.
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Mr. Don Jackson, Mercedes Homes advised the Board he would work with the neighbors.
Com. Hutchinson advised the Board and those present she would be abstaining from
voting on this issue due to a possible conflict.
It was moved by Com. Lewis, seconded by Com. Smith to approve Ordinance No. 06-
014, and; upon roll call, motion carried unanimously, with Com. Hutchinson abstaining.
There being no further business to be brought before the Board, the meeting was
adjourned.
_______________________
Chairman
________________________
Clerk of Circuit Court
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