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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 1 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. 2 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 th 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 3 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 & 4 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- th 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. 5 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 thth 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. 6 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. 7 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. 8 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. 9 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. 10 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. 11 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 12