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HomeMy WebLinkAboutBOCC Minutes 04-17-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 17, 2007 Convened: 6:00 p.m. Adjourned: 9:10 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward (absent in Philadelphia, county business) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Vanessa Bessey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Grande, seconded by Com. Lewis, to approve the minutes of the meeting held April 10, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 07-146 – Proclaiming April 19, 2007 as “PATRIOTS DAY” in St. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07- 146, and; upon roll call, motion carried unanimously. 3.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident addressed the Board regarding environmentally acceptable dredging in Japan. 4.CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Grande, to approve the Consent Agenda as amended pulling item C2F and including the addition of CA-1. and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 28. 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. 07-144- Extending State of Local Emergency- Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 07-144 and authorized the Chairman to sign the Resolution. C.Contract for Sale and Purchase- harmony Heights Stormwater Improvement- Barbara James- Tax ID 1431-802-0034-000/6- Tax ID 1431-802-0033-000/9- The Board approved a contract for sale and purchase from Barbara James for 1 the purchase price of $49,400.00 authorized the Chairman to sign the contract directed staff to proceed with the closing and record the Warrant Deed in the Public Records of St. Lucie County. D.Revocable License Agreement- Florida City Gas- St. James Drive- The Board approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and record the document in the Public Records of St. Lucie County, Florida. E.Road Improvement Agreement- Whispering Oaks- The Board approved the Road Improvement Agreement and authorized the Chairman to sign. F.Resolution No, 07-145- Urging the Florida Legislature to Defeat Legislation that would Preempt Local Regulation of Lime Rock Mining and Wetlands- This item was pulled. G.Treasure Coast Connector Marketing Program- Second Amendment to November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie , Inc.- the Board approved the proposed second amendment to the November 30, 2006 Subgrant Agreement. H.Florida Communities Trust-Heathcote Bonatical Park/FCT Project 04-045 FF4- The Board approved the option agreement for sale and purchase of the Stewart parcel for $15,600 as shown and authorized the Chairman to execute the Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 3.PUBLIC WORKS A.Acceptance of Budget Resolution No. 07-120 in the amount of $200,000 from St. Lucie River Issues Team for White City Canal D - The Board accepted Budget Resolution No. 07-120 in the amount of $200,000 from St. Lucie River Issues Team for White City Canal D Stormwater Drainage and Water Quality Improvement Project. Funds to be administered by SFWMD. B.Engineering Division- Spoil Site removal at the Port of Ft. Pierce- The Board approved the contract with Dredging and Maine Consultants, LLC in the amount of $29,000 for Engineering Services for Taylor Creek Dredging. C.Second Amendment to Work Authorization No. 18- The Board approved and authorized the Chairman to sign the Second Amendment to Work Authorization No. 18 for a time extension to May 31, 2007 for Soil Testing Services with Dunkelberger Engineering & Testing Inc., for the South Jenkins Road Extension. D.Request approval of Third Amendment- The Board approved and authorized the Chairman to sign the Third Amendment to Work Authorization No. 16 for a time extension to May 31, 2007 for Soil Testing Services with Dunkelberger Engineering & Testing, Inc., for the Road Intersection Improvement projects. E.Accept project, release retainage and provide final payment- The board approved accepting the project, releasing the retainage in the amount of $59,270.69 and provide Final Payment to Contract # C04-02-124 in the amount of $59,270.69 to Ranger Construction Industries, Inc., for the construction of the Edwards Road at Selvitz Road Intersection Improvements project. 2 4.SHERIFF Extension Request for Alcohol and Other Drug Abuse Mini Trust fund Grant and modifications for use of funds- The Board authorized the grant extension until September 30, 2007 and authorized the St. Lucie County Sheriff’s Office to modify the use of funds to ensure a quality program outcome. 5.CULTURAL AFFAIRS St. Lucie Film Society- The Board authorized the Chairman signing a grant agreement for $22,000 prepared by the County Attorney with the St. Lucie Film Society and waive the bid process to develop a Zora Neale Hurston documentary. 6.CENTRAL SERVICES David Brooks Enterprises, Inc./Contract No. C05-12-636- Construction of new Clerk of Court Building- Reduction of Retainage- The Board approved the reduction in retainage from 10% to 5% on remaining progress payments to David Brooks Enterprises for the construction of the new Clerk of Court Building # C05-12-636, the Board also approved the payment (Application No. 16-A) in the amount of $413,349.00 50% of current retainage withheld. 7.GROWTH MANAGEMENT Request of Margaret Spagnola, for final plat approval for the project to be known as Middle Fork Subdivision. The Board approved the final plat of Middle Fork Subdivision and authorized the staff to proceed with its final execution. 8.METROPOLITAN PLANNING ORGANIZATION Budget Resolution No. 07-143 to recognize the additional FWHA grant funding- The Board approved Budget Resolution No. 07-143 in the amount of $82,941.00 for 06/07 fiscal year. 9.INVESTMENT FOR THE FUTURE Wastewater Treatment Plan Capacity Increase Project- Emergency Operations Center- Fairgrounds Facility- The Board approved the Work Authorization with Masteller & Moler Inc., to provide the engineering services related to the wastewater treatment plant capacity increase, approved the Development Agreement between the BOCC and the County Utilities Department as drafted by the County Attorney, approved staff’s request to go to bid for the project, approved the use of Investment for the Future Funds in the amount of $299,376 to cover the Fairgrounds 55% proportionate share of costs and Fair Associations $50,000 (11%) contribution. Accepted the Fair Associations $50,000 contribution toward the project, approved Public Safety’s 34% proportionate share of costs in the a mount of $154,224 from Emergency Operations Center project funds. Approved Agreement/Resolution accepting the Fair Association’s $50,000 contribution toward the Wastewater Treatment Plan Expansion project as drafted b the County Attorney. CA-1 Interlocal Agreement with the City of Port St. Lucie- Sidewalk Funding- The Board approved the Interlocal Agreement and authorized the Chairman to sign the agreement. REGULAR AGENDA PUBLIC HEARINGS 3 5.A GROWTH MANAGEMENT Approval of a Conditional Use Permit to allow the operation of a concrete block manufacturing plant in the IH zoning district in the Midway Industrial Park- Phase 3 the project is located at the intersection of South Jenkins Road and Post Office Road. The developer received no notice of the suggestion changes as reference in memorandum dated 1/30/07 from the Environmental Resources Department. Staff recommends the Board consider continuing this item. The applicant advised the Board he was in agreement with the conditions and could be heard. It was moved by Com. Grande, seconded by com. Smith to approve the Conditional Use Permit with the suggested conditions from the Environmental Resources Department and the hours of operation, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT Petition of A.W. Riverlandiing LLC for a change in zoning from the RS-2 and CO to the PUD- zoning district and Final Planned Development Site Plan approval for the project known as River Landing PUD, Draft Resolution No. 07-052 - Consider staff recommendation to approve Draft Resolution No. 07-052 subject to twenty limiting conditions of approval. A continuance was requested . Mr. Dorian Russell, addressed the Board on behalf of the White City Improvement Club, thanked the Board and stated the property owners are now working in harmony with the developer. He concurred with the request for a continuance. It was moved by Com. Grande, seconded by Com. Lewis to continue this item on May 15, 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 Petition of Riverview Developers LLC for granting Preliminary Planned Development Site Plan approval for the project to be known as Hunter’s Run- PUD for property located on the east side of Germany Canal Road Draft Resolution No. 07-022- Staff recommends the Riverview Developers, LLC petition be continued until May 15, 2007 to allow adequate staff time to evaluate the project in accordance with the Board’s direction. Mr. Dennis Murphy, Culpepper and Terpening stated he had received the report and did not object to the continuance as proposed by staff. It was moved by Com. Grande, seconded by Com. Smith, to continue this item on May 15, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Revocation or modification of the Conditional Use Permit for the Mellon Patch Inn, located on U.S. Highway A-1-A at its intersection with Jackson Way, Draft Resolution No. 07-054 - Consider staff recommendation to approve Draft Resolution No. 07-054 subject to seven limiting condition modifying the Conditional Use Permit. The Growth Management Director reviewed the history of this item. He advised everyone present the Bed and Breakfast regulations were not in effect when this establishment came before the Board in the 1990’s. It was then approved with the commercial lodging standards applying with conditions being applied. 4 The Asst. County Attorney addressed the complaints received by various residents in the area and advised the Board no citations or code violations were issued with the exception of the dock not being permitted. Mr. Steve Tierney, attorney for Ms. Townsend, addressed the Board and advised them the parking issues alluded to by residents had been resolved. He also addressed the alcohol issue and stated the owner does not sell alcohol. He addressed complaints presented when previously owned. The new owner advises her clients all functions must be concluded by 9:00 p.m. Ms. Jane Brooks 1824 Pelican Drive, Ft. Pierce, addressed the Board and stated she had previously lived on Jackson Way and has presently given the home to her daughter. She expressed her concern with the propose use when the establishment first opened and stated since the new ownership, there have been adverse affects to the area. Ms. Lisa Bolton, friend and co-worker at the facility, addressed the Board in favor of the facility and its function/s. She knows Ms. Townsend has invested a lot of money to make the place as beautiful as it is and fees this facility is an asset to the area and the county since there are few places in the county to have weddings and other functions. Mr. Richard Allison, 919 Jackson Way, addressed the Board and stated he felt the facility should remain with added conditions enforced. Ms. Jean Downy, North Hutchinson Island resident addressed the Board in favor of the establishment and asked everyone to attempt to come to an agreement. Ms. Anita Prentice, Professional Artist, addressed the Board in favor of the establishment. Ms. Jeanie Peachtree, Professional Artist, addressed the Board in favor of the Melon Patch and what it offers the area. Ms. Cindy Bryant, area resident, addressed the Board in favor of the establishment and stated the 911 calls and the calls to the county were made for no apparent reason since there were no violations recorded. Ms. Patricia Humm, Ft. Pierce resident, addressed the Board and stated her daughter had her wedding at the facility and at the time of booking the wedding she was advised loud music was not permitted. She expressed her dislike of anyone taking photographs of her daughters wedding without their permission. Ms. Pat Spradling, 925 Jackson Way, addressed the Board in opposition to the establishment and its present use. She stated this type of a business should be in a commercial area and not residential. In her opinion this establishment has lowered property values in the area. Mr. Robert Gorman, attorney for various homeowners in the area, addressed the Board on the various non-compliance issues, Resolution No. 92-254 and also questioned the property being homesteaded by the previous owner. He also submitted various items for the Board to review. He questioned a new owner using the facility as a banquet hall etc., would any other establishment in the area be permitted to do so with out adequate parking spaces. Com. Smith asked Mr. Gorman if he felt this establishment was a commercial lodging establishment. Mr. Gorman stated, “no” Com. Smith addressed how the issue was addressed at the time this was considered before the Board according to the Code. He stated in 1992 this was an establishment under the category and allowed to operate as a commercial lodging establishment not a 5 bed and breakfast by the prior Board. They cannot at this time say they are establishing a new law. Mr. Gorman stated all these type of facilities require adequate parking. It is clear they did not use it as a bed and breakfast in 2003, 2004 , 2005 and showed an intent it was not a commercial lodging establishment by going to the office of the county and saying it is a single family residence and not paying the necessary sales taxes. A bed and breakfast is not intended to be a yacht club, a banquet hall etc. Com. Craft stated this issue seems to get more convoluted. In light of the evidence presented tonight, he is asking the Boar to continue this item. The homestead issue is of concern and he felt they need time to review all the pertinent information and be better educated on the issue. The County Attorney suggested they need to look at the homestead issue which may impact the fact and or question if there is in fact an existing conditional use it may have been abandoned. Mr. Darrell Murphy, employed by Ms. Townsend as a security officer addressed the Board in favor of the establishment and stated he never encountered any problems at any functions with the clients. He had only exhibited problems with the neighbors harassing him as an employee. Mr. Brian Kilday, 909 Jackson Way addressed the Board and presented a video of a party being held at the establishment. He stated the loud music cannot be heard from the front of the establishment but can be heard behind it and down the canal. Ms. Ann Marie Collins, new resident of the area, addressed the Board and stated she had sat with a Code Enforcement Officer and could not understand how they could not obtain a noise level reading. Ms. Tina Sigmon, Ft. Pierce resident, addressed the Board in favor of the establishment. Ms. Lyn Posey, Ft. Pierce resident, addressed the Board with her concern relating to her daughters wedding scheduled for May of this year. Any action against the establishment would cause a hardship on the event. Mr. Floyd Grigsby, area resident, addressed the Board with reads to the code violation And the adverse affect the facility has on the area. Mr. Jack Ronsberg, area resident, addressed the Board and stated he has heard loud music coming from area residences. He also commented on the loud events held at Pepper Park. Mr. Adrian Cohen, Contractor stated the deck is made out of concrete and very stable and felt the parking situation comments were unjustified. Mr. Dennis Walton, businessman in the area stated his concern with the idea of a business being shut down with not violations on record. He reminded the Board there are not may businesses left in the county. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on May 15, 2007 at 6:00 p.m. or as soon thereafter as it may be heard and; upon roll call, motion carried unanimously. 6 5.E GROWTH MANAGEMENT Petition of Zentex Venture, LLC for a change in zoning from the AG-1 and R/C zoning districts to the PUD zoning district and Preliminary Planned Development Site Plan approval for the project known as Breckenridge for property located on west side of Gordy Road, approximately ¼ mile south of Okeechobee Road, west of the Florida Turnpike. Draft Resolution No. 07-020 - Consider staff recommendation to continue the public hearing on this item to a date certain as requested by the applicant. Upon the confirmation of a date for public hearing, the petitioner has agreed to bear all costs associated with the advertising, notifying of adjacent property owners, and the posting of the subject property. It was moved by Com. Grande, seconded by Com. Lewis to continue this hearing to a date uncertain with the applicant being responsible for all re-advertising costs, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT Ordinance No. 07-015 Public Hearing regarding proposed amendments to the St. Lucie County Parking Code- Continue the public hearing until May 1, 2007 to allow consideration of parking code changes by the entire Board. It was moved by Com. Lewis, seconded by Com. Grande to continue this hearing on May 1, 2007, and; upon roll call, motion carried unanimously. 5.G COUNTY ATTORNEY Ordinance No. 07-004- Establishing the Whispering Oaks Community Development District- Consider staff recommendation to adopt Ordinance No. 07-004 and authorize the Chairman to sign the Ordinance. Com. Grande advised the Board he would not be voting in favor of this special district due to the taxing implications. It was moved by Com. Smith, seconded by Com. Lewis, to approve Ordinance No. 07- 004, and; upon roll call, the vote was as follows: Nay: Grande, Aye’s: Lewis, Smith, Craft, motion carried by a vote of 3 to 1. There being no further business to be brought before the Board, the meeting was adjourned. ___________________________ Chairman __________________________ Clerk of Circuit Court 7