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HomeMy WebLinkAboutBOCC Minutes 08-15-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 15, 2006 Convened: 6:00 p.m. Adjourned: 10:00 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, 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, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Mike Pawley, County Engineer, Hank Flores, Planning Manager, David Kelly, Planning Manager, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES ( 02:08) It was moved Lewis, seconded by Com. Craft, to approve the minutes of the meeting held August 1, 2006, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Hutchinson, to continue the two previously held public hearings on the Stewardship Rural Land Regulations on August 28, 2006 at 6:00 p.m. or as soon thereafter, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATION A.Mr. Flip Gates with the Treasure Coast RC & D presented the Board with a check in the amount of $100,000 towards the purchase of the Sandscrub Conservation Easement. B.The Board discussed the Skateboard Park Committee It was moved by Com. Craft, seconded by Com. Smith to appoint 5 members (BCC recommendations), two appointed by the City of Ft. Pierce and two appointed by the Youth Organization to the Skateboard Park Committee, and; upon roll call, motion carried unanimously. C.Allen Korsen, President of PSL Band Boosters requested the Board authorize the Chairman to sign a letter of support to help the fundraising efforts of the PSL Marching Band to participate in the Orange Bowl. It was the consensus of the Board to have this item come back to the Board on August 22, 2006 with more information and a recommendation as requested by the County Administrator. D.Board discussion on Kolter. The Growth Management Director addressed the Board and reviewed the memorandum issued to the Board dated August 15, 2006 titled “ Reserve DRI Compliance Report”. In this memorandum staff recommended the following actions: 1 1.Direct staff to send a letter to Kolter indicating that the County expects Kolter to completely resolve all of the compliance issues outlined in the memorandum on or before September 22, 2006. 2.Direct staff to advertise a public hearing on October 3, 2006 at 6:00 p.m. or as soon thereafter as the item may be heard to consider rescinding or amending Resolution No. 04-081. 3.Direct the County Attorney to begin preparing the necessary legal documents to initiate legal action against Kolter in the event compliance is not achieved by September 22, 2006. 4.Direct the Growth Management Director to draft a letter to the State of Florida, Department of Community (DCA) requesting that DCA issue a notice of violation to Kolter and to transmit the letter request to the Florida DCA on September 23, 2006 if Kolter fails to comply. 5.Direct the Growth Management Director to contact DCA and request the DCA to provide the County with technical assistance concerning the potential violation. Mr. Nix also stated in his memorandum that in order to prevent conservation/preservation land issues in the future, staff is enforcing the comprehensive plan policies that are now in effect. Comprehensive plan consistency requirements apply to both new and revised development orders. The Conservation Element provides that conservation and open space habitat preservation areas must be under single ownership of a homeowners association or other third party that is responsible for maintenance of the preserved areas. This prohibits “micrositing”. Future improvements include: 1) monitoring and modeling requirements will be proposed in Development of Regional Impact Development Orders; 2) Staff will receive and review biennial DRI progress reports, as required by law. In reviewing these reports, staff will examine time series aerial photography from the Property Appraiser’s Office in an effort to detect significant on-site change that may not comply with development orders. Mr. Nix stated he believed there were 490 acres of upland habitat at the time the aerial photography was taken and whether or not there is sufficient upland habitat remaining is an open question. There may have been some habitat destruction since then. They are going through the process of trying resolve the issues. Kolter has come forward and offered to place conservation easements. This totals 100 acres plus or minus. Staff has been negotiating as to whether or not the micrositing issue is adequately resolved. This is a very complex issue and they have not at this point questioned the amount of land they originally tallied as being set aside for the micrositing process. Kolter has also advised staff there may be some additional land in the commonly held areas that would qualify because it is owned by the Homeowners Association there may already be some restrictions on this property and they may be able to pick up additional acres. The discussion has also turned to what if they do not find the necessary 490 acres on the site. The revised development order that was adopted and never transmitted does not affect this today did provide the lands that are inside the City of Port St. Lucie to the extent that upland habitat is lost on those lands, there can be off site mitigation. Mr. Nix stated when the Development Order was amended the changes had to be consistent with the adopted Comprehensive Plan that was in effect in 2004. Com. Coward questioned the fact there are areas where there may be habitat that falls within setbacks or non-build able areas which certainly makes sense, the trouble he is having is that some of the areas that are falling into that broader category are actually privately owned land that are build able. A pool can be placed or an addition to the home 2 and to his knowledge there are no deed restrictions on those areas and they may be venturing into a “takings” issue. He asked if staff was supporting that as well as the un- build able setback area. Mr. Nix stated, “ no” he is simply stating they have not investigated or accounted for every one of those acres. There are portions of lots but he does agree they must go through exercise now to clearly account for that probably would need to be done on a lot by lot basis and would need to get buy in by the community. Mr. John Sapo, Senior Vice President, Kolter Communities, addressed the Board on the outstanding issues. He alluded to the two issues brought forth by the Regional Planning Council. The first issue regarding the traffic, he stated a condition currently exists in the Verano Development Order that is the exact condition that they are presently speaking of and this condition can be placed in the settlement agreement regarding the Reserve or put it into a new revised development order on the Reserve. They have agreed with Treasure Coast that they can agree with them on this issue. The Free Play area issue, they have met with Treasure Coast and had found an additional area that they felt had resolved the issue, and then discovered Mr. Busha may disallow one area in the Sablecreek area of the Reserve. They are working with Treasure Coast to find another area they believe they have one designated and need to speak to Mr. Busha and make sure he agrees. Mr. Sapo stated the upland issue has been the most difficult one. He believes there is 490 acres of upland identified on the site. There are 230 acres that they believe is adequately protected and is there, 260 acres that are in question as to the adequacy of the protection. About 100 is land that they can subject to a conservation easement and they have actually drafted the easement language and drafted the legal descriptions and delivered those to the County Attorney and the Growth Management Director. There are 109 acres of golf course land that was identified on the 3 PGA courses on the site plans that were approved by the County as upland but, they are not covered by an agreement, they are covered by the site plan, but not by a conservation easement or other form of protection, i.e. conservation agreement drafts. The PGA is an Audubon Signature Course and they have very stringent environmental requirements. However, they have been working with them and there has been change in the upper management of the PGA and this has caused issues in getting the new management up to speed. They are hoping to meet with them and perhaps members of the county staff sometime next week to try and resolve the Golf Course issues. Mr. Sapo stated he believed they are very close on many of the issues. They are working on resolutions to the issues and if they are not able to between Kolter and the County have an adequate resolution, what they had discussed was going forward to a mediation process. Kolter’s attorney’s had spoken with the County Attorney about mediation language to put in the proposed settlement agreement. He does not believe this has been agreed upon yet, but this was the proposed method of moving forward. Failing a resolution at that level would then find themselves in court or at DCA to try to have some resolution. They hope this would not happen. Mr. Sapo stated the deadline is a deadline they have always talked about. Com. Coward stated they have had this discussion for 1 year and have heard a lot of talk without any tangible results. He is very disappointed on how this issue has proceeded. GENERAL PUBLIC COMMENTS Dr. Mark Edwards, PGA Village Point speaking for Mr. Robert Summers from Sablecreek PGA Village addressed the Board regarding Mr. Summers situation. Their developer was responsible for preserving 490 acres of native upland habitat protected through permanent deed restriction as required by the County’s Comprehensive Plan. He stated Kolter was found to be non-compliant of their development order, and there was no preservation agreement on 109 acres of golf course property. There are no deed 3 restrictions on 27 acres of commercial property. The preservation maps the county created based on documentations supplied by the developer could not stand up to the light of day. The developer is still claiming 167 acres of preserve shown on the County maps located on homeowner property . Mr. Summer purchased his property in 1984 and built his home in 1994. In 2004 a picture was taken of his property by plane the developer then amended the homeowners documents without the representation of the homeowners in an attempt to claim about 80% or 2 acres of Mr. Summers property as preserves. Dr. Edwards presented photographs of the area for the Board’s review. Mr. Edwards requested the County not make any further preservation maps until they have heard from their attorney’s. By their estimate Kolter is 300 acres short of the required habitat. Mr. Bob Simons, 7224 Mystic Way, PGA Village, addressed the Board and stated the development order is the master plan and they ask the county hold to it and require the developer to meet the requirements of the development order. Mr. Tom Sims, Reserve property owner and also Reserve Industrial Park property owner addressed the Board on the Go-team Industrial Park. He felt the park is not permitted to conserve for upland preservation. He does not want his property rights trampled on. He asked the Board look at this before the Dreams Park area is put up for upland preservation or any of the industrial park land is rezoned. Mr. Sapo stated micrositing is a very complicated issue and this is a development order that dates back to the 80’s it discusses micrositing, it discusses preservation on individual lots shall be established by the developers with permanent restrictions set forth by the homeowners association. Not an easy issue and they will continue to work with County staff to resolve the issues the county has and he would commit to the Board that they will work as hard as they can and as long as they can and be more than reasonable and hopefully work it out. Com. Smith asked how the map was developed. Dr. Edwards stated he did not make the map, what he did was he photocopied the map. The map is the upland preserves map it was set forth in 04-081 which has not been transmitted to the DCA it was prepared by county staff in collaboration with information as supplied by the developer. Com. Smith asked Mr. Sapo to verify those comments. Mr. Sapo also advised the Board he is not familiar with the map but was advised that this is a correct representation of what happened. Com. Coward asked Mr. Sapo if he had any documentation with him that verifies there are in fact deed restrictions to preclude development in these areas and hence provide appropriate protection. Mr. Sapo stated he did only had summaries with him but can provide the county staff to the extent that they have not already. Com. Coward stated he had multiple conversations with Mr. Sapo on this specific issue and he is told the answer each time that it will be provided and he still has not seen it. In contrast to this he has met with Dr. Edwards who actually went through reviewing all the deed restrictions or lack there of and provided clear documentation that these do not have permanent restrictions as Mr. Sapo is alluding to. Mr. Sapo stated they believe they exist and he will ask their attorney to immediately get with the County Attorney and provide that information if it has not been provided. Com. Craft stated he is in support of staff recommendation and it has been his position from the beginning that the developer lives up to the development order that was set forth in the past. If they are not able to come to a conclusion with the developer, he would support moving forward with litigation. 4 Com. Hutchinson stated she has sat and requested deadlines and have watched them pass and has asked for something to be brought forward and has yet to receive anything. She will be supporting staff recommendation feeling she does not have a choice. Com. Smith stated he supported staff recommendation. Com. Lewis stated she too supported staff recommendation and stated in February or March they had addressed the issue of compliance and at that point in time they had agreed on a deadline. She believes it’s time for a deadline. Com. Coward asked the County Attorney based on past actions the Board has found on this developer of non-compliance and the recommendation before them today, can the developer bring any development project forward in the Reserve. The County Attorney stated, “no sir” they did take the Island Club but this was with the consent of the Dept. of Community Affairs and the Regional Planning Council and it was special circumstances that solved another problem. Absent those circumstances, the fact the determination stops development in the Reserve. It was moved by Com. Craft, seconded by Com. Smith to approve the recommendations made by staff, and; upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce addressed the Board regarding the Port and the Spur Jetty repair. Mr. Jeff Mitchell, Cameron Drive resident, addressed the Board regarding a motel in the area that is being renovated. He believes this should not be permitted due to the 50% rule and stated the property was non- conforming before the hurricanes and will still be non-conforming when completed. It has been determined by the permitting department that the non-conforming structure can be remain since the project was started prior to the hurricanes. The residents in the area would like copies of the drawings, permits and site plan. His main concerns are parking, septic, garbage pick up, ADA requirements and the setbacks. Com. Craft asked Mr. Mitchell to call his office to schedule a time to meet and discuss this issue. The Asst. County Administrator advised the Board a building official made the determination to allow to rebuild. The appropriate appeal for a building official decision is to file the appeal with the Construction Board of Appeals. It is free. The proper forum is not before this Board but before the Construction Board. Com. Coward asked Com. Craft to facilitate a meeting with Mr. Mitchell, Mr. Wazny and the building inspector and see if they can find the appropriate way to address this concern. Mr. Craig Mundt, North Hutchinson Island, addressed the Board regarding the property on A-1-A and covered the attached material. He advised the Board the Oceanique property was approved and they are disputing a bit of the claim that the 20 acres on the west side has a 9 unit per acre density value, 18 acres of this property was zoned R1-A which became RS-3 in the new numbering system with a density of 3 dwelling units per acre and the land use of residential low density. One acre was zoned R4-A which became HIRD at 9 dwelling units per acre. Even accepting at less than an acre is below mean high water which is what staff is reporting, there are approximately 67.5 units that were available on the west side which is a far cry from the 173 units that the staff in a Resolution is stating is available. 5 Mr. Mundt alluded to the minutes of 5/11/04 meeting stating, “ The County Attorney suggested that adding language in the Resolution that would recognize whether the density is being transferred from and should not be severed from the site plan and that Mosquito Control activities will be permitted on the conservation easement, wetlands and this is also to be placed in the Resolution. He stated according to the County Attorney’s earlier remarks, they believe he is stating that a conservation easement means that no further development will take place. Mr. Mundt stated on page C-2 of the approved site plan, it states that 24.23 of usable common space and they assume this anticipates that at some time the condo association would then have ownership of that land. Com. Coward recommended setting up a meeting to address these issues in a more appropriate forum and not have an unagendad item divert the Board from the agenda. He requested Mr. Mundt contact his office to review this issue. The County Attorney stated they are trying to work on this issue, they have issues with the conservation easements and have met with the developer, they have acknowledged there is a problem with grantor and have agreed to give them a new conservation easement with the proper grantor and are trying to work with the proper language that appeals with this issue. Mr. Mundt advised the Board the property on the west side has been transferred into the developers name and is not longer in the name of Oceanique Development Company and there are 144 units being built on 9 acres which is 15 plus units per acre and this is not in compliance. 4.CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Lewis, to approve the Consent Agenda, with item C-12-I pulled, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 44 and 45. 2.COUNTY ATTORNEY E.Prima Vista Crossing-Road Impact Fee Credits- Partial Assignment to Prudential Life Insurance Company of America- The Board approved an assignment of $64,218.00 of road impact fee credits from Cresent Resources to Prudential Life Insurance Company of America. F.After the Fact Revocable License Agreement- Indrio North Savanna- 5565 Bald Cypress Trail – Fence- The Board denied the request for an After the Fact Revocable License Agreement. G.Aircraft Rescue and Firefighting Vehicle- First Amendment to Interlocal Agreement with St. Lucie County Fire District- The Board approved the proposed First Amendment to the November 16, 2005 Interlocal Agreement with the St. Lucie County Fire District for the Aircraft Rescue and Firefighting Vehicle and authorized the Chairman to sign the amendment. H.Creekside Community Development District- Consent to First Modified Agreement for Exchange of Real Property between Creekside Community Development District and South Florida Water Management District subject to review and approval by the County Attorney as to the final agreement. 6 I.Ordinance No. 06-043- The Board approved advertising Ordinance No. 06-043 amending Ordinance No. 06-006 to correct a scrivener error. 3.AIRPORT A.Request approval for Kimley Horn Work Authorization - The Board approved the Work Authorization for Kimley Horn to provide construction phase services for ARFF building and the access road at the St. Lucie County International Airport for a lump sum amount of $154,065 and authorized the Chair to execute the same. B.Accept 95% grant from the FAA for Airport Layout Plan Update and approve Budget Resolution No. 06-259 for the St. Lucie County International Airport- The Board approved accepting the 95% grant in the amount of $48,450 and approved Budget Resolution No. 06-259 and authorized the Chairman to sign. C.Approve Budget Resolution No. 06-258 for Supplemental Joint Participation Agreement with the FDOT for a Parallel Runway 9L/27R Design/Construction- The Board approve Budget Resolution No. 06- 258. 4.GRANTS A.Grant Application to South Florida Water Management District- The Board approved submittal of a grant application to the SFWMD, St. Lucie River Issues Team for funding of $60,000 to be used to develop and construct a $132,000 education exhibit at the Oxbow Eco-Center and acceptance of the grant if awarded. B.Submittal of an application for Certification – The Board authorized the submittal of an application for Certification of Retained Spring Training Facilities to the Florida Legislature, through the Florida Sports Foundation, requesting funding in monthly payments totaling no more than $7,914,766 (505 of $15,829,533) over a 30 year period. C.Authorize the submittal of a grant application- The Board approved the submittal of a grant application to the Florida Wildflower Foundation in an mount of $2,041 for wildflower plantings at Pepper Park. The Board also authorized the acceptance of the grant if approved for funding. 5.ADMINISTRATION A.Request for Board approval to hire Edlund, Dritenbas and Binkley Architects to prepare bid documents for improving disabled accessibility at Tradition Field at a cost of $16,900.- Request for approval of budget amendment- The Board approved the contract with Edlund, Dritenbas and Binkley Architects and approved the budget amendment. B.Downtown Parking Garage- The Board authorized staff to enter into discussion with the City of Ft. Pierce regarding their request to transfer the downtown parking garage to the city. C.Accepting funding for Special Needs Shelter in the amount of $1,800,000 and a Regional Emergency Operations Center in the amount of $6,000,000 in St. Lucie county Under Specific Appropriation 1589A, General Appropriations Act- The Board accepted the award offer for the Special Needs Shelter in the amount 7 of $1,800,000 and the Regional Emergency Operations Center in the amount of $6,000,000 to St. Lucie County under Specific Appropriation 1589A and authorized the County Administrator to send letters of acceptance. D.Reappointment of D. Richard Claassen, Ph.D to a two year term on the Treasure Coast Health Council- The Board ratified the re- appointment for the 2006-2008 term. E.Re-appointment of Kathleen McGinn- to a one year term on the TC Research and Education Authority retroactive to January 22, 2006- The Board ratified the re-appointment. F.Waiver of Fees for the Ft. Pierce Community Center- The Board approved waiving the fees for the use of the Ft. Pierce Community Center by the Florida Department of Law Enforcement for August 29, 2006. G.Petition of Incom Properties, Inc., for a Developer’s Agreement (DVA 06-001) intended to fund improvements along Kings Highway- The Board approved continuing the first of two required public hearings until September 19, 2006. 6.PUBLIC SAFETY Resolution No. 06-247- approving the donation in the amount of $900.00 from the sale of two auctioned horses that were seized by Animal Control- The Board approved Resolution No. 06-247 . 7.GUARDIAN AD LITEM Guardian Ad Litem requests approval of Budget Amendment No. 06-167 and Equipment Request No. 06-299 authorizing the use of Court Related Technology Funds to purchase Equipment and accessories- The Board approved Budget Amendment No. 06-167 and Equipment Request No. 06-299 to purchase 25 laptop computers, wireless connection, and licenses from FY 2006 approved Court Related Technology funds in the amount of $61,680. These laptops will be utilized in the field and courtrooms by staff to ensure an expedited turnaround in documentation regarding the children represented by the program. 8.COMMUNITY SERVICES A.Submittal of grant application to Florida Department of Community Affairs Disaster Recovery Initiative- The Board authorized the Chairman to sign the grant application to submit a $1,332,433 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal and sub recipient agreements with the Cities of Ft. Pierce and Port St. Lucie to receive this funding; and authorize the Chair to sign any necessary documents if successful. B.Approval of submission to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 06-260- The Board approved the submission of the proposed application and Agreement with the Florida Department of Community Affairs for FY 2006-07 Community Services Block Grant and approved Resolution No. 06- 260, authorized acceptance of the award and the Chairman signing all documents necessary to execute the application and accept the grant, 8 9.PURCHASING A.Correction to Award Bid No. 06-089- Concourse Rooftop A/C Unit Replacement- The Board awarded Bid No. 06-089 to the low bidder, Wind Chill Mechanical, for the corrected amount of $160,450.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. B.First Amendment to Contract C04-06-334 with James C. Nicholas, PhD- The Board approved the First Amendment to Contract C04-09- 334 with James C. Nicholas, which extends the contract until December 21, 2007 to conduct a study relating to the update, revisions and additions to the County’s development of impact fees, and granted permission for the Chairman to sign the Amendment as prepared by the County Attorney. C.Approval to contract with Schenkel Shultz Architecture, Inc., for the design of the Emergency Operations Center- The Board approved the agreement/contract per contract No. C05-05-270 with Schenkel Shultz Architecture, Inc., in the amount of $746,300.00 for the design of the Special Needs Shelter/Auditorium, granted permission to advertise for Bid and authorized the Chairman to sign the agreement/contract as prepared by the County Attorney. D.First Extensions to Contract C03-10-636 with Kimley Horn and Associates, Inc., and to Contract C03-10-646 with PBSJ for Airport General Consultant Services- The Board approved the first extension to Contract C03-10-636 with Kimley Horn and Associates, and Contract C03-10-646 with PBSJ extending the terms for one year until October 13, 2007 and granted permission for the Chairman to sign the Extensions as prepared by the County Attorney. 10.GROWTH MANAGEMENT A.Bid Waiver and sole source declaration for the purchase of FIAM from Fishkind & Associates for the Planning Division. The Board approved and executed the proposal for a total cost of $38,500 to include 2.11(A), 2.1(B), 2.2 and 2.3 scopes of services outlines. B.Research and Education Park request for Surveying and Environment Sciences expenses in the amount of $86,226.00- The Board approved funding for the total amount of $52,850.00 to Culpepper & Terpening Inc., and $33,376.00 to R.L. Weight Environmental Consultants and granted permission for the Chairman to sign the Contracts and/or Work Authorizations as prepared by the County Attorney. 11.CENTRAL SERVICES A.Final Payment & Release of Retainage: Sunrise Systems of Brevard, Inc.,/No. C06-02-144, Rock Road EIFS Removal on B-4 Dorm and Medical Bldg., - The Board approved final payment of $87,857.55 and release of retainage in the amount of $18,157.52 to Sunrise Systems of Brevard for the Rock Road EIFS removal on B-4 & Medical Bldg. B.Change Order No. 5 to Contract No. C05-12-636, David Brooks Enterprises, Construction of New Clerk of Courts Building- The Board approved Change Order No, 5 to Contract No. C05-12-636 with David Brooks Enterprises to extend the contract time forty-nine days changing the date of substantial completion to October 6, 2007. The Board further approved the changes in the contract and applied the credit of $101,341.00 toward the project contingency allowance and 9 authorized the Chairman to sign the Change Order as prepared by the County Attorney. 12.PUBLIC WORKS A.Engineering Division – Capron Trails Mine- The Board approved a public hearing date of September 16, 2006 at 6:00 p.m. or soon thereafter to consider the request of the Capron Trail Mine to add an additional pit to be called Tract 4. B.Engineering Division- The Board approved Change Order No. 2- and Final in the amount of ($3,067,316.03) ; accepted the project; released retainage in the amount of $490,164.40 and make Final Payment in the amount of $42,204.37 to Ranger Construction Industries, Inc.. for the S. Indian River Drive Emergency Reconstruction as a result of damage sustained from Hurricane Frances. C.Engineering Division - The Board approved a reduction in the retainage by $197,915.12 for Ranger Construction Industries, for the Indian River Drive Middle Project. D.Engineering Division- The Board authorized advertising for proposals from qualified firms to provide Utility Design Services under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. E.Engineering Division- The Board approved and authorized the Chairman to: accept the project; release the retainage in the amount of $36,004.27 and make final payment to the contractor Johnson –Davis Inc., in the amount of $36,004.27 for the Carlton-Adams Road Culvert Crossing Over Canal C-59 Culvert Replacement project. F.Approve Change Order No. 4- The Board approved and authorized the Chairman to sign Change Order No. 4 for a time extension till the th 20 of October , 2006 and reduce the retainage amount by 5% fro $508,409.68 to $254,204.84 for the Midway Road and Glades Cut off Road Intersection improvement project, Contract C03-06-451, constructed by Community Asphalt Corp. G.Request Approval of First Amendment to Work Authorization No. 1- The Board approved the Chairman signing the First Amendment to Work Authorization No. 1 for a time extension to November 30, 2006 for Construction management Services with American Consulting Engineers of Florida, LLC for Midway Road and Glades Cutoff Road Intersection Improvements; South Jenkins Road extension and coordination for the installation of waterline on Glades Cutoff Road projects. H.First Amendment to Work Authorization No. 18- The Board approved the Chairman signing the First Amendment to Work Authorization No. 18 for a time extension to September 30, 2006 for Soil Testing Services with Dunkelberger Engineering & Testing, Inc., for the South Jenkins Road Extension project. I.Engineering Division Amendment No. 1 to Emergency JPA NAX-76 This item was pulled. J.Engineering Division- Amendment No. 1 to Emergency JPA ANX –51 with FDOT- The Board approved Amendment No. 1 to Emergency 10 JPA ANX-51 with FDOT for redistribution and decreasing funding and signature by the Chairman. 13.CULTURAL AFFAIRS A.Admission to the St. Lucie County Marine Center for August 27, 2006- September 2, 2006- The Board approved free admission to the SLC Marine Center August 27, 2006 thru September 2, 2006 for the Marine Center ‘s Five Year Anniversary and also authorized to serve beer and wine at the August 30, 2005 Five Year Anniversary. B.Approve the reclassification- The Board approved the reclassification of the Cultural Affairs Department Senior Staff Assistant to Executive Assistant. 14.UTILITIES A.Change Order No. 3 with Danella Co.- The Board approved Change Order No. 3 with Danella Companies Inc., for the construction services related to the Midway Road Water Main Extension project for an increase in the contract amount of $68,342.82 and an extension of 135 days to the contract. B.Utility Cash Drawer- The Board approved an additional Utility Cash Drawer with a Cash Fund of $100 . 15.MANAGEMENT AND BUDGET Tentative Plan for use of $43 million in bond proceeds for specified road projects.- The Board approved the proposed plan to fund the projects listed from bond proceeds REGULAR AGENDA 5.A GROWTH MANAGEMENT (1:26:05) A petition of Grace Baptist Church for a change in zoning from AR-1 to RF zoning thth district for property located at 4695 S. 25 St., on the west side of S. 25 St., Draft - Consider staff recommendation to approve Draft Resolution No. 06-224 . Mr. Eric Grimsley and Mr. Al Jackson representing the Church were present to answer any questions. Mr. Grimsley advised the Board of a previous question asked regarding the property in between the Church. He stated they concluded if they come to a sale agreement with the owner of the property they will hopefully come before the Board and bring it in as incorporated. If he does not sell, they plan to give him the right of way on the southwest head north and at the bottom to the east this would relieve him of any congestion. th Mr. John Ferrick, 25 St. resident addressed the Board and read his statement (attached). He asked if the property would one day include a school. He advised the Board he was not in favor of the rezoning. Mr. Grimsely stated this was not in the plan at the present time. The County Engineer stated Mr. Ferrick shared his comments at a previous meeting. This roadway that once belonged to the county has been turned over to the FDOT for widening and until such time as the project is complete it will remain in their hands and we have to follow their guidelines. The access management or the median openings have been determined and we must stay with the access management on the approved plans. 11 Mr. Richard Green property owner addressed the Board and stated he did not wish to have his right of way changed to be at the west end of his property he needs it to be at the north end. The west end would place him coming in behind the house. Mr. Green stated he does not support the rezoning of the property. He advised the Board he was on vacation at the time of the first public hearing. Mr. Grimsley advised the Board they do not have an issue with letting him out closer in. Com. Coward asked Mr. Green if through the site planning process they are able to push the church facility up to the northeast quadrant and provide him with a substantial buffer if it would satisfy his concerns. Mr. Green stated, it does and it would not bother him. Mr. Grimsley and Mr. Jackson stated they would work with the county to achieve that goal. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-224, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (1:45:16) Resolution No. 06-225 – Consider staff recommendation to approve Draft Resolution No. 06-225 granting S & H Business Inc., a change in zoning from the AR-1 Zoning District to RS-2 Zoning District. Mr. Les Crawford, representing the property owner, addressed the Board on this issue. Mr. Crawford stated they are requesting approval based on the compatibility with the project directly across the street and the projects that will come west of that in the future. Com. Craft questioned if Silver Oaks was the development that had agreed to place an equestrian path in the area. The Planning Manager requested the opportunity to check into that question because he is not sure they required the equestrian path if the road was to go to the south. The question path may have been tied to the northern alignment and he is not positive about it. Mr. Wally Zaeida, Tilton Road resident, addressed the Board on the request and stated he would like for the area to remain at 1 ¼ acre per unit. If the applicant would like to develop at 1 unit per acre he does not have a problem. Mr. Scott Armstrong, Gullotti Place resident, read a letter submitted by David Erfft, who was not able to attend tonight’s meeting. The letter stated they would agree with making 1.25 acre parcels which would agree with their existing uses. Mr. Armstrong stated he did not want the zoning changed and is concerned with the traffic issue especially with the horseback riding in the area. Mr. Arthur Ingleman, Gullotti Place resident, addressed the Board and stated he did not agree with the re-zoning and does not even want it at 1¼ acre parcels. He is requesting it stay as it is and felt we need more jobs in the area not more homes. Ms. Donna Gillette, 7750 Gullotti Place, addressed the Board and advised the Board there area stables directly across the street from the property that is in question. She stated to place that many homes would be incompatible with the rest of the neighborhood and cause too much traffic. th Mr. John Ferrick, 25 St. resident, addressed the Board and questioned if the MSBU was still an on-going project. 12 The County Engineer advised the Board the Lennard Road project is alive and well and acknowledge receipt of the Army Corps permit. Public Works staff is preparing to go out for bid for the entire project and hope to have it on the street in the upcoming months and start construction just after the New Year. The County Attorney stated this project would be developer funded through special assessment. The County Engineer stated the developers will be paying the full assessment. Mr. Ben Permoy 1820 Tilton Road, addressed the Board and stated he believed this was not a good idea. He felt it was not fitting for the area and expressed concern on what will happen to the Savannas. Mr. Dave Dentia, area resident, addressed the Board regarding the amount of empty homes in Port St. Lucie at this time and this would only add to it. Ms. Marie DiAngelis- area resident, addressed the Board and stated the change in zoning is not compatible with the amount of homes. She does not agree with change in zoning. Mr. Crawford representing the applicant addressed the public’s concerns. He stated they are aware of the equestrian use of the roads. This project is on the corner and riding takes place north and west of the proposed project. He stated when the project is laid out they will try to lay it out in a way that it minimizes the egress and ingress from the individual property owners. Com. Craft asked if the applicant would be opposed to bring in a site plan concurrently with the zoning change and they would not act on this tonight and this would give the Board and the residents a more comfort level as to how this would fit into the community as far as compatibility. Mr. Crawford stated they would not be opposed at all. Com. Craft suggested the applicant and the neighbors work together creating a trail system where they would no longer be utilizing the road to ride the horses. Mr. Crawford stated his client would not be opposed to putting in a trail on the back perimeter of the property. Com. Coward stated he had mixed feelings on this issue. There is the potential of higher density in this area. But the character of the area is largely rural, large lots and the entire quadrant north of Tilton and east of Silver Oak basically did not have a spot zoning like in other areas. Com. Lewis stated she is having difficulty at looking at what is on the ground versus what is permitted there and looking at the map it looks as if it may be a good transitional piece to protect some of the larger uses to the west and asked, “do we look at what is going to be there or what is actually there and this is what is making it difficult”. If it goes to RM 5 across the street keeping that one acre is not going to do anyone much good. It was moved by Com. Craft, seconded by Smith, the applicant return with a site plan and show the Board how he could make this project compatible if he can, The County Attorney stated what they have before them tonight is a re-zoning and they are not allowed to approve a PUD tonight. If the Board is suggesting to do so, they need to deny this petition and the applicant can consider filing a PUD at a later date. Com. Coward stated he believed it was not appropriate at this time and this is premature. It is possible 5 or 10 years down the road that it may be appropriate, however at this time he has mixed feelings. It does change the character of the community. 13 Com. Smith stated he had the opposite opinion and was in favor of the application. In particular, when you look at the idea some lots being 1 ¼ and the idea of the idea of lots being ½ acre you aren’t talking downtown Ft. Pierce, you’re talking ½ acre lot, you’re talking about something that is not urban something that is still rural. If you take Tilton Road to the left you see Publix, and other uses in the community. Right across the street someone can walk in and say “you said you were giving me 5 units per acre so give them to me”. Com. Lewis stated she was still struggling the idea that across the street it is zoned 5 units per acre and sees the one acre lots buffering this other zoning across the street. Com. Hutchinson concurred with Com. Coward and felt it was before it’s time considering the character of the neighborhood. Com. Craft stated he is not prepared to give straight zoning on this property. He is not certain the compatibility can be met and this is why he suggested giving the applicant the opportunity to prove that it can be met before he votes on it. Com. Lewis stated she felt she was leaning more towards the prematurity at this time and the fact that it’s on the edge is bothering her and stated she felt the zoning was premature at this time. At this time the applicant requested to withdraw his application and come back later with a plan for the Board to consider. It was moved by Com. Lewis, seconded by Com. Smith to accept the withdrawl of the application, and; upon roll call, the vote was as follows: Aye’s: Lewis, Smith; Nay’s: Craft, Hutchinson, Coward, motion denied by a vote of 3 to 2. It was moved by Com. Craft, seconded by Com. Hutchinson, to deny the application for a re-zoning for the reasons stated, and; upon roll call, the vote was as follows; Aye’s: Lewis, Craft, Hutchinson, Coward; Nay’s: Smith, motion to deny carried by a vote of 4 to 1. QUASI-JUDICIAL The Board members disclosed contact with the petitioner and the receipt of e-mails. 5.C COUNTY ATTORNEY Petitions for Boundary/Name Changes- Westchester Community District Nos. 1-6- Consider staff recommendation to adopt Ordinance Nos. 06-033,06-034,06-035,06- 036,06-037, and 06-038. 1.Ordinance No. 06-033- It was moved by Com. Hutchinson, seconded by Com. Smith, to approve Ordinance No. 06-033, and; upon roll call, motion carried unanimously. 2.Ordinance No. 06-034- It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 06-034, and; upon roll call, motion carried unanimously. 3.Ordinance No. 06-035- It was moved by Com. Lewis, seconded by Com. Smith, to approve Ordinance No. 06-035, and; upon roll call, motion carried unanimously. 4.Ordinance No. 06-036- It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Ordinance No. 06-036, and; upon roll call, motion carried unanimously. 14 5.Ordinance No. 06-037- It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Ordinance No. 06-037, and; upon roll call, motion carried unanimously. 6.Ordinance No. 06-038- It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Ordinance No. 06-038, and; upon roll call, motion carried unanimously. 5.D PUBLIC WORKS Engineering Department- Navajo Avenue South MSBU- Second Public Hearing Potable Water Improvements FPUA- Consider staff recommendation to adopt Resolution No. 06-218 to levy a non-ad valorem special assessment on the Navajo Avenue South Municipal Services Benefit Unit; approve the attached preliminary assessment roll; and authorize staff to proceed with construction of the project. Mr. Arnold Spells, Navajo Avenue resident addressed the Board in favor of the project. It was moved by Com. Craft, seconded by Com. Hutchinson to approve staff recommendation and approve Resolution No. 06-218, and; upon roll call, motion carried unanimously. 5.E PUBLIC WORKS (2:59:55) Solid Waste Final Assessment Resolution No. 06-253- Consider staff recommendation to adopt Resolution No. 06-253 to approve the Solid Waste Final Assessment Resolution. It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 06- 253, and; upon roll call, the vote was as follows: Aye’s: Craft, Lewis, Coward, Smith ; Nay’s: Hutchinson( voted against assessment previously) , motion carried by a vote of 4 to 1. 5.F GROWTH MANAGEMENT ( 3:04:03) Petition of Apostle Faith Church of Deliverance, Inc. for a change in zoning from the RS- 4 to RF zoning district – Consider staff recommendation to approve Draft Resolution No. 06-222 for change in zoning from the RS-4 to the RF zoning district. Mr. Derek Moore, addressed the Board in support of the re-zoning. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No. 06-222, and; upon roll call, motion carried unanimously. 5.G. GROWTH MANAGEMENT (3:07:21) Petition of Incom Properties for approval of a Developers Agreement (DVA 06-001) intended to fund improvements along Kings Highway- Consider staff recommendation to continue the first of two required public hearings until September 19, 2006. It was moved by Com. Hutchinson, seconded by Com. Craft, to continue this hearing until September 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 6. COUNTY ATTONREY (3:08:53) County Canvassing Board- Appointment of Alternate Members- Consider staff recommendation to appoint a substitute member to serve on the County Canvassing Board. It was moved by Com. Hutchinson, seconded by Com. Lewis, to appoint Com. Smith and Com. Craft as the alternate, and; upon roll call, motion carried unanimously. 15 7.AIRPORT (3:10:21) Request approval of Resolution No. 06-242 authorizing the Vehicle Permit Program for vehicles operating on the runways and taxiways at the St. Lucie County International Airport- Consider staff recommendation to approve Resolution 06-242, establishing a vehicle permit program for vehicles operating on the taxiways and runways at the St. Lucie County International Airport. Mr. James Prince, Airport tenant addressed the Board in opposition to the $5 million dollar insurance requirement. It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 06- 242, and; upon roll call, motion carried unanimously. There being no further business to be brought to the Board, the meeting was adjourned. ____________________________ Chairman _______________________________ Clerk of Circuit Court 16