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HomeMy WebLinkAboutBOCC Minutes 03-20-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 20, 2007 Convened: 3:00 p.m.
Adjourned: 10:00 p.m.
Commissioners Present: Chairman Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services
Director, Robert Nix, Growth Management Director, Don West, County Engineer, Debra
Brisson, Parks and Recreation Director, Lauri Case, Utilities Director , Neil Appel,
Purchasing Director, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy
Clerk
1.MINUTES
It was moved by Com. Grande, seconded by Com Smith, to approve the minutes of the
meeting held March 13, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.Resolution No. 07-092 Proclaiming April 1, 2007 as “Parents and Children’s
Day” in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Smith, to approve Resolution No. 07-
092, and; upon roll call, motion carried unanimously.
B.Update on Utility Options
The County Administrator addressed the March 16, 2007 memorandum and stated the
subject should read Mayor Christiansen Chairman Craft Utility Proposal.
The County Administrator summarized the Port St. Lucie Utility proposal as follows:
Port St. Lucie will construct, own and operate all water distribution and transmission
lines, wastewater collection lines and force main systems, and all reclaimed water
distribution and transmission lines within the County’s Utility District service area south
of Midway Road and West of Rangeline Road. Port St Lucie will contract to sell water,
wastewater and reclaimed water capacity to the County to be delivered at the individual
customer’s water meter/sewer lateral/reclaimed water meter. County will bill customers.
County staff had the following concerns with the proposal:
1.If the proposal is approved, staff believes that the county may lose a growth
management tool. The inability to control the means/methods/timing of
providing utility service within rural areas of the County can lead to urban
sprawl and unintended development rights. Ceding delivery of utility services
mechanisms to Port St. Lucie removes locational and sustainable utility
infrastructure opportunities similar to TVC development.
2.The proposal is an unconventional proposal and contrary to standard
bulk/wholesale utility service agreements. County Utility staff and outside
legal counsel are unaware of any other utilities in the state which utilizes this
structure. Bulk/wholesale service refers to delivery of excess treatment
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capacities by one service provider to another service provider at service areas
boundary points of connection. The Port St. Lucie proposal is a retail
agreement and not a bulk service agreement.
3.The proposal is over-inclusive to Port St. Lucie’s publicly stated goals to
protect the water supply for its residents and to utilize its excess capacity and
over-investment in treatment plant infrastructure. These two stated goals do
not require Port St. Lucie to construct utility lines in the County District
service area. Instead, Port St. Lucie’s goals are net with a traditional bulk
agreement where the County acquires treatment capacity alone.
4.No economic benefit accrues to County from Port St. Lucie constructing
utility delivery vehicles. Per County Utility District policy, the
landowner/developers are currently responsible for constructing/funding
utility lines/pump stations and transferring to County at no cost. Abandoning
this CIAC policy and losing the economic value of the CIAC transferred to
the County disadvantages the County.
5.The proposal gives Port St. Lucie control over customer service. The County
has no control over Port St. Lucie utility planning, permitting, procurement,
project prioritization, operation, maintenance, repair, replacement, upgrade,
expansion decisions.
6.In the event of a dispute between the parties, the County has no ability to
exercise self-help as Port St. Lucie controls all aspects of utility service
including maintenance. By acquiescing to Port St. Lucie ownership of all
utility facilities inside the County Service area, the County owns no facilities
to fall back upon in the event the City does not perform as contracted. This
would also present a problem during a disaster.
Com. Craft asked the County Administrator if he did not feel some of these issues would
be addressed through a bulk agreement or an interlocal agreement.
The County Administrator stated his concern was that agreements change over time and
can be altered.
Com. Craft commented on the County’s bulk service agreement with the City of Ft.
Pierce and if something similar could be placed in this agreement
The County Attorney stated it is difficult to compare the proposed agreement with the
bulk agreement. He stated if the County does not like the way service is being provided,
there is no way the county could correct the situation once the city puts in the lines and
then we cannot cross over those lines.
Com. Craft stated he did not believe it was an unconventional proposal and believes this
is not an excuse not to work something out. He does not believe it is a reason not to
move forward. He felt he and the Mayor went right down the middle in the negotiations.
Com. Grande stated he believed the last proposal he heard there would be 5 members of
each entity brought together to work through this proposal. He has not heard the rational
as to why the city should own the lines outside of the city limits.
Com. Craft stated the City felt they would not have control over the CDD’s unless they
own the lines.
Com. Grande stated he would like to have a meeting scheduled with both entities.
Com. Smith stated the question is who is to decide where the lines go. He believes they
will find a solution but until they determine where the lines will go. He would like to
have the comfort that the county will decide where the lines will go.
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Com. Craft stated he felt they could address all the growth management issues in the bulk
agreement or the interlocal agreement.
Com. Lewis stated she was very uncomfortable with this and had a concern about the
ownership of the lines.
Com. Craft stated the County had control who would get water and wastewater.
Com. Coward stated he has concerns with who owned the lines in the county ‘s service
area. The area of negotiation is the bulk agreement. He would be supportive to try and
work with the city on the bulk agreement and if not then the county should move to
provide its own utility in our service area.
Com. Craft reminded the Board the City had declined in providing bulk water at a prior
meeting.
It was the consensus of the Board to continue discussions with the City at a joint meeting
to be scheduled with the City of Port St .Lucie.
3.GENERAL PUBLIC COMMENTS
Mr. Ed Fry, Clerk of the Circuit Court addressed the Board with regards to the
acquisition of the old Sam’s Warehouse. He expressed his concerns with taking this
property off the tax rolls as well as the difficulty in retrofitting this building into offices.
One of his main concerns was moving the Juvenile Court division into such a building.
Mr. Culverhouse, St. Lucie Historical Commission, addressed the Board with his
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concerns with the artifacts stored at 7 Street being moved to the Sam’s Warehouse
building. He requested the new facility be equal to what they presently have today.
Ms. Pamela Hammer, Reserve resident, addressed the Board and expressed her concerns
with the fact some viewers in the County do not understand the term “ urban service
boundary”. She also expressed her concerns with the utility service item and who would
own the water lines.
Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to the Port and the
removal of sand from the channel.
4.CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 24.
2.COUNTY ATTORNEY
A.Extension of Declaration of State of Local Emergency- Indian River Drive-
The Board approved the Declaration and authorized the Public Safety Director
to sign the Declaration.
B.Resolution No. 07-089 – Extending State of Local Emergency- Ban on Open
Air Burning in St. Lucie County- The Board approved Resolution No. 07-089
and authorized the Chairman to sign the Resolution.
C.Environmentally Significant Lands- Airport Greenway- Contract for Sale and
Purchase- Taylor –Tax I.D. 1428-602-0022-000-5- The Board approved the
contract for Sale and Purchase of the Taylor parcel for $530,000.00,
authorized the chairman to execute the contract and directed staff to close the
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transaction and record the documents in the Public Records of St. Lucie
County.
D.“After the Fact” Revocable License Agreement- Dark Hammock Estates
P.O.A. Inc., Brick Entrance in Delaware Avenue right of way- The Board
approved the After the Fact Revocable License Agreement with Dark
Hammock Estates, P.O.A. authorized the Chairman to sign and the After the
Fact License Agreement and Dark Hammock Estates to record the document
in the Public Records of St. Lucie County, Florida.
E.Contract for Sale and Purchase- Paradise Park Stormwater Improvement-
Denzil and Monica Irving - The Board approved the Contract for Sale and
Purchase for the purchase price of $74,600.00 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, Florida.
F.Permission to Advertise- Ordinance No. 07-017- Amend Land Development
Code to provide an exemption to the requirement for a bond for moving a
structure- The Board approved advertising Ordinance No. 07-017 for public
hearing before the Local Planning Agency on April 19, 2007 and the BOCC
on May 15, 2007 and June 5, 2007 at 6:00 p.m. or as soon thereafter as it may
be heard.
3.PARKS AND RECREATION
A.Request for approval to serve alcohol at White City Park- The Board
approved Jane Miller’s request to serve alcohol during a private party on
April 1, 2007 at White City Park.
B.Purchase Apache Trolley/Fairgrounds/Approve Budget Amendment No.
07-047- The Board approved the purchase of a 24’ Apache Trolley
(Equipment Request # EQ07-112 in the amount of $25,577.00.
4.PURCHASING
A.Approval of the First Amendment to Contract No. C01-04-409 with Care
Environmental Corporation - The Board approved the first amendment to
the contract with Care Environmental Corp., increasing the total contract
amount of $50,000 and authorized the Chairman to sign the amendment as
prepared by the County Attorney.
B.Permission to issue a Request for Proposals to lease ready to build acreage
lots (parcels 1-5 and 9) located within the proposed Phase 1 Airport West
Commerce Park at the St. Lucie count International Airport - The Board
approved advertising and issuing a Request for Proposals to lease ready to
build acreage lots located within the proposed Phase 1 Airport West
Commerce Park at the St/ Lucie County International Airport.
C.Permission to advertise and issue an RFP for Concession Services for
Lakewood Regional Park- The Board approved advertising and issuing an
RFP for Lakewood Regional Park Concession Services.
D.Approval of Second Extension to Contract C04-03-134 with Waster Pro of
Florida for Garbage Collection and Recycling at County Facilities- The
Board approved the Second Extension to Contract C04-03-134.
E.First Amendment to Contract C05-06-304 with Clarke Mosquito Control
Products, Inc., contract C05-06-305 with ADAPCO, Inc., contract C05-
06-306 with Golf Ventures, Inc., contract C05-06-313 UAP Timberland
LLC, contract C05-06-314 with Helena Chemical Company, contract C05-
06-315 with Univar, USA and contract C05-06-320 with Red River
Specialties, Inc., for Bid # 05-039 Purchase of pesticides, herbicides &
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fertilizers- The Board approved the First Amendment to the above stated
contracts and authorized the Chairman to sign the amendments as prepared
by the County Attorney.
F.Approval to Piggyback the City of Port St. Lucie Contract #20040043 for
Cold Water Meters with Sunstate Meter & Supply, Inc.,- The Board
approved piggybacking the City of Port St. Lucie Contract 20040043, with
Cold Water Meters and Supply and authorized the Chairman to sign the
Contract valued not to exceed $200,000.00 per year, as prepared by the
County Attorney.
5.PUBLIC WORKS
A.Engineering Division- Board approval of Supplemental Joint Participation
Agreement Number 1 with FDOT and Commission Resolution No. 07-
091- The Board approved the Supplemental Joint Participation
Agreement Number 1 with FDOT by signature of the Chairman and
approved Resolution No. 07-091.
B.Engineering Division- Approve Change Order No. 1 to Contract No. C06-
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11-782 for the South 26 St. Grant project, to RicMan International, Inc.,
in the amount of $422,400.00 and approve Budget Resolution No. 07-098
to accept the grant award amendment- The Board approved Change Order
No. 1, authorized the Chairman to sign the Change Order and approved
Budget Resolution No. 07-098 for a total contract price of $ 2,386,087.00.
6.ADMINISTRATION
Chuck’s Seafood- The Board approved the architectural enhancements shown on the
elevation plans and the location of the building as shown on the aerial photograph.
7.HUMAN RESOURCES
April Adjustments- The Board approved the April Adjustments.
8.PARKS REFERENDUM
Central Services – Schenkel Shultz Architecture- Special Needs Shelter/Auditorium-
Amendment No. 1to # C06-03-213- The Board approved Amendment No. 1 to # C06-
03-213 with Schenkel Shutlz Architecture for the design of the Special Needs
Shelter/Auditorium to increase the contract sum $6,350.00 changing the total contract
sum to $ 654,022.00 and authorized the Chairman to sign the Amendment as prepared by
the County Attorney.
9.CENTRAL SERVICES
Reallocation of funds in the combined amount of $600,000.00 to cover additional cost
associated with the construction of the new Clerks of Court Building- The Board
approved the reallocation of funds in the combined amount of $600,000.00 for the project
stated.
10.GRANTS
Board approval to apply for a SFWMD Savings Incentive Program Grant for
$50,000.00 to retrofit plumbing in the St. Lucie County Jail consistent with the St.
Lucie county Corrections Feasibility Study conducted by FPL, LLC- The Board
approved applying for this grant.
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11.INVESTMENT FOR THE FUTURE
Engineering Division- Award of Bid No.07-023- Prima Vista Blvd., Reconstruction- Rio
Mar Drive to U.S. 1 project to Dickerson Florida, Inc., in the amount $2,414,086.73.- The
Board approve awarding Bid No. 07-023 to Dickerson Florida in the amount of
$2,414,086.73 establish the budget as outlined in the memorandum and authorized the
Chairman to sign the contract as prepared by the County Attorney.
12. ENVIRONMENTAL RESOURCES
Approval of Bid Waive4r- The Board approved a bid waiver to allow the continued
service of RTP Environmental Associates, inc., to provide additional Air Quality
Specialist Services to review documents and attend public workshops pertaining to a
PlasmaArc Facility in St. Lucie County in the amount not to exceed $64,350 and
authorized the Chairman to sign the agreement as prepared by the County Attorney’s
office.
13. ECONOMIC & STRATEGIC DEVELOPMENT
Facilities Use Agreement - The Board approved the Facilities Use Agreement between
the Economic Development Council and St. Lucie county. The County would contribute
$75,000 for facility leasehold improvements including space, utilities, furniture and
equipment.
REGULAR AGENDA
8. ADMINISTRATION
Acquisition of Sam’s Club Building and Establishment if an $8,800,000 Line of Credit-
Staff recommends that the County proceed with due diligence to acquire the Sam’s Club
property in the amount of $6,900,000 plus closing costs and bring back a purchase
contract at a future Board meeting for Board consideration. Staff also recommends that
the County proceed with the development of an $8,800,000 line of credit to be brought
back to the Board at a future meeting for Board consideration.
The County Administrator presented pictures of the building structure. He advised the
Board there was a challenge at the Strategic Planning Session to find a storage facility for
county records. They are also looking to relocate Community Services. There are many
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problems with the 7 Street building. They would like to remove the building at 7 St.
Also they would like to move the Juvenile Court to the Sam’s Club building.
The County Administrator reviewed the memorandum dated March 20, 2007 addressed
to the Board indicating the breakdown of the cost. He also advised the Board the Health
Department is in need of additional space. Possible use of this building also would be to
house the Supervisor of Elections and her equipment in the future.
It was moved by Com. Coward, seconded by Com. Smith, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
6. GROWTH MANAGEMENT
Petition of Incom Properties 31, Inc., for a Major Site Plan approval for the project to be
known as King’s Center, for property located on the west side of Kings Highway,
approximately ½ mile north of Orange Avenue in the IL Zoning District- Draft
Resolution No. 07-019- Consider staff recommendation to approve Draft Resolution No.
07-019 granting Major Site Plan approval for the project to be known as King’s Center
subject to 9 limiting conditions.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
07-019, and; upon roll call, motion carried unanimously.
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7.STRATEGIC PLANNING/PURCHASING
Permission to issue a Request for Qualifications for Neighborhood and General Planning
Services- Consider staff recommendation to approve to advertise and issue a RFQ for
Neighborhood and General Planning Services.
It was moved by Com. Smith, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
9. GRANTS
Consider an interlocal agreement between the City of Ft. Pierce, St. Lucie County, and
Heathcote Botanical Gardens, Inc., which delineates the financial and administrative
responsibilities of the three parties in the regard to the Heathcote project. Also consider
an Option Agreement for Sale and Purchase required for a $4.19 million Florida
Communities Trust Grant- Consider staff recommendation to approve the interlocal
agreement and the Option Agreement for Sale and Purchase. Staff also recommends the
Board approve the 25% match, not to exceed $100,000 for all due diligence and closing
costs as required by the FCT grant and the interlocal agreement.
This project does not qualify for ESL funding due to lack of native habitat and are
requesting it be funded through Contingency through Budget Amendment No. 07-050.
Com. Grande expressed his concerns with the County taking on the maintenance of the
property at a cost of $8,000 per year should Heathcote fail to do so. He does not
understand why they need a back up.
The County Attorney recommended adding to the agreement a sentence stating “all
parties acknowledge the project will contain a recreational trail (north and south) that will
be open to the public”.
It was moved by Com. Coward, seconded by Com. Grande to approve the interlocal
agreement as amended, and; upon roll call, motion carried unanimously.
Ms. Chris Adams, Heathcote Botanical Board of Trustees member thanked the Board for
their concern and interest in the project.
Recess 5:10 p.m.
Reconvene: 6:00 p.m.
GENERAL PUBLC COMMENTS
Mr. Ed McIntosh, Nettles Island resident, addressed the Board with regards to the high
property taxes in his area. His comments and a press release were presented and included
for the record.
Mr. Bill Dougherty, 269 Nettles Blvd., Nettles Island addressed the Board with regards
to the taxes and budget and the various meetings he attended last year with no avail to his
requests.
Mr. Ralph DePaula, Nettles Blvd., resident addressed the Board and advised them how
the taxes were hurting the residents in the area.
Mr. Douglas Veach, 258 Nettles Blvd., addressed the Board and submitted his comments
for the record. He addressed his tax assessment in 2006 and a comment made by a Board
member at a previous homeowners meeting.
Ms. Lois Jacobson, 855 Nettles Blvd. Addressed the Board and stated she was protesting
her inflated assessment of her property.
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Mr. Bill Meehan, area resident, addressed the Board with regard to the increase in
property taxes and a statement made regarding reducing medical services if the people
wanted a tax reduction.
Ms. Janice Dougherty, Nettles Island addressed the Board and stated this statement was
indeed made and requested a millage cut of 2 mils and place a cap on the spending.
Com. Grande addressed the statement made and stated he at no time made a comment on
the reduction of fire or ambulance service.
Mr. Antonio Gil Sr., Nettles Island resident, addressed the Board with regard to the
increased valuation of his home after Hurricane damage and the comment he received
from the Property Appraiser’s office.
Mr. George Royce, Nettles Island, addressed the Board and asked for their assistance in
the matter of the valuation increase
Com. Smith reminded everyone that $14 million was set aside to reduce the millage and
$6 million was placed in hurricane reserves.
Ms. Janice Dougherty stated she still felt there was a waste in funds allocation.
Mr. Dave Monahan, 1290 Nettles Blvd., addressed the Board and stated the property
appraiser stated the values were made on sales. He believes they can re-assess due to the
fact there have been recent sales on the island.
Com. Craft advised Mr. Monahan, the Board does not have any control over the Property
Appraiser. He is an elected official.
Ms. Roz Morrision, 991 Nettles Blvd., addressed the Board with regards to the roads in
the development.
Com. Craft advised Mr. and Mrs. Morrison that the roads in Nettles Island are private
roads and are maintained by the association.
The County Administrator stated roads are not paved with property taxes, they are paved
utilizing the gas tax.
Mr. James Riker, 113 Nettles Blvd., addressed the Board on the different tax structure in
Indiana as opposed to Florida.
Mr. Ed McIntosh thanked the Board for their indulgence on this issue.
The Chairman responded to everyone’s comments and stated they are aware the tax
structure is broken in the State of Florida. He asked the residents to attempt to fully
understand what is being proposed and the fact it does not fix the inequity that is existing
today.
Com. Grande concurred with Mr. McIntosh’s comments with regards to the impact fees
not being realistic and addressed the issue.
Com. Smith also addressed Mr. McIntosh’s comments and stated they are not passing the
buck but it is the law. He stated everyone is in this together.
Com. Coward addressed the comments made and advised them he attended the Senate
Budget Committee taxation meeting last week in Tallahassee. He stated he felt they may
not fully understand the issue and are not asking the local entities for their input.
Com. Lewis addressed the comments made and she is aware of their frustration and she
wanted them to know a lot of time is spent during the budget review. She requested the
public’s assistance to get to officials in Tallahassee.
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5.A GROWTH MANAGEMENT
Second meeting of two required public meetings- Consider staff recommendation to
approve the proposed amendment to Appendix B of the adopted Comprehensive Plan.
It was moved by Com. Lewis, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
5.B GROWTH MANAGEMENT
Petition of Mission West, LLC for a Change in Zoning from the AR-1 zoning district to
the PUD – Mission Oaks Subdivision zoning district and Preliminary Planned Unit
Development Approval for the project to be known as Mission Oaks Subdivision – PUD
for 8.59 acres of property located on east side of Johnston Road, approximately 0.09
miles north of Angle Road- Draft Resolution No. 07-053- Staff is requesting that this
petition be continued to April 3, 2007 at 6:00 p.m. or as soon thereafter.
It was moved by Com. Coward, seconded by Com. Smith to continue this item on April
3, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
5.C GROWTH MANAGEMENT
Approval of a Major Adjustment to be to the Sunnyland Farms Planned Unit
Development to allow for a modification to the project’s phasing plan. The project is
located on the west side of the Emerson Avenue right of way- Consider staff
recommendation to approve Resolution 07-044.
Mr. Greg Boggs, Thomas Lucido & Associates was present to answer any questions.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
07-044, and; upon roll call, motion carried unanimously.
5.D GROWTH MANAGEMENT
Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. For a change in
zoning from IL zoning district to PUD zoning district and Preliminary PUD Plan for
property located on the north side of Metzger Road, South Avenue M, West of Angle
Road and East of Canal Number 29 for the project to be known as The Preserve, Draft
Resolution No. 07-045- Consider staff recommendation to continue the public hearing
on this item to the June 5, 2007 Board meeting at 6:00 p.m. or as soon thereafter as it may
be heard.
It was moved by com. Smith, seconded by Com. Coward, to continue this hearing on
June 5, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
5.E COUNTY ATTORNEY
Ordinance No. 07-002- Establishing the Sunnyland Farms Community Development
District- Consider staff recommendation to adopt Ordinance No. 07-002 and authorize
the Chairman to sign the Ordinance.
Mr. Richard Ellington, representing the applicant was present to answer any questions.
Com. Coward suggested language be standard on this type of an item regarding limiting
the powers of the district with regards to the eminent domain issue.
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The Board concurred and requested added language restricting powers of this district
with regards to Eminent Domain outside the district boundary be included in the
Ordinance.
It was moved by Com. Coward, seconded by Com. Smith to approve Ordinance No, 07-
002 with the added language with regards to eminent domain, and; upon roll call, motion
carried unanimously.
5.F COUNTY ATTORNEY
Ordinance No. 07-004- Establishing the Whispering Oaks of Port St. Lucie Community
Development District- Consider staff recommendation to adopt Ordinance No. 07-004
and authorize the Chairman to sign the Ordinance.
Mr. Steve Sanford , representing the applicant, was present to answer any questions.
Com. Smith brought forward the issue of the marketing of this item and the web site. He
felt the marketing by EH was deceiving as to its location.
The Board members concurred with Com. Smith and expressed their concern with the
marketing of this development not indicating its real location. It was being marketed as
Port St. Lucie and the actual location is in St. Lucie County and outside the boundaries of
the city Ft. Pierce.
Ms. Pamela Hammer, Planning and Zoning resident addressed the Board and commended
Com. Smith’s awareness of the marketing issue and felt “truth in advertising “ is
important.
Com. Craft suggested tabling this item until the marketing is corrected.
It was moved by Com. Smith, seconded by Com. Lewis, to continue this hearing on April
17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion
carried unanimously.
5.G GROWTH MANAGEMENT
Resolution No. 07-038- formally Resolution No. 03-181 Quasi-Judicial/ consider the
resolution for the request of Robert C. Schwebke, through agent Harold Melville, ESQ.,
followed by Ted Konigsberg, for a variance from the requirements of Section 6.02.02.02
© (1) (Shoreline Protection, Indian River Lagoon Minimum Buffer Criteria to permit the
proposed construction of an access roadway lacking all of the required minimum 50 foot
shoreline setback for property located adjacent to the Indian River Lagoon for the
residential project to be known as Pelican Bay, located on North Hutchinson Island- Staff
recommends denial of the shoreline protection variance request. The attached Resolution
No. 07-038 would deny the applicant’s Shoreline Variance Request for the Pelican Bay
project for the reasons stated within the staff reports and supporting documentation
included with this memorandum. Should the Board determine that the requested
Shoreline Protection Variance is compatible with the surrounding land uses and the
minimum variance for the site, staff has included an additional Resolution No, 07-038
which includes conditions of approval for the Shoreline Protection Variance request.
The new attorney for the petitioner, Mr. Al Malfatto, addressed the Board and requested a
continuance in order to familiarize himself with the application and item.
After discussion, the Board required this item not be continued but be resolved at
tonight’s meeting.
This a Quasi-Judicial item : All the Board members acknowledged having contact with
various people concerning this petition.
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The Growth Management Director reviewed the staff report and the criteria. Mr. Nix
stated staff did not find a transfer of density for either piece of property. He felt the
variance was not necessary since they do have access and reasonable use of the property
and the hardship was self imposed. This is why they are requesting denial.
Com. Coward stated he wanted to made everyone aware there were four standards which
had to be met and they believe they do not met any. So they do not apply
The Request for Shoreline Protection Variance at the Request of Robert C. Schwebke
Pelican Bay Site Draft Resolution No. 07-38 was submitted for the record.
Mr. Malfatto, attorney for the petition requested cross examination of Mr. Nix .
At this time the Clerk swore in the staff members as well as those requesting to speak.
The Growth Management Director stated his staff presentation made will not change now
that he would be under oath.
Mr. Malfatto cross examined the Growth Management Director Mr. Robert Nix and the
Senior Planner for the project.
Mr. Nix reviewed the findings on the site plan( in the record). He also reviewed the
memorandum dated August 13, 2003 from the Community Development Director (in the
record) and the project timeline.
Mr. Robert Weigt, R.L. Weigt Environmental Consultant addressed the wetland
delineation. He stated he had tried to seek an opinion about the need for a variance,
however staff did not respond and this was why they were here asking for a variance they
felt they did not need. He believes they do not need a variance because it is not part of
the natural shoreline.
Mr. Ron Harris, County Surveyor questioned if he had written a letter to the FDEP to
obtain a determination on the channel.
Mr. Weigt stated he had not and explained why.
Mr. Dennis Murphy, Culpepper and Terpening, addressed the Board and stated he had
not made any requests and wanted to clarify this for the record. He stated there should
have been two separate reports.
Mr. Malfatto asked if there was anything in the county code that would prohibit the
density transfer they are speaking of.
Mr. Murphy stated at the time the application was filed there was nothing to prohibit the
redistribution of units in adjoining property as noted here. At the end of the day all of the
numbers remain the same.
Com. Coward stated our code does not prohibit but it does not allow it either, it has never
been done and it is against the intent of the Code.
Mr. Malfatto asked Mr. Murphy he was aware of this every happening in the county.
Mr. Murphy stated at this juncture no he cannot recall one.
Mr. Craig Mundt, Hutchinson Island resident, submitted a letter from the attorney Mr.
Brookes for the record.
Ms. Diane Andrews, Hutchinson Island resident, addressed the Board and submitted
material for the record. She commended the Senior Planner for her time and organization
of the information. She pointed out various notations on the site plan.
Mr. Malfatto cross examined Ms.Andrews.
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Mr. Art Argenio, addressed the Board and stated it all seemed common sense. He
referred back to 2003 and the petitioner has worn the area residents down with this issue.
He felt they do not need a variance to build 2 houses.
Mr. Jeff Mitchell, VP Conservation Alliance of St. Lucie County strongly urges the
Commission object to the shoreline variance requested tonight.
Ms. Debra Agnella, 4221 and 4223 N. A-1-A addressed the Board and stated she owns
two lots and she has the same restrictions as the applicant. The felt the applicant can
build 2 houses with no economic hardships.
Mr. Michael Frey, VP Queens Cove addressed the Board and encouraged the Board to
accept staff recommendation.
Mr. Robert Tabor, area resident, addressed the Board on this issue and reviewed the map.
He felt they should build two houses on the property as originally proposed.
Mr. Ted Collensborg, resident, broker for the applicant addressed the Board in favor of
this request and stated development will happen and felt they needed to ask themselves
what type of development the applicant is proposing.
Com. Coward stated he felt 1001.30 goes beyond the environmental issues.
Mr. Nix stated for the record, staff does not accept the narrow interpretation of the Code
the applicant alluded to and he believes it is a tributary.
It was moved by Com. Grande, seconded by Com. Smith to deny the variance as outlined
in Resolution No. 07-038, and; upon roll call, motion carried unanimously.
5.H GROWTH MANAGEMENT
Consider Draft Developers Agreement DVA 07-001 approving a Developers Agreement
between Incom Properties 31, Inc., King’s Center and St. Lucie County- This is the
second of two public hearings of King’s Center Developers Agreement 07-001. Staff
recommends that the Board approve the Developers Agreement.
It was moved by Com. Coward, seconded by Com. Lewis, to approve the Developers
Agreement 07-001, and; upon roll call, motion carried unanimously.
5.I GROWTH MANAGEMENT
Petition of Gulfstream Developers LLV for a change in zoning from AG-1 zoning district
to PUD zoning district - Consider staff recommendation to accept the withdrawl of this
petition of Gulfstream developers, LLC.
It was moved by Com. Grande, seconded by Com. Smith to accept the withdraw of this
petition, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was
adjourned.
___________________________
Chairman
___________________________
Clerk of Circuit Court
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