Loading...
HomeMy WebLinkAboutBOCC Minutes 10-03-2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 3, 2006 Convened: 6:00 p.m. Adjourned: 10:05 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: 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, Vanessa Bassey, Environmental Resources Director, Hank Flores, Planning Manager, JoAnne Riley, Property Acquisitions Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held September 19, 2006 and September 26, 2006, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS None 3.GENERAL PUBLIC COMMENTS Mr. Richard Allison, 919 Jackson Way, addressed the Board and gave his thanks for the prompt attention given in removing signs from his area. Ms. Pamela Hammer, Reserve resident addressed the Board regarding item C-8 and asked the Board not to schedule the public hearings during the holidays. Mr. Harold Phillips, Port St. Lucie resident, addressed the Board regarding the legal advertisement of the public hearing. He stated the notice of public meeting did not give a time or location for the meeting. Mr. John Arena, Ft. Pierce, addressed the Board regarding the barges anchoring in the turning basin longer than anticipated. He also addressed the Geo Plasma facility and what would be done with the waste. Mr. Jeff Furst, Property Appraiser, addressed the Board regarding prior comments made by Mr. Charles Grande regarding the hurricane relief and property taxes. 4.CONSENT AGENDA (0:25:12) It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda with item C-8 being pulled, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 52. 2.COUNTY ATTORNEY A.Donation- SFWMD- Surplus Parcels in Paradise Park Subdivision- The Board approved accepting the Quitclaim Deed, authorized the 1 Chairman to sign Resolution No. 06-292 and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. B.Contract for Sale and Purchase- Paradise Park Stormwater Improvement- Sybil McCatty and Franklyn Rowe- The Board approved the Contract for Sale and Purchase from Ms. McCatty and Mr. Rowe for the purchase price of $35,000 and authorized the Chairman to sign the contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. C.Donation of Right of Way- Strawberry Fields- 10 feet on Tumblin King Road- Resolution No. 06-317- The Board approved accepting the Warrant Deed, authorized the Chairman to sign Resolution 06-317 and directed staff to record the document sin the Public Records of St. Lucie county, Florida. D.Revocable License Agreement- Mr. Clifton Perry- Clear and maintain a portion of Alvardo Avenue- The Board approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and directed staff to record the document in the Public Records of St. Lucie County. 3.MANAGEMENT AND BUDGET A.Request approval of advance- The Board approved the Tax Collector’s request for an advance in the amount of $275,000. B.Request for approval of FY 07 Budget disbursement to the Supervisor of Elections- The Board approved the request of the Supervisor of Elections for 25% ($720,688.25) of the total FY 07 budget and thereafter, 6.82% per month. 4.CENTRAL SERVICES Emergency Bid Waiver for the removal, repair and replacement of existing granite façade panels on the exterior of the downtown Courthouse Annex Building- The Board approved the Emergency Waiver for the removal, repair and replacement of existing granite façade panels on the exterior of the downtown Courthouse Annex building at a cost not to exceed $303,857.00 the Board approved Budget Amendment No. BA 07-001 in the amount of $310,000 for Courthouse façade repair and engineering costs associated with this work, and authorized the Chairman to sign the contract as prepared by the County Attorney. 5.ENVIRONMENTAL RESOURCES Agreement with RTP Environmental Associates, Inc.- The Board approved the agreement with RTP Environmental Associates, Inc., in an amount not to exceed $12,150. to provide Air Quality Specialist Services to review documents pertaining to a Plasma Arc Facility in St. Lucie County and to authorize the Chairman to sign the agreement as prepared by the County Attorney’s office. 6.COMMUNITY SERVICES A.Outside Agency Grant Contracts FY 2006-07- The Board approved the grant agreements and authorized the Chairman to sign the agreements. B.Release of retainage with Angus Enterprises- The Board approved the release of retainage for Contract No. C 06-05-283 with Angus Enterprises and authorized the Chairman to sign necessary documents. 2 7.PURCHASING A.Reject RFP No. 06-092- Engineering Services- The Board rejected RFP No. 06-092 for Geotechnical Engineering and Construction Materials testing due to the release of an addendum that clarified evaluation criteria and should have included extending the RFP due date but did not. The Board authorized re-advertising the RFP. th B.Award of Bid No. 06-111 Courier Services for the 19 District Court System- The Board approved awarding Bid No. 06-111 to the low bidder, Interstate Express, Inc., for the amount of $19,976.50 yearly and authorized the Chairman to sign the contract as prepared by the County Attorney. 8.GROWTH MANAGEMENT Request for two Public Hearings by the St. Lucie Board of County Commissioners on the Development of Regional Impact known as Visions at Indrio as required by Florida Statute 280.06. THIS ITEM WAS PULLED. 9.PUBLIC WORKS A.Change Order No. 1 in the amount of $4,354.00 - The Board approved and authorized the Chair to sign Change Order No. 1 in the amount of $4,354 for a total contract price of $405,529.60 to Sunshine Land Design, Inc., for the upgrade to the irrigation pumping system at the Entrada Avenue and Rio Mar Drive Landscaping project. B.Rejection of RFP No. 06-133- Continuing Services Contract for Utility Design Services for MSBU Projects- The Board approved rejecting RFP No.06-133 due to issues relating to Florida Statute 287.055 and granted permission to re-advertise the RFP. C.Request approval of Change Order No. 2 for the Prima Vista Blvd.. Baffle Box project- The Board approved and authorized the Chairman signing Change Order No. 2 for the Prima Vista Blvd., Baffle Box project for an extension of the contract time to November 30, 2006. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:25:33) Petition for Abandonment- Public Hearing Continued from September 19, 2006 – Consider staff recommendation to deny the abandonment of Alvardo Avenue, authorize the Chairman to execute Resolution No. 06-269 and record the Resolution in the Public Records of St. Lucie County. Mr. Steve Tierney, Attorney for the petitioner, addressed the Board on this issue and stated this roadway has never been improved in 80 years since it’s dedication. The county has never maintained this road and felt it was not legal to own property without maintaining it. Mr. Clifton Perry, North Carolina resident, petitioner, addressed the Board and stated he did not have a problem with the county not providing improvements, however, he is not happy about providing improvements for public use. He does not see why he should have to pay to improve a public right of way. Mr. Tierney stated the applicant would like to build a home on the property. He stated the county has accepted the dedication and should maintain it. 3 The County Attorney stated that typically on a plat dedication the fee simple ownership is not conveyed that the public simply has an easement to use the property for right of way purposes or what ever the dedication allows. The way it is worked in St. Lucie County, is even though the plat may be dedicated we do not normally accept the road into the maintenance system of the county unless the road is built to county standards. It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (0:45:49) Ordinance No. 06-044- Amending Ordinance No. 87-57 - Consider staff recommendation to adopt Ordinance No. 06-044 as drafted. The County Attorney advised the Board of the following changes: 1)add the word “excluding” after the weight limit of 6,000 lbs. 2)strike the word “Way” after Coral and placed Street It was moved by Com. Smith, seconded by Com. Craft, to adopt draft Ordinance No. 06- 044 to include the changes as stated by the County Attorney, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (0:46:43) Petition of Paul Broome for a 12 month extension of the approved Final Development Site plan known as Entrada, Draft Resolution No. 06-238- Consider staff recommendation to approve Resolution No. 06-238 which would grant a 12 month extension to the approve project. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-238, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (0:48:18) Consider the Petition of Arthur Schoen to define a Class “A” Mobile Home as a detached single-family dwelling unit to be placed on land located on the southeast corner of the intersection of Eden Road and DeLeon Avenue in Lakewood Park Subdivision. Com. Craft questioned if staff normally provides information to any applicant who seeks this type of an approval that there may be deed restrictions in the area and that this may not be the final step in the process. Staff advised the Board they contacted the applicant after this was brought to their attention and the applicant decided to continue to move forward with the application. Com. Craft requested a form be designed to have the applicants sign stating they are aware that there may be deed restrictions in the community and there are other steps to be taken. The County Attorney stated this could be done in a generic way , a general notification that there may be other restrictions that apply. Com. Coward requested a review of the surrounding area zonings. Com. Craft stated he understood they do not have the ability to deny this petition . The County Attorney stated the mobile home association is powerful group and have had legislation on both the federal and state level. He is not saying the Board cannot approve it, the Board is restricted in what they can look at. The Board can look at the roofing , siding and texture to make sure it fits in with the single family neighborhood and the surrounding neighborhood. But they cannot deny it simply because it is a mobile home 4 in a residential community, this is not a sufficient reason. If it has a HUD Certification it meets the federal criteria. The federal government basically pre-empted the ability of local governments to regulate in this particular area. Mr. Arthur Schoen addressed the Board and asked for clarification as to the other actions. He asked if the Board approved this, could he move the home onto the property. The County Attorney advised Mr. Schoen that should the Board approve the petition as recommended by staff, from a county perspective he would be in a position to move the mobile home on the property, he would need to have it inspected, he would not need to come back to the Board since he received the approval needed. However, regarding the deed restrictions in the community, it is a private deed restriction the County cannot be involved in, possibly he could be faced with a challenge from a homeowner or a homeowners association based on that restriction. Com. Craft suggested that if this petition is approved today that Mr. Schoen go before the Lakewood Park Property Owners Association to save himself a headache. There are covenants that do not allow it whether this is legal or not, this is something the Board cannot decide. Mr. Earl McBride, an associate of Mr. Schoen addressed the Board and stated when Mr. Schoen purchased the property he was not made aware of deed restrictions they would not have purchased the property otherwise. Com. Coward advised Mr. McBride that it is up to the purchaser of the property to investigate any restrictions. The County Attorney stated normally a purchaser of property examines the title to the property before purchase. Mr. Kevin Seaward, member Board of Directors for Lakewood Park Homeowners Association addressed the Board and advised them they have a ban against mobile homes in their community. The problem is that this property is adjacent to an existing mobile home park. Mr. Seaward stated he does not see them accepting this mobile home in their area, it would cause too much of a problem for the homeowners. Ms. Carri (unintelligible last name) Lakewood Park resident, addressed the Board in opposition to the mobile home which she felt looks like a trailer. She felt it would be detrimental to the area. Ms. Jan Shinn, Lakewood Park resident, addressed the Board in opposition and stated the deed restrictions were in force when she purchased her home. Ms. Christina (unintelligible last name) Lakewood Park resident, addressed the Board and stated she purchased her home because there were deed restrictions and in the covenants it stated no mobile homes permitted. Mr. Tom Christopher, Lot 12 owner, addressed the Board in opposition and stated a mobile home is visionably objectable. Mr. John Alexander, resident, Lakewood Park, advised the Board the entire area states “deed restricted area”. Mr. Kevin Seaward advised the Board there are 10 names on the resident list that are not in the Lakewood Park area. Mr. McBride stated it was not a trailer, it was a 3 bedroom, 2 bath house. It looks like a regular home and looks better than some homes in the area. 5 Com. Craft alluded to a Class “A” Mobile Home previously approved on Lakeland Boulevard. It was his understanding that because it had a HUD sticker this Board did not have a choice but to approve that application because of the same criteria that had been laid out earlier. The County Attorney stated if it met certain standards then these are the only standards that the Board can review at this time roof tip, siding , texture, if it meets that criteria and it is compatible, then the Board must approve. Com. Craft asked if they denied this application which is more compatible than the one on Lakeland and did not deny the other, would the homeowners association have grounds for suit against St. Lucie County. The County Attorney stated he did not believe the homeowners association had grounds for suit. The Board needs to review these issues on a case by case basis. If this one is voted down, the applicant may be able to challenge the decision. Com . Lewis stated she cannot look at the covenants. She is forced to look at the situation to see if this home meets our criteria as per our code and if it does, then there are legal actions that can be taken against the Board if they do not follow the code. Com. Coward stated it has been his past experience as a County Commissioner that the Board has denied Class “A” Mobile Homes applications, particularly when there has been insufficient evidence to show that is infact compatible with the surrounding area. Com. Coward stated he believes that this is not compatible with the surrounding area and he will not be supporting this tonight. Com. Craft asked Com. Coward to point out how specifically this does not fit into the neighborhood. Com. Coward stated it was up to the applicant to prove to him that it fits in and based on the limited information provided he does not believe it is does. Com. Lewis asked Com. Coward to relate why he felt it was incompatible as this was a requirement. Com. Coward stated he had, he believes they have not shown the evidence that it is compatible based on limited information. QUASI JUDICIAL: Com. Smith advised the Board he had not been in touch with anyone but had received a copy of the covenants. Com. Craft stated he had contact with Mr. Presutti, President of Lakewood Park Property Owners Association. Com. Coward has not had contact but has received various e-mails. Com. Hutchinson has not had any discussion on the issue . It was moved by Com. Hutchinson, to deny staff recommendation based on the fact she too felt there was insufficient compatibility shown and also in the past they have used incompatibility to deny and these are what she feels are very conditional neighborhoods At this time the Chairman passed the gavel to the Vice Chairman and seconded the motion, and; upon roll call, the vote was as follows: Nay’s: Lewis, Smith, Craft, Aye’s: Coward, Hutchinson, motion denied by a vote of 3 to2. 6 The Chairman at this time assumed his position and the gavel was returned by the Vice Chairman. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Aye’s: Smith, Lewis, Craft, Nay’s: Hutchinson, Coward, motion to approve carried by a vote of 3 to 2. 5.E GROWTH MANAGEMENT (1:43:49) Petition of Ft. Pierce Air Center for a Major Adjustment to the Existing Conditional Use for the St. Lucie County International Airport and Major Site Plan approval for he project known as St. Pierce Air Center- Draft Resolution No. 06-234- Consider staff recommendation to approve Resolution No. 06-234. Mr. Adam Houck, Ft. Pierce Air Center addressed the Board and gave the history of his lease. Com. Coward questioned the below market rate of the lease and if the lease could be re- negotiated. The County Attorney advised the Board they do not have the ability to re-negotiate the lease without the tenant’s consent. Com. Coward directed staff to raise any future leases to meet the market rate. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 06-234, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Reserve DRI- Public Hearing- Consider staff recommendation to adopt Resolution No. 06-316 and authorize the Chairman to sign the Resolution. Staff also recommends that the Board direct the Growth Management Director to render Resolution No. 06-316 and Resolution No.04-081 to the Department of Community Affairs with copies to the Treasure Coast Regional Planning Council Due to an advertising error this public hearing was re-scheduled for October 24, 2006 at 6:00 p.m. Residents of the Reserve presented their comments. The Attorney for the developer was present . 5.G GROWTH MANAGEMENT Consider Draft Developer’s Agreement DVA 06-001 approving a Developers Agreement between Incom Properties and St. Lucie County- Consider staff recommendation to approve the Developer Agreement. Staff advised the Board a continuance on this issue has been requested for October 10, 2006. It was moved by com. Craft, seconded by Com. Smith, to continue this hearing on October 10, 2006, and; upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT Petition of Incom Properties Inc. for Major Site Plan approval for the project to be known as Regions Center Subdivision - Consider staff recommendation to approve Draft Resolution No. 06-169 granting Major Site Plan approval for the project to be known as Regions Center subject to 6 limiting conditions. This recommendation for approval is contingent on the Board’s approval of the Developer’s Agreement earlier in the meeting. 7 It was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this item on October 10, 2006, and; upon roll call, motion carried unanimously. 7. GROWTH MANAGEMENT Petition of Incom Properties, Inc. for Major Site Plan approval for the project to be known as King Leal Industrial Subdivision- Draft Resolution No. 06-168- Consider staff recommendation to approve Draft Resolution No. 06-168 granting Major Site Plan approval for the project known as King Leal Industrial Subdivision subject to 4 limiting conditions. This recommendation for approval is contingent on the Board’s approval of the Developer’s Agreement earlier in the meeting. It was moved by Com. Craft, seconded by Com. Lewis, to continue this item on October 10, 2006, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT Petition of Wexler Development LLC for Major Site Plan approval for the project to be known as Cortez Road Multi-Family – Draft Resolution No. 06-236- Consider staff recommendation to approve Draft Resolution No. 06-236 granting Major Site Plan approval for the project to be known as Cortez Road Multi-Family subject to 10 limiting conditions. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 06- 236,(with condition # 8 as worded to achieve the buffering) and; upon roll call, motion carried unanimously. 9. PURCHASING Items A and B were pulled prior to the meeting and will be re-agendad. BOARD COMMENTS Com. Hutchinson commented on the advertising errors made. There being no further business to be brought to the Board, the meeting was adjourned. ________________________ Chairman ________________________ Clerk of Circuit Court 8