HomeMy WebLinkAboutBOCC Minutes 07-18-2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
________________________________________________________________
Date: July 18, 2006 Convened: 6:00 p.m.
Adjourned: 8:50 p.m.
Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie
Hutchinson, Joseph Smith
_______________________________________________________________________
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Jack
Southard, Public Safety Director, Robert Nix, Growth Management Director, Hank
Flores, Planning Manager, David Kelly, Planning Manager, Mike Pawley, County
Engineer, Millie Delgado-Feliciano, Deputy Clerk
_____________________________________________________________________
1.MINUTES
It was moved by Com. Lewis, seconded by Com. Smith to approve the minutes of the
meeting held July 11, 2006 and the amended minutes of the meeting held June 6, 2006,
and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.The Board held a discussion on the Island Club hearing dates and
attempting to keep the Club issue and the upland issue separate.
Staff advised the Board they are still attempting to resolve the upland issue and are not
sure when it will be before the Board. Staff needs to continue to work with the
developer. There is a proposal/settlement agreement they are attempting to work on with
Kolter properties. The Island Club issue will be brought before the Board at the August
1, 2006 meeting and he will recommend it be heard as a separate the issue. If the Board
decides it will be separate issue then the upland issue will not need to be discussed at the
August 1, 2006 meeting.
Com. Coward stated it was not the Island Club that was a controversial issue it was the
fact that it was being connected to the upland issue that they are still in the process they
are trying to resolve.
The Growth Management Director advised the Board Kolter did propose to place
approximately 100 acres more or less in a conservation easement. Fifteen acres with a
woodpecker habitat and the balance on the area in Port St. Lucie where the Dreams Park
was once proposed and they will be resolving a part of this issue on August 1, 2006.
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The Assistant County Administrator advised the Board the staff intent for August 1 is to
bring the Island Club separate and a part from the 490 acres preservation issues. At the
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point of the August 1 public hearing, she believes they will not be in a position to have
the settlement agreement finalized to know where they will be on those issues and it is
important the Board is clear on this. They have not set a date certain or projected a date
where by they will have the settlement agreement to bring back to the Board that would
deal with the 490 acre upland preserve issue. She believes the Board will not see any
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issues related to this on August 1.
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Com. Smith stated his concerns were, that to the residents who live in the area they are
not separate issues. He believes the problem he has been having is how do you make a
decision on X without knowing what Y is and how do we maintain a position of strength
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dealing with one issue on August 1 and another at another time. He is comfortable
working with the developer, but the concern that remains is, once they get this all done
what is their inducement to go ahead and finish this settlement agreement.
Com. Lewis stated if she can be guaranteed the issue is moving forward towards a
settlement, she would be more comfortable separating the issues. She does not believe it
was ever a position of strength issue, the only reason it was not moved forward was
because there was a legal issue due to the non-compliance.
Com. Hutchinson requested the County Attorney clarify the two issues may be separated.
The County Attorney stated there was an issue at one point in addition to the upland of
recreation and the Dept. of Community Affairs has determined at the staff level and
general counsel office the Island Club as modified, goes towards resolving the issue.
They are comfortable in separating that issue and proceeding and he has heard this from
the acting general counsel so he is also comfortable with this as well.
Com. Hutchinson stated because it has been put off for so long, she would have a better
comfort level if all Five Commissioners were present.
Com. Craft stated we were not really separating the two issues, in order for us to move
forward they must complete this measure of the development order and he does not have
an issue with it coming to the Board on August 1, 2006.
It was the consensus of the Board to hold the hearing on August 1, 2006 for the Island
Club. The Chairman advised everyone present he would not be attending the meeting he
will be in Tallahassee with staff speaking in front of the Governor and his Cabinet.
Mr. Mark Roseman, PGA, addressed the Board regarding the hearings to be held on the
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1 and the 15. He wished to make the Board understand the resident’s position in that
Kolter is 99% built out of the area. He interpreted Com. Smith’s comments to relay that
he wanted to use the PGA residents as being totally responsible for the leverage being
applied to Kolter in terms of withholding possibly the Island house in terms of gaining
leverage. This is something he is very dismayed about and very concerned about.
He stated there will be 4 Board members present and a possible 2/2 vote and he felt they
would be in a much better position in getting a fair hearing if the Board puts it off until
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the 15. He felt the Board should not have waited until the last minute. The residents at
PGA want the Island Club built, they paid for it and they deserve it and they do not wish
to be held hostage by utilizing leverage in terms of the Island Club being withheld.
Ms. Mary Chapman, Harbor Advisory Committee, addressed the Board and stated the
submerged land lease for the port is a very important issue and felt it was unfair to
schedule these meetings simultaneously.
Ms. Susie Caron, Indrio Road concurred with Ms. Chapman and stated there are many
people who need to attend the meeting in Tallahassee. She believes the issues can be and
should be separated, however, both of them should be scheduled for the same night so
that the residents would need to participate and attend one night.
The County Administrator stated he believed staff could not be ready in 15 days on a
mitigation issue.
Com. Coward clarified the action for those present. They are separating the upland
pieces out and simply dealing with the recreational Island Club.
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Com. Smith addressed Mr. Roseman’s comments and advised him the intent was not to
hold him nor the residents from PGA Village hostage. What he is attempting to do is his
job and he disagrees with his collogues on this issue and the reason he felt so strongly
that the two issues should be linked together is because they have been linked together in
the beginning. The vote has occurred and we will go ahead and separate the two issues
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and he will listen to the comments of staff and discuss with his collogues on the 1 and
will be happy to make a determination then. He apologized for the impression he made.
Com. Coward stated he was in favor of moving forward with the Island Club.
2.B Resolution No. 06-243- Endorsing the Lincoln Park Business Association
Application for the Florida Main Street Program in Support of Lincoln Main Street.
Ms. Rollins, Lincoln Park Main Street committee member addressed the Board and
requesting assistance in the funding of the program.
Mr. Havert Fenn, former St. Lucie County Commissioner addressed the Board and
advised them the City of Ft. Pierce had allocated $90,000 towards the program and he
was hoping St. Lucie County would also assist.
Com. Joseph Smith stated he felt this was a very worthy cause for his district and
allocated $10,000.
Com. Coward also allocated $10,000 to the program.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 06-
243, and; upon roll call, motion carried unanimously.
Port St. Lucie City Councilman, Jack Kelly addressed the Board regarding a newspaper
article where it stated there had been a squabble between the County and the City on
certain issues. He wished to advise all viewers and bring to the Board’s attention the fact
this information was fabricated. He advised everyone viewing this meeting that the
County and the City are working well together on various issues.
2.C COUNTY ATTORNEY
Resolution No. 06-244 Recognizing Mr. Robert Lockwood, Jr., as a Living Legend and
Welcoming him to St. Lucie County, Florida,
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No.
06-244, and; upon roll call, motion carried unanimously.
GENERAL PUBLIC COMMENTS
Ms. Jean Hearn, Tozier Road resident, addressed the Board regarding the trip to
Tallahassee regarding the submerged land lease and commended the Board on pursuing
this important issue. She stated the DEP sent a summary of the documents requested and
stated they needed to acquire the documents. She urged the Board to continue on their
path.
Com. Coward commended Ms. Hearn for her efforts and advised those present the Board
had passed a Resolution opposing the submerged land lease for berth # 4.
Ms. Rollins, area resident, addressed the Board regarding the problems on Angle Road
and Avenue D regarding the truck stop a resident has created in the area. She stated the
area was unsightly and very dangerous.
Com. Smith stated the County is presently dealing with a few property owners in the area
and have filed suit against one and are now in negotiations. The truck stop issue has been
sent to Code for further investigation.
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Ms. Susie Caron , Indrio Road resident, addressed the Board regarding the Port issue and
the submerged land lease. She does not wish to see the Port expanded to a point where it
will look like the Miami Port. She asked the entire Board to consider attending the
meeting in Tallahassee.
Mr. Craig Mundt, North Hutchinson Island resident, addressed the Board and requested
item C2D be pulled for discussion.
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding item CA9- the Jetty
repair and stated he felt the costs are excessive.
Mr. Charles Grande, Marine Resources Council, addressed the Board and advised
everyone present the Council will be providing a bus for anyone wishing to make the trip
to Tallahassee in support of the County’s meeting with the Governor. He also thanked
the candidates running for County Commissioner for honoring the “sign free zone” on
Hutchinson Island.
Ms. Jeanne Schaffer, Parks and Recreation employee requested the Board pull item C3-A
due to the fact the union representative has not discussed this issue with the union
members.
The Human Resources Director stated this was an agreement reached due to a grievance
filed.
Com. Coward suggested pulling this item and bringing it back at later date.
3.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Hutchinson to approve the Consent
Agenda as amended, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 41.
2.COUNTY ATTORNEY
A.Release of bonds for Savanna Club Phases 4,5,6 and 7 – The Board
approved the release of the bonds for Savanna Club Phases 4,5,6 and
7.
B.Resolution No. 06-241- The Board authorized the Chairman to sign
the FDOT form requesting the temporary closure of State Road 70 as
outlined above.
C.Treasure Coast Research, Education and Development Park- Partial
termination of Lease Agreement and Treasure Coast Agricultural
Research Foundation, Inc.,- The Board approved the proposed Partial
Termination of Lease Agreement with Treasure Coast Agricultural
Research Foundation, Inc., and authorized the Chairman to sign the
Partial Termination.
D.This item was pulled for separate action and discussion.
3. HUMAN RESOURCES
E.Re-class – This item was pulled and will be re-agendad.
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F.Mid year April 1 pay adjustment- The Board approved implementing
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the April 1 pay adjustment for non-bargaining unit employees and
bargaining unit employees upon ratification.
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4. PUBLIC WORKS
A.Solid Waste Initial Assessment Resolution No. 06-206 Request
Permission to Advertise Public Hearing- The Board adopted
Resolution No. 06-206, a Solid Waste Initial Assessment Resolution
and granted permission to advertise a public hearing on August 15,
2006 at 6:00 p.m. or as soon thereafter as it may be heard.
B.Engineering Division- Approval of Work Authorization No. 5 with
Inwood Consulting Engineers, Inc., for the final design of the Angle
Road Sidewalk Project in the amount of $102,795.00- The Board
approved Work Authorization No. 5.
5.AIRPORT
Adopt Resolution No. 06-220 approving the 2007 Disadvantaged Business Enterprise
Plan for the Airport, authorize the Airport Director to submit the Program to the FAA
Civil Rights Office and advertise for public comments on the goal determination- The
Board adopted Resolution No. 06-220.
6.PARKS AND RECREATION
Parks and Recreation Project Manager- The Board approved a temporary to permanent
Project Manager position for the Parks and Recreation Department.
7.PURCHASING
A.Award Bid No. 06-082 Fire Alarm Testing, Monitoring & Inspection-
The Board approved awarding Bid No. 06-082 to the second low
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bidder, 1 Fire & Security, Inc., for the total monthly amounts
specified on the tabulation sheet, and granted permission for the
Chairman to sign the Contract as prepared by the County Attorney.
B.Change Order No. 1 to Contract C06-05-266 with Sitewerks, Inc., for
St. Lucie County International Ditch Relocation- The Board approved
Change Order No. 1 to Contract C06-05-266 with Sitewerks, Inc.,
which extends the contract time by twenty one days with a new
completion date of July 21, 2006. The Board authorized the Chairman
to sign the Change Order as prepared by the County Attorney.
8.GROWTH MANAGEMENT
A.Request of James P. Terpening for the final plat approval for the
project known as Oak Alley PUD- The Board approved the final plat
of Oak Alley PUD and authorized its execution.
B.Petition of KMJ Apartments, LLC for a 12 month extension of the
Major Site Plan known as Kitterman Woods- Draft Resolution No. 06-
221- The Board approved Draft Resolution No. 06-221.
9.UTILITIES
Bid Waiver- The Board approved declaring an emergency and approved a bid waiver per
the Purchasing Manual Section 5.5 approving the formal quote from Danella Companies,
Inc., for the 16” Force Main on US Highway # 1 from Taylor Creek to Ft. Pierce Utilities
Authorities Lift Station A or WWTP in the amount of $1,754,999.00.
ADDITIONS TO CONSENT AGENDA
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CA-1 PUBLIC WORKS
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Change Order No. 4 to the contract with Dickerson Florida, Inc.,- SR 615 S.25
Roadway Widening (Midway Road-Edwards Road)- The Board approved Change Order
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No. 4 to the contract with Dickerson Florida, Inc., for SR 615 S. 25 St., Roadway
Widening for modification of plan quantities, improvements, and additional safety
measures.
CA-2 PARKS AND RECREATION
St. Lucie County School Board Fee Reduction- The Board approved the School Board’s
request for a reduction in fees for the rental of the Fairgrounds Adams Arena and
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approved a total fee of $2,000.00 for its May 14-19, 2007 graduation rehearsals and
ceremonies.
CA-3. PUBLIC SAFETY
The Board approved the Agreement for Testing Limited Release of Software with
Sungard/H.T.E. with a credit in the amount of $2,555.00 and authorized the Chairman to
sign the agreement.
CA-4. COUNTY ATTORNEY
The Board approved the Escrow Agreement with Steward Mining Industries, Inc., and
authorized the Chairman to sign.
CA-5. GROWTH MANAGEMENT
The Board approved the funding of the St. Lucie First District to provide EMS Services
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during the National Bikers Roundup from august 1 to August 6 at a maximum cost of
$18,515.00 and granted permission for the Chairman to sign the Contracts and/or Work
Authorization as prepared by the County Attorney.
CA.-6 ADMINISTRATION
Recreation Advisory Board- The Board ratified Commissioner Hutchinson’s
reappointment of Brad Keen to the Recreation Advisory Board for a second term.
CA-7. ADMINISTRATION
Contractors Licensing Board- The Board ratified Commissioner Coward’s
reappointment of Carol Hughes to the Recreation Advisory Board for a second term.
CA-8. ADMINISTRATION
Recreation Advisory Board- The Board ratified Commissioner Lewis’ reappointment of
Curt Holden to the Recreation Advisory Board for a second term.
CA-9. PUBLIC WORKS
Erosion- Spur Jetty Damage Repair Bid (#06-056) - The Board approved the total project
budget in the amount of $297,207.00 and awarded a construction contract to the apparent
low bidder, Sunshine Land Design, inc., in the amount of $267,906.64 and execution of
said contract by the Chairperson.
Mr. Richard Bouchard addressed Mr. Arena’s comments on this issue.
Mr. Arena gave suggestions on the project.
REGULAR AGENDA
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5.D GROWTH MANAGEMENT (1:20:32)
Petition of Chez Nous, LLC for a Change in Zoning from the RS-2 zoning district to the
RS-3 zoning district. The petitioner requested a continuation for August 15, 2006, staff is
recommending a continuation until September 19, 2006 at 6:00p.m. or as soon thereafter
as it may be heard.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the
continuation of the petition of Chez Nous for September19, 2006 at 6:00 p.m. or as soon
as it may be heard, and; upon roll call, motion carried unanimously.
5.F GROWTH MANAGEMENT (1:22:24)
Consider Draft Developers Agreement DVA 06-001 approving a Developers Agreement
between Incom Properties and St. Lucie County- There are various issues they need to
work out with staff and staff recommended this item be continued for August 1, 2006 at
6:00 p.m. or as soon thereafter.
Mr. Dennis Murphy, Culpepper and Terpening, addressed the Board and requested the
public hearing be continued to August 15, 2006.
It was moved by Com. Smith, seconded by Com. Craft, to approve continuing this item
on August 15, 2006 at 6:00 p.m. or as soon thereafter, and; upon roll call, motion carried
unanimously.
C2D COUNTY ATTORNEY
Request from Grande Beach North Hutchinson Island LLC to repeal Ordinance No. 06-
023 and Resolution No. 06-055 and grant permission to advertise Ordinance No. 06-040
and Resolution No. 06-219.
Com. Coward commented on the right of way given to this project from the beginning
and he had a problem with that. He asked if they had the ability to address this issue one
more time.
The County Attorney stated in his opinion, not, this is done by separate resolution it was
a separate hearing and he realizes it was tied into the site plan and he is not disputing this,
but he believes the Board has already taken action on it.
Com. Coward addressed the land on which the density was calculated. He believes it
may be wise to have further discussion on this issue.
The Growth Management Director stated at that time they had reviewed the code and
they were confident the application and criteria for this project was correct but obviously
the subject has come up and they are reviewing it again.
Ms. Virginia Sherlock, Attorney for Mr. and Mrs. Robert Emery addressed the Board and
stated she wished to make it clear she did not believe there was any objection to the staff
recommendation on this item requesting permission to advertise. They just wanted to
clarify that this was all that was being accomplished by this consent agenda item. We
also did want to clarify for the Board why this repeal has been requested. The request for
the repeal came as a direct result of challenge to the project that was filed on behalf of
Mr. and Mrs. Emery. The primary problem has been procedural.
The County Attorney advised the Board the hearing for the ordinance to repeal is
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scheduled for August 1. The local planning agency reviews ordinances to determine
consistency with the plan, proposed regulations, comp plan amendments and in his mind
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he believes they can go ahead with the hearing on August 1 and then pull the transmittal
of the large scale amendment. He does not see this as a conflict in his mind. He believes
the local planning agency can move on this to either approve or deny subject to a repeal
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of the ordinance by the Board on the 1.
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Com. Coward disagreed with the County Attorney and asked how the local planning
agency a volunteer group going to be asked to judge consistency with a plan if this Board
has not repealed it. He does not see how they can move ahead with a new plan if the
other has not been taken out of effect.
The County Attorney stated it was being processed in the same manner as a large scale
amendment.
Com. Coward stated he felt the Board should act on the repeal first and then schedule a
subsequent meeting if deemed necessary at Planning and Zoning thereafter.
The County Attorney stated if the P & Z Board can continue it along with the other items
to August sometime this may solve the problem.
The Growth Management Director stated they had other amendments in the process when
this came up, he does not disagree to move it out and the P & Z continue the hearing until
after Board action and he would guess the latest date the P & Z would hear it would be
sometime in August so that it can be adopted before December is out.
The County Attorney stated a suggestion should be made to the P & Z Board to continue
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the hearing until a time and date certain in August after August 1.
The Growth Management Director stated he did not see a problem in continuing this item
and have the hearings on the other amendments. This has to be adopted by the Board in
December. It will be sent to Tallahassee as soon as the Board has the transmittal hearing
in August. He believes they have enough time.
Com. Lewis expressed her concerns about holding up the other items.
It was the consensus of the Board to suggest to the P & Z Board to continue this item to a
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date certain after August 1.
Mr. Larry Storm, resident N. Hutchinson Island, addressed the Board and expressed his
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concern regarding Ordinance No. 06-023 discussed on May 2.
Com. Coward directed staff to review the notification process.
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the advertising
as requested, and; upon roll call, motion carried unanimously.
5.A COUNTY ATTORNEY (1:47:22)
Petition for Abandonment- Petition to abandon a portion of two 30 foot platted rights of
way- known as Canal Drive and Poinsettia Avenue- Resolution No. 06-217- Consider
staff recommendation to approve Resolution No. 06-217 instruct staff to publish the final
Notice of Abandonment, record Resolution No, 06-217 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.
Quasi Judicial- All Board members advised those present they had met with the
applicant and/or their attorney.
Mr. Harold Melville, attorney for the petitioner was present to answer any questions the
Board may have.
It was moved by Com. Hutchinson, seconded by Com. Smith, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
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5.B COUNTY ATTORNEY ( 1:51:28)
Continuation of Second Reading- Ordinance No. 06-022- Provide for the option to
impose a Privilege Fee for the Abandonment of Real Property or Right of Way-
Consider staff recommendation to adopt Ordinance No. 06-022 as revised.
The Assistant County Attorney addressed the Board on this item and stated the following
provided criteria must be present:
1.The County paid consideration for the subject property at the time of the
acquisition or
2.The subject property has a value in excess of $5,000 as determined by the
Property Appraiser or
3.The abandonment of the subject property would allow increased density on
the benefiting property
Mr. Larry Storms, area resident, addressed the Board and stated he supported the
approval of this Ordinance. He suggested the following language for item 2. (a) iii after
the word allow- “ an increase in the amount of developable land with increase in the
number of dwelling units and or an increase in the number of square feet of non-
residential development beyond what could have been achieved without the inclusion of
the abandoned or vacated lands related to the development proposal”.
Also, Mr. Storms suggested in part (b) ii in between the works land and value the word
“market” be inserted.
Com. Craft stated he was much more comfortable with this than previously however, he
would prefer to leave the discretion of value to the Property Appraiser.
Com. Hutchinson requested clarification on the term “for any other public use” as stated
in the Planning and Zoning minutes.
The Assistant County Attorney stated the Planning and Zoning Board had not wanted to
restrict this Board to only be able to use whatever money received from the privilege fees
for beach access or recreational land. They wanted this Board to have the ability to use it
for whatever use the Board saw fit under public use.
Com. Hutchinson also questioned the words, “various eminent domain proceedings” and
asked the intention of that sentence.
The County Attorney stated it was not intended for a specific use and suggested deleting
the words “various eminent domain proceedings” and insert “ to acquire property”.
Com. Coward concurred with the removal of the term “eminent domain proceedings”.
Com. Coward expressed his concern with “density” and felt it was too restrictive.
The County Attorney suggested “the abandonment of the subject property would allow
increased residential density or non- residential intensities.
The Board concurred with this language.
Com. Coward requested a safety net (language ) incase the assessed value is quite low
and we can actually check the records.
Com. Craft stated he felt they were complicating the issue.
Com. Coward stated he felt comfortable with the language suggested by the County
Attorney.
Com. Smith stated he was comfortable with the language being that the sentence would
need to come before the Board to be utilized and to make the determination.
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Com. Hutchinson requested clarification on the changes.
The County Attorney stated a-iii would be amended to have “the residential density and
non-residential intensities” and b ii would be amended to add a sentence that read, “ if the
Board determines that the assessed value does not adequately reflect the market value, the
Board may have the option to obtain a fair market appraisal in order to establish a
privilege fee”.
It was moved by Com. Smith, seconded by Craft, to approve Ordinance No. 06-022 as
amended, and; upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT (2:14:42)
Petition of Mo-Jo Entertainment, Inc., for a 12 month extension of an approved
Conditional Use Permit to allow the operation of a drinking place free standing in the CG
Zoning District- Draft Resolution No. 06-170.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No.
06-170, and; upon roll call, motion carried unanimously.
5.E. COUNTY ATTORNEY
Smiegel Partners IX Orange Avenue Commercial Site- First Amendment to November
15, 2004 Development Agreement- First Public Hearing, the second hearing will be held
on August 1, 2006 at 6:00 p.m. or as soon thereafter.
No action is required.
No comments made by the Board or the public.
Com. Craft informed the Board of a meeting he attended with the City of Ft. Pierce where
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they had on their agenda to consider the joint planning Charrette for Avenue D and 7
Street, they had unanimous support and it looked as if they wanted to move forward with
the wastewater treatment plant site.
Com. Coward requested staff provide an update in the future regarding any alternative
site for the plant.
There being no further business to be brought before the Board, the meeting was
adjourned.
_______________________
Chairman
________________________
Clerk of Circuit Court
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