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HomeMy WebLinkAboutBOCC Minutes 05-01-2007 BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 1, 2007 Convened: 6:05 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chris Craft, Chairman; Doug Coward, Joe Smith, Charles Grande, Paula Lewis Others Present: Doug Anderson, County Administrator; Ray Wazny, Asst. County Administrator; Faye Outlaw, Assistant County Administrator; McIntyre, County Attorney; Heather Young, Assistant County Attorney; Debra Brisson, Parks & Recreation Director, Don West, Public Works Director; Director; Robert Nix, Growth Management Director; Vanessa Bessy, Environmental Lands; Lauri Heistermann, Deputy Clerk MINUTES 1. The Board approved the minutes of the meeting held on April 24, 2007. It was moved be Commissioner Coward and seconded by Commissioner Grande to approve the Minutes of the meeting held on April 24, 2007; and upon roll call motion carried unanimously. PROCLAMATIONS/PRESENTATIONS 2. A. Presentation by Carol Wyatt, President of the WPSL Christmas Kids She presented 2 checks to the Board, which totalled $2,100.00 to benefit the Parks & Recreation st Aquatics programs and the 21 Century Aquatics program. She stated that the Christmas Kids pay half of the swimming lessons for the fee at the County pools and the parents pay the other half. She informed the Board that this was on behalf of Pauline Clutter who was the President of the Christmas Kids for 20 years. Commissioner Craft thanked WPSL for everything that they do for the community. GENERAL PUBLIC COMMENT 3. Herbert Weighart addressed the Board. He voiced his concerns about code enforcement notices being posted on buildings. He stated that he felt that there should be some provisions in the event of emergencies and natural disasters. He informed the Board that his family had been given a notice for not having a permit for a roof during the time that the Governor had issued an amnesty due to the hurricanes Commissioner Craft asked if staff was aware of any amnesty after the hurricanes for roofing permits. Dan McIntyre, County Attorney stated that the Governor had issued an order suspending the requirement to obtain some permits at the State level. Commissioner Craft requested that he contact his office to schedule an appointment to meet with himself and staff regarding his concerns. Ray Wazny, Assistant County Administrator stated that the appeal process does not come before the th Board. The appeal process goes through the 19 Judicial Circuit. He stated that an individual has 30 days from the notice to appeal the violation. Mr. Weighart stated that if a notice is posted on a building and the individuals that live there have been displaced, they may not return within the 30 days to see the posting in time to appeal it. CONSENT AGENDA 4. Dan McIntyre, County Attorney stated that the Developer had requested that item C2F be pulled. Commissioner Coward disclosed that he may have a possible conflict relating to item C2G. He stated that he serves on the Treasure Coast Resource Conservation Development Council on a voluntary basis. He stated that he had no financial gain. 1 It was moved by Commissioner Smith, seconded by Commissioner Lewis to approve the Consent Agenda, with item C2F being pulled; and upon roll call motion carried unanimously. PUBLIC HEARINGS 5A. COUNTY ATTORNEY TVC-Stipulated Settlement Agreement with State of Florida Department of Community Affairs - The Board approved staff recommendation to adopt Resolution No. 07-148 approving the Stipulated Settlement Agreement and Authorized the Chairman to sign the Agreement. Dan McIntyre, County Attorney stated that this Board adopted certain Comp Plan amendments relating to the TVC. He stated that the Plan amendments get transmitted to the Department of Community Affairs, which is a State agency that reviews Comprehensive Plan amendments around the State. In July, 2006 they issued a statement of intent to find the Plan amendments not in compliance. Since that time County Staff along with the staff of the Regional Planning Council have been meeting with the Department Staff to try to work out Agreements that would bring the Plan in compliance. He stated that this had been done and are outlined in Exhibit B to the Settlement Agreement. Under the terms of the Settlement Agreement, which is the scope of the Public Hearing this evening. It is not to adopt the amendments. There is a process that the state has that you have to first consider if you want to enter into a Settlement Agreement, That process would result in another Public Hearing within 60 days where the Board would have to decide whether to adopt the amendments or not, or amend the amendments. He stated that if the Board approves the agreement that the hearing be set for June 5, 2007 at 6:00 p.m. or as soon thereafter as the item may be heard. As part of this the County has negotiated with the state, the South Florida Water Management District and the Department of Transportation. They have all indicated that if the County adopts these amendments, they are satisfied that the Department of Community Affairs would issue a notice of intent to find the Plan amendments in compliance. The burden of proof changes to the County’s benefit if the State approves these. It makes it much easier to defend the amendments opposed to if the State determines that they are not in compliance. He stated that the Board would have to agree to hold an adoption hearing within 60 days after the Settlement Agreement is signed. Commissioner Grande referred to the proposed changes in Policy 3.1.2.4, which covers the expedited review process. He stated that he wanted to confirm that the expedited review process is being done on best efforts basis and if the County is unable to make the 90 days, there is no default for approval. Michael Busha, Executive Director, Treasure Coast Regional Planning Council, stated that there is no default for approval. PUBLIC COMMENT Paul Scholl asked that staff summarize the items that were accomplished in the Settlement Agreement. He asked what had been changed. He asked how the Agreement would effect the other entities that are not party to this Agreement. He stated that TVC effects all land owners within the area of the TVC. Dan McIntyre, County Attorney stated that Exhibit B is a summary of the remedial actions. He stated that there were issues related to potable water and sanity sewer. The state wanted additional supporting documentation including data and analysis to demonstrate potable water and sanity sewer facilities would be available to meet the demands of the existing and proposed development within the TVC area. In addition the County provided additional information concerning transportation facilities. He stated that they provided information on workforce housing. He informed the Board that there were petitioners that challenged the Plan and have not signed off on this as of yet and may not. This does not obligate them to do that. There were also parties that intervened on behalf of the County and may not sign off on the Plan. This effects the States action as it relates to the County. What the State is saying is that if the County adopts these amendments, the State would determine if the Plan Amendments are in compliance. Eric Sekela, EH Building Group addressed the Board. He stated that they were party to the Settlement Agreement. He stated that they are supportive of the Agreement. He asked when DCA would find the Stipulated Settlement Agreement in compliance. 2 Dan McIntyre, County Attorney stated that if the Board adopts the Plan amendments as proposed, the County is required, within 10 days, to transmit them to DCA and then within 30 days after they received the amendments they would issue a notice of intent. Scott Morton, representative of Indrio Road Development addressed the Board. He stated that he was supportive of the Agreement. Commissioner Craft thanked Commissioner Coward for the time that he had put into this issue. Commissioner Lewis referred to the remedial amendments on Page 12, which discusses financing tools and strategies. It states that within 12 months from the effective date of this policy the County shall create a Special Taxing District and/or Municipal Taxing or Benefit Unit. She stated that the Board declined to do this. She stated that she had expressed concerns at that time and she still has the concerns. The concern in creating an overall assessment district for this area, is that this area takes in not only new developments, but existing residents. Commissioner Coward stated that he did not believe the language states that the County is required to establish an overall taxing district. He stated that this was a key issue in discussions. He stated that he pushed very hard for the flexibility to remain in the hands of the County. He stated that the developers, who are creating the new demand, to actually pay for the needed improvements. He stated that there would be a stakeholder meeting held tomorrow. May 2, 2007 to discuss this issue. Commissioner Lewis stated that it states that the geographic boundaries of such special district shall encompass not less than an entire area subject to the TVC land use designation. She stated that there was a subclaus that states provided that such special district may establish sub districts as authorized by law. Commissioner Coward stated that they pushed hard to make sure the County had the flexibility to include the language about sub districts that an MSBU could be done that would include the properties that were being developed. Dan McIntyre, County Attorney stated that the State did award an overall district, however, they did not require the levy of any tax. The intent is to create the sub districts on either taxing or special assessments and not assess the existing residents. Commissioner Coward concurred with Commissioner Lewis’ concerns. Commissioner Coward thanked all the individuals that took part in this process. Commissioner Grande thanked Commissioner Coward for his efforts. It was moved by Commissioner Coward and seconded by Commissioner Smith to approve Resolution No. 07-148 approving the Stipulated Settlement Agreement; and upon roll call motion carried unanimously. 5B COUNTY ATTORNEY Public Hearing – Petition for Abandonment of a portion of Rock Road North of I-95 to Angle Road – Resolution No. 07-022 – The Board approved staff recommendation to continue the Public hearing to June 19, 2007 at 6:00 p.m. or as soon thereafter as possible. PUBLIC COMMENT There was no Public Comment 3 It was moved by Commissioner Coward and seconded by Commissioner Lewis to continue the Public hearing to June 19, 2007; and upon roll call motion carried unanimously. 5C GROWTH MANAGEMENT Ordinance 07-015 Public Hearing regarding proposed amendments to the St. Lucie County Parking Code – Discuss the proposed parking ordinance, and approve with any changes directed by the Board. Robert Nix, Growth Management Director, stated that this allows minor expansions. It allows the use of pervious paving materials and these are materials that would be approved by the County Engineer and published in a manual. It also allows stabilized unpaved parking areas. It provides parking requirements, that are improved, for existing regulated land uses. The parking requirements are based on recommended standards from the Institute of Transportation and Engineers. It also added increased landscaping requirements for landscape islands. It allows off site parking facilities serving a building to be within 600 feet of the building. It requires shared parking agreements. It created context sensitive parking provisions. The parking requirements would be looked at with sensitivity to what is around the facility that requires the parking. This would be important in areas where there are mixed use developments. The parking requirements for the St. Lucie County Code, which are updated periodically by the Fire District, are included by reference. He stated that they would add page numbers to pages 11 through 20. On Page 2, line 28 of the ordinance, the phrase that reads except that when building alterations result in an expanded entry etc. should read consist of instead of result in. On Page 3 the County Engineer had a concern that there was not significant notification and maybe there was permission implied by this that would short circuit his approval of the materials that are used on unpaved parking lots. The County Engineer would publish a manual of materials and construction specifications for all types of parking facilities and drive ways. Until the approved list is published all proposed parking would go through the County Engineer for approval at the time of development order review and final site plan review. Commissioner Coward referred to Page 4, Table 7-20, under Mobile Home Park use. He stated that there is apparently a distinction for such parks outside the Urban Service Boundary. Robert Nix, Growth Management Director stated that this would be up to the Board. He stated that paving is not required outside the Urban Service Boundary. Commissioner Coward stated that he is not interested in promoting mobile home parks in rural areas and to minimize the standard, thereby making it less costly and less likely that someone might do it, is the wrong direction. He stated that there should be high standards and try to preclude mobile home parks from occurring outside the Urban Service Boundary. Robert Nix, Growth Management Director stated that they would delete the first sentence in the comments column on Page 4 for the Mobile Home Park use. The Board concurred with this change. Commissioner Grande referred back to the approval by the County Engineer. He stated that when he read this it was not the sense so much as the County Engineer would approve every use of materials. He stated that he would like to not give up that, because in different areas, some of the materials that are approved may or may not apply based on the specific area. He stated that he would like the County Engineer to have the ability to say no to a material even though it is included on the standard list of those to consider. Robert Nix, Growth Management Director stated that the Land Development Code already states that. Commissioner Craft stated that there should be a clear definition as to why the Engineer would not allow a particular service in one area and not another. 4 Dan McIntyre, County Attorney recommended adding a sentence that says the County Engineer has the discretion to not approve things on the approved list if there are appropriate conditions. Robert Nix, Growth Management Director stated that the language could read, the County Engineer shall approve design materials and specifications on each site. Commissioner Coward referred to table 7-20 on Page 4. He asked for clarification on the detached single family home use requirements that are being proposed. He stated that he hoped the County was not reducing the requirements for an agriculture PUD that is actually doing a suburban development in a rural area. Robert Nix, Growth Management Director stated that in the Ag PUD the lots would pretty much be 1 acre or less. He referred to the sentence that read unless the lots are located in an agricultural zoning district and are part of an agricultural operation or the lots connect to an unpaved county road. Commissioner Coward stated that they needed to make a clear distinction. There is existing rural agricultural land owners, who want the ability to put homes on there property for family members. If there are speculative developers buying up property in the west and are wanting to do sprawling subdivisons, the last thing the County should do is reduce the requirements for them to make it cheaper for them to carve up the land and create suburban sprawl. Robert Nix, Growth Management Director stated that if it is a household on an agricultural operation it would not make sense to impose these requirements. He stated that the rural subdivisions that connect to unpaved county roads, there is a threshold beyond which the County Engineer won’t approve them. Commissioner Coward requested that it be made clear. Robert Nix, Growth Management Director stated that they could ad, Ag PUD’s must meet the detached single family dwelling unit on lots 1 ½ acres or less or an Ag PUD. Commissioner Coward stated that it should be tied back to the Ag PUD section of the Code. He stated that he wanted to make it clear that they are talking about individual agricultural lots and not the larger subdivisions. Robert Nix, Growth Management Director referred to Page 5, for the resort hotel, which is a new classification. The parking requirement has 1.4 spaces per room plus required parking for any other uses located on this site located in separate buildings. He stated that it had been recommended that this be removed. Commissioner Coward stated that one thing that was trying to be accomplished with this ordinance was to reduce excessive parking. The Smart Growth Advisory Committee put a lot of effort into working with staff. Then they went to Planning and Zoning and in many cased Planning and Zoning increased those numbers. He requested that the Board be informed of any requirements that are being increased from what they were. Robert Nix, Growth Management Director stated that increases would be based on recommended standards. He referred to Nursing and Convalescent Homes, on Page 5. It went from .25 to .45 spaces per bed. This did increase. Commissioner Craft asked if there were issues with parking in these types of facilities. Robert Nix, Growth Management Director stated that this would have been based on the advise of the Smart Growth Advisory Committee. Commissioner Grande stated that he thought the increase was based on the advise of the Smart Growth Advisory Committee. 5 Robert Nix, Growth Management Director stated that he did not recall if the Smart Growth Advisory Committee did this specific one. He stated that staff had not disagreed with any recommendations by the Smart Growth Advisory Committee. Robert Nix, Growth Management Director referred to Page 6, Shopping Center. He stated that there are 3 spaces per 1,000 sq. ft. plus one space for 1,000 sq. ft. for overflow parking. The overflow parking would use service using grass pavers or pervious paving material compatible with shopping center landscaping. This is an ITE standard. He stated that under the free standing discount store it used to be 5 spaces per 1,000 sq. ft. and it had been reduced to 4 spaces per 1, 000 sq. ft. Skating Rinks and health, fitness clubs were increased. Commissioner Smith referred to section number 7.06.02, B,2, to require the off-site parking facilities serving a building to be located within 600 feet from a building (approximately a two and a half minute brisk walk.) He asked if 600 feet was to far away, to walk in, Florida heat. Robert Nix, Growth Management Director stated that this is as far away as they would want it to be. If you look at standards that have been published, half of the population would not walk further than this. Robert Nix, Growth Management Director referred to Page 7, supermarkets, free standing. He stated that there is parking for rural sites within the urban service and sites within walkable urban centers. This is a reduction across the board. On rural sites you have 2.5 spaces per 1,000 sq. ft. In the urban service area you have 4.7 spaces per 1,000 sq. ft. plus ,.5 space per 1,000 sq. ft. for overflow parking. The overflow parking is pervious surface. In walkable urban centers it is 3.2 spaces per 1,000 sq. ft. Commissioner Craft asked what Super Walmart would be classified as. Robert Nix, Growth Management Director stated that it would be classified as a free standing discount store, which is 4 per 1,000 sq. ft. Commissioner Craft asked why they would need more parking than a grocery store. Robert Nix, Growth Management Director, stated that they have more traffic. Robert Nix, Growth Management Director referred to Page 7, Banks. He stated that banks have requirements based on whether they are walk through or drive up banks. He stated that the requirements for walk up banks had been reduced. He stated that the Suburban drive in/walk in banks have 5 spaced per 1, 000 sq. ft., which is the equivalent of the current standard. He stated that walk in banks generate more traffic. Robert Nix, Growth Management Director, referred to Page 8, fast food restaurants. He stated that the parking requirements are the same without the drive through window. The parking requirements are higher with a drive through window because they generate more traffic. He informed the Board that the requirements for golf courses and marinas were new. General office buildings requirements were reduced from 5.0 spaces per 1, 000 sq. ft. to 3.5 spaces per 1,000 sq. ft. Robert Nix Growth Management Director, referred to Page 9, He informed the Board that there was no standard in place prior to this for Industrial parks and manufacturing. He stated that general industrial requires 2.0 spaces per 1,000 sq. ft. for less than 100,000 sq. ft. and 1.0 spaces per 1,000 sq. ft. for more than 100,000 sq. ft. The industrial parks require 1.85 parking spaces per 1,000 sq. ft. He stated that the manufacturing now does 1.2 spaces per 1,000 sq. ft. instead of 2.0. Robert Nix, Growth Management Director referred to Page 8, libraries. He stated that this should have been stricken through. Bowling alleys, stadiums, racetracks, and related uses and bingo parlors did not change. 6 Doug Anderson, County Administrator stated that stadiums did change. He stated that stabilized grass parking was stricken through and changed to pervious paving systems permitted in subsection 7.06.01(D). He stated that stabilized grass parking has been used for years at Tradition Field and the South County Regional Football/Soccer Stadium. Robert Nix, Growth Management Director, stated that grass paving systems is listed as one of the approved materials. The County Engineer would be publishing what would be permitted there. Normally grass paving systems are used with a low baring mat that is put under them, which would provide a pervious surface. Typically, when there is a lot of traffic using a facility, and you stabilize the ground with grass, it tends to get torn up, especially when it rains. Commissioner Coward suggested that the grass language be left in this particular category. Commissioner Lewis stated that the paved parking at the stadium was not 25% of the parking. She asked if the language was going to read stabilized grass parking and pervious paving systems permitted. Doug Anderson, County Administrator asked if regional parks were covered under this. Robert Nix, Growth Management Director stated that they do not fall in this list. He stated that these types of facilities are in a separate listing by code. Robert Nix, Growth Management Director referred to Page 16, number 6, context sensitive parking. He stated that there was a concern by the Public Works Department, County Engineer whether this could be read to permit by right on street parking. He stated that this is intended to give a credit when it is there. He stated that they would add a couple of sentences that say all on street parking proposed with any public right of way shall require the issuance of the right of way use permit by the County Engineer, prior to any land clearing or construction of pavement marking, which ever comes first. He stated that they also added a statement to say that this section does not authorize on street parking in public right of way, but only gives credits for the reduction of on site parking when properly approved. Commissioner Grande referred to page 11. Robert Nix, Growth Management Director stated that the Planning and Zoning Commission disagreed with the 9 ft. width, under B.1.A., design standards. He stated that they feel that the County should keep 10. Commissioner Grande stated that under standard and angled he would like to see 10 feet X 18 feet. Robert Nix, Growth Management Director stated that it is important that a vehicle be able to maneuver in and out of a parking space. The ITE minimum standard is either 8 or 8 ½ ft. It was the consensus of the Board to have the parking stall be 10 ft. Commissioner Coward referred to the discretion that had been given to the Growth Management Director. Robert Nix, Growth Management Director stated that there had been some limited discretion provided on page 2.B. It states that the Growth Management Director’s authority to grant administrative relief as provide in this subsection shall be limited to a maximum reduction of 10% of the minimum required standard. Commissioner Coward also requested that some language be added in this section to give the Board some flexibility for protection of environmental resources or other issues of importance. 7 Commissioner Grande stated that if the tree is there it should be saved, however there should be the right number of parking spaces for the number of units and the right number of units for the parcel. If there are 6 trees that need to be saved then there should be fewer units not parking spaces. Commissioner Smith stated that there should be incentives for individuals that rely on public transportation. Commissioner Coward suggested that a developer be rewarded by creating a transit stop. He suggested that language should be added for superior design that protects natural resources or promotes public transit, the Board has additional discretion. Commissioner Smith stated that this would be a great start. However, the County needs to encourage ridership. Commissioner Grande stated that he would agree if we were in an urban area. He also voiced his concerns with the temperature and the average age of the individuals here. Commissioner Craft stated that it is the Boards job to manage growth in a smart way. Commissioner Coward stated that the connection between parking and transit is supply and demand. Commissioner Lewis stated that this should be discussed in a workshop setting. The transit system is not to the point where the County would need it to be. Commissioner Craft stated that he agreed with allowing the 10% to the Growth Management Director’s authority to grant administrative relief as provided in subsection 7.06.00.B. Commissioner Coward stated for both size and number of spaces. He stated that if it is a site plan issue it should come before the Board and not be at the discretion of the Growth Management Director. If it is to save a tree then the Growth Management Director should be allowed to make that type of decision. Commissioner Grande stated that he would give the Growth Management Director the ability of 10% at his discretion for the number of spaces. He would much rather see a reduction in space size come before the Board. Dan McIntyre, County Attorney suggested that staff draft language and continue the hearing. Commissioner Grande requested that Board approve the proposed changes and bring back that one issue. Commissioner Lewis stated that she had no problem continuing the one issue. Commissioner Coward requested that this be handled this evening. He stated that all that is being discussed is providing discretion to the Growth Management Director and the Board. Commissioner Grande stated that he would like to give the 10% staff discretion for the number of spaces, but he would like to see recommendations relating to size come back to the Board. Commissioner Coward stated that there needs to be flexibility given to staff and to the Board. He suggested that it state that there is discretion within certain parameters that the staff and the Commission has for certain reasons. 8 Commissioner Craft stated that the parameters would need to be established. He asked if it was site plan, environmental. Commissioner Coward asked if the Board could think of anything beyond protection of environmental resources, promotion of public transit or superior site planning. Robert Nix, Growth Management Director stated that these were pretty common things. He did add unusual site configuration. th Dan McIntyre suggested some language. In paragraph B, second paragraph at the end of the 4 line were it says numeric he suggested they add the word or size. 3 lines down from that were it says standards of review set out to the number or size of parking spaces. He suggested adding a sentence to read: in addition the Board may grant specific additional relief from the parking standards due to environmental consideration, mass transit considerations and superior design considerations as determined by the Board. The Board stated that they were comfortable with the language. Faye Outlaw referred to Page 6 under medical and dental offices. Robert Nix stated that it was 7.0 spaces per 1,000 sq. ft. of gross floor area. PUBLIC COMMENT Pam Hammer addressed the Board. She stated that the Planning and Zoning Board had extensive discussion on the width of the parking spaces. She was in favor of leaving the width at 10 ft. An unidentified member of the public addressed the Board. He informed the Board that he was a member of Smart Growth. He requested clarification relative to the detached single family homes. He stated that the 2 spaces per dwelling unit did not include the garage spaces. Robert Nix, Growth Management Director stated that it was no longer in the ordinance. An unidentified member of the public stated that it was under table 7-20. Commissioner Coward stated that as the issues are raised that they be addressed. Commissioner Smith stated that it would be changed to 2 parking spaces per dwelling unit in addition to the garage parking. An unidentified member of the public stated that it would carry over to multi family as well. Commissioner Grande stated that what ever the parking requirement is for the multi family, the garage spaces should count. Commissioner Coward stated that there were additional provisions for guest parking that are not in single family. An unidentified member of the public stated that Smart Growth had discussion about the number of spaces. At this point it indicates 1 quest space per 10 dwelling units. He addressed the 9X18 size of the parking space. He stated that they had recommended 10 to try and reduce the amount of paved space. Commissioner Coward stated that the ordinance states that there be 2 quest spaces per 10 dwelling units. 9 Robert Nix, Growth Management Director stated that the standard would be 1 space for 10 units. Commissioner Grande asked what it was before. Robert Nix, Growth Management Director stated that this was added language. It was the consensus of the Board to leave the language at 1 space for 10 units. An unidentified member of the public addressed the Board. He asked if the pervious parking with stabilized grass parking would count as open space. Robert Nix, Growth Management Director stated no. An unidentified member of the public stated that the inclusion of the context sensitive parking is a good move along with the section for shared parking. Francus Demarcus addressed the Board. He stated that he was in favor of the 10 ft. parking spaces. Dan McIntyre, County Attorney referred to 7.08.01.B where the changes were made to the Boards discretion. He stated that this section only pertained to existing uses and changes in uses. He stated that it seemed that the Board wanted to go beyond this and apply administrative relief beyond changes and use in existing uses to new development. He suggested that a paragraph F be added for administrative relief. It was moved by Commissioner Grande and seconded by Commissioner Lewis to approve the changes to the proposed parking ordinance 07-015 as discussed by the Board and amended; and upon roll call motion carried unanimously. 5D GROWTH MANAGEMENT Application of Willow Lakes, LLC, Midway Properties, LLC, and Red River, LLC, for a Development Order for the Provences Development of Regional Impact. (File No.: DRI – 06-01) – The Board approved staff recommendation to continue the public hearing until after the Planning and Zoning Board transmits their recommendation to this board regarding the Provences DRI in accordance with Section 12.02.01 (C) of the St. Lucie County Land Development Code. Robert Nix informed the Board that the dates for the Public hearings would be August 21, 2007 and September 18, 2007. PUBLIC COMMENT There was no Public Comment It was moved by Commissioner Grande and seconded by Commissioner Coward to approve the continuance of the Public Hearing to August 21, 2007 and September 18, 2007; and upon roll call motion carried unanimously. END OF PUBLIC HEARINGS 6. UTILITES Establishment and adoption of Resolution 07-154 authorizing the adjustment of water, wastewater, and reuse utility rates, fees, and charges for customers within the St. Lucie County Water and Sewer District – The Board approved staff recommendation to approve the adoption of Resolution 07-154 authorizing the adjustment of water, wastewater, and reuse utility rates, fees, and charges for customers within the St. Luce county Water and Sewer District. 10 Laurie Case, Utilities Director informed the Board that the utility bills mailed May 1, 2007 included the 2007 price index and the effective rate increases adopted by FPUA. In addition FPUA did adopt increase for September 1, 2007. Commissioner Grande asked if there was a change to South Hutchinson Island. Laurie Case, Utility Director stated not at this time and it would be coming back. It was moved by Commissioner Lewis and seconded by Commissioner Smith to approve Resolution 07-154; and upon roll call motion carried unanimously. UNAGENDAED ITEM Resolution No. 07-177 – Temporarily rescinds Resolution No. 98-160, which required the Constitutional Officers to submit a tentative budget for their respective offices by May 1 of each year and allow them to submit their tentative budgets by June 1, 2007 for Fiscal Year 2007-08 only. It was moved by Commissioner Grande and seconded by Commissioner Smith to approve Resolution No. 07-177; and upon roll call motion carried unanimously. Commissioner Smith stated that Zora Fest was a wonderful time. Commissioner Coward stated that some of the Board’s appointees are not regularly attending various Committee. He gave staff direction to go back and revisit attendance records and give an update to the Board. CONSENT AGENDA 1. WARRANTS Approve warrant list No 30. 2. COUNTY ATTORNEY A. Revocable License Agreement – Peoples Gas Systems, Inc. – Glades Cut-off Road – The Board approved staff recommendation to approve the Revocable license Agreement with Peoples Gas System, Authorized the Chairman to execute the Agreement and directed Peoples Gas System, Inc. to record the Agreement in the Public Records of St. Lucie County, Florida. B. Resolution No. 07-166 – Extendign State of Emergency – Ban on Open Air Burning in St. Lucie County – The Board approved staff recommendation to approve Resolution No. 07-166 and authorized the Chairman to sign the Resolution. C. BudgetAmendment #BA07-055 requesting the transfer of $65,000 from Contingency (Account #001-9910-599100-800) to Professional Services (Account #001-1410-531000-100) – The Board approved staff recommendation to approve the transfer of $65,000 from contingency to Professional Services as requested. D. Extension of Declaration of State of Local Emergency – Indian River Drive – The Board approved staff recommendation to approve the Declaration and authorized the Public Safety Director to sign the Declaration. E. First Amendment to Interlocal Agreement with the City of Fort Pierce – Broadcast of City Meetings – The Board approved staff recommendation to approve the first Amendment and authorized the Chairman to sign the Amendment. F. Celebration Pointe – Road Improvement Agreements – Jenkins Road, Peterson road and Swain Road – This Item was pulled. G. Decommissioning Floridian Aquifer Wells at the St. Lucie County International Airport – Agreement with Treasure Coast Resource Conservation and Development Council, Inc. – The Board approved staff recommendation to approve the proposed agreement with Treasure Coast Resource Conservation and Development Council, Inc. and authorized the chairman to execute the agreement. th H. South 25 Street Roadway Widening – Midway road to Edwards Road – Temporary th construction Easement – South 25 Street, LLC – a/k/a Oak Alley Office Park and Oak Alley Residential – Resolution No. 07-170 – The Board approved staff recommendation to accept the Temporary Construction Easement, authorized the Chairman to sign Resolution No. 07-170 and directed staff to record the Temporary construction Easement in the public Records of St. Lucie County, Florida. I. Road Improvement Agreement with GT Greens, LLC – The Board approved staff recommendation to approve the Road Improvement Agreement with GT Greens, LLC and authorized the Chairman to sign. 11 3. PUBLIC WORKS A. Board approval of Federal Required Contract Provisions to be attached to existing bid document for all Local Agency Program (LAP) Projects through FDOT – The Board approved staff recommendation to approve of Federal Required Contract Provisions to be attached to existing bid document for all Local Agency Program (LAP) Projects through FDOT. B. Engineering Division – Indian River Drive Shoreline Restoration – Third Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing for a time extension in which all work shall be completed on or before December 31, 2007. No additional funding required – The Board approved staff recommendation to approve the third Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing for a time extension in which all work shall be completed on or before December 31, 2007. No additional funding required. The Board also authorized the Chairman to sign. th C. Engineering Division – SR 615 S. 25 Roadway Widening (Midway Road – Edwards Road) – Resolution No. 07-156 accepting $168,287.50 from the School Board of St. Lucie County to th accommodate the new high school at S. 25 Street – The Board approved staff recommendation to approve Resolution No. 07-156 accepting $168,287.50 and increasing the th budget for the SR 615 S. 25 Roadway Widening (Midway Road – Edwards Road), and authorized the Chairman to sign. 4. ADMINISTRATION Tourist Development Council Appointment – The Board approved staff recommendation to ratify the reappointment of Christopher Egan to the Tourist Development Council retro to February 2007. 5. PURCHASING Permission to negotiate fees with firms from Request For Qualifications #07-031, Central Services Engineering Services Continuing Contracts, and if negotiations are successful, to award contracts to the following firms: Engineering Discipline Firm Civil: 1. LBFH,k 2 Miller Legg, 3 C3GS, 4 Culpepper & Terpening Structural: 1. Jenkins & Charland, 2. ONM&J, 3. C3TS Mechanical-Electrical-Plumbing: 1. Sims Wilkerson, 2. TLC, 3. Kamm Environmental: 1. Miller Legg, 2. Dunkelberger Engineering & Testing The Board approved staff request to negotiate fees with selected firms from Request for Qualifications #07-031, Central Services Engineering Services Continuing Contracts, and if negotiations are successful, to award contracts to the successful firms, listed above and authorized the Chairman to sign the contracts as prepared by the County Attorney. 6. CENTRAL SERVICES Approve the purchase and installation of a new metal building at the Savanna Campground in the amount of $3,060.00 to replace the vending shed that was destroyed by Hurricane Jeanne – Approve Equipment Request #CSEQ07-313 – Remove the vending shed that was located at the Savanna Campground from the Capital Assets – The Board approved staff recommendation to approved the purchase of a new metal building (vending shed) in the amount of $3,060.00, for the Savanna Campground and approved equipment Request #CSEQ07-313. The Board approved removing the vending shed that was destroyed by the hurricane from Capital Assets. 7. INVESTMENT FOR THE FUTURE Approve the purchase of a video unit for video conferencing at the St. Lucie West Courthouse at a cost of $5,711.86 (cost includes software and extended warranty) – Approve Equipment Request #CSEQ07- 330 and Budget Amendment #BA07-057 – The Board approved staff recommendation to approve the purchase of a video unit for video conferencing at the St. Lucie West Courthouse at a combined cost of $5,711.86 (cost includes software and extended warranty), and approved Equipment Request #CSEQ07-330 and Budget Amendment #BA07-057. grant permission to negotiate with the top six firms: H.W. Lochner, Inc.; Infrastructure thereafter as the 12 8. PARKS AND RECREATION A. Elks Park Project – Approve Hennis Construction Change Order No. 1/C06-12-780 – the Board approved staff recommendation to approve Hennis Construction Change Order No. 1(C06-12- 780) in the amount of $34,121.71 for installation of two (2) new water lines (4” and 2”) and related costs to make provisions for concession/restroom sprinkler system at Elks Park. B. Transfer of Vehicle – The Board approved staff recommendation to approve the transfer of vehicle No. 49-1037 from the Code Compliance Division to Parks and Recreation and payment of $2,834.37 to Code Compliance. C. Approval to Piggyback the City of Jacksonville’s Contract with Bliss Products – Playground and Shade Structure – Lawnwood Complex – Approve Contract – The Board approved staff recommendation to a0pprove the request to piggyback off of the city of Jacksonville’s contract in the amount of $83,997.40 with Bliss Products and Services Inc. for Construction of a playground and shade structure at the Lawnwood complex softball fields located off of Quincy Avenue. The Board approved the contract/documents as drafted by the County Attorney and authorized the Chairman to sign. 9. UTILITIES Staff requests that Board declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the Work Authorization from LBFH, Inc. for the design to expand the North Hutchinson Island Wastewater Treatment Plant in the amount of $461,620.00 and approve Resolution #07-158 relating to the State Revolving Fund Load program and authorize the loan application and agreement – the Board approved staff recommendation to declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the Work Authorization from LBFH, Inc. for the design to expand the North Hutchinson Island Wastewaqter Treatment Plant in the amount of $461,620.00 and approved Resolution #07-158 relating to the State Revolving fund Loan program and authrozied the loan application and agreement. 10. PURCHASING Appointment of members to the Treasure Coast Community Services Tripartite Board for the St. Lucie/Martin/Okeechobee county Community Action Agency – The Board approved staff recommendation to re-appoint the current representatives: Barbara Felton and Darrell Drummond to serve an additional 3-year term (February 2007 to February 2010 as representatives for St. Lucie county to the Treasure Coast Community Action Agency board. There being no further business to be brought before the Board, the meeting was adjourned at 8:30 p.m. __________________________________ Chairman _________________________________ Clerk of Circuit Court 13