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HomeMy WebLinkAboutBOCC Minutes 08-07-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 7, 2007 Convened: 6:00 p.m. Adjourned: 10:00 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Charles Grande, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Robert Nix, Growth Management Director, Vanessa Bissey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (0:10:00) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held July 26, 2007, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS None 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the so called “Dead Zone” on the Florida Turnpike. He stated there should be speed limit enforcement in that area. He also addressed the T-Dock on the east side of Harbor Point where fishing tournaments will be held. He expressed his concern with the destruction of sea grass in the area. The County Administrator advised Mr. Arena the dock would be floating portable dock and at this time they are looking for another location where there would not be any sea grass. 4. CONSENT AGENDA (0:12:00) It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda as amended item C4D reducing the overall allowance by $11,100 as indicated by the Public Works Director, to include the additions, and item C2-D deleted, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 43. 1 2. COUNTY ATTORNEY A. Contract for Sale and Purchase Paradise Park Stormwater Improvements Winifred Holmes Liston- The Board approved the contract for sale and purchase with Winifred Holmesd Liston for the purchase price of $60,000 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. B. Contract for Sale and Purchase- Harmoney Heights Stormwater Improvements – Rhona S. Fromberg and Lynn W. Fromberg- The Board approved the contract for sale and purchase from Rhona and Lynn Fromberg for the purchase price of $19,600.and O Estate Management Corporation for $20,000, authorized the Chairman to sign the contracts and directed staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County, Florida. C. Indrio North Savannas- DoCouto and others Parcel –Settlement offer- The Board approved the proposed settlement offer of $135,000.00. D. Florida Communities Trust- Hackberry Hammock/FCT Project 05- 069-FF5- Option Agreement for Sale and Purchase Grimes/Langel- The Board approved the option agreement for sale and purchase of the Grimes/Langel parcel for $540,000 as shown on the map, 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. E. Permission to Advertise- Ordinance No. 07-045- Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service- The Board approved advertising Ordinance No. 07-045 for public hearing on September 11, 2007 at 9:00 a.m. or as soon thereafter as it may be heard. F. Permission to Advertise- Ordinance No. 07-047 Amending Section 1-7-8 to provide that the additional court cost of sixty five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act- The Board approved advertising Ordinance No. 07-047 for September 11, 2007 at 9:00 a.m. or as soon thereafter as it may be heard. G. St. Lucie County International Airport Runway 9L/27R- South Florida Water Management District Conservation Easement- The Board approved the proposed Deed of Conservation Easement to the South Florida Water Management District, and authorized the Chairman to sign the document. 3. PURCHASING 2 First Amendment to Contract C07-03-171- with R & S Integrated Products and Services, Inc., for Annual Maintenance Laser fiche Software Support- The Board approved the First Amendment to Contract C07-03-171 extending the contract through September 30, 2008 and authorized the Chairman to sign the amendment as prepared by the County Attorney. 4. PUBLIC WORKS A. Contract Extension – Second Amendment to Work Authorization No. 25 (C03-10-686) for professional soil testing services with Dunkelberger Engineering & Testing Inc. for the Gordy Road Recreation Area- The Board approved Work Authorization No. 25. B. Board approval of Joint Participation Agreement with the FDOT and Florida Ports Council for Taylor Creek Restoration Phase 3 Shoreline Stabilization and Resolution No. 07-234- FSTED’s contribution is in the amount of $975,000 towards an estimated total project cost of $1,300,000.- The Board approved the Joint Participation Agreement with FDOT and the Florida Ports Council and approved Resolution No. 07-234. C. Change Order No. 8 to with Dickerson Florida to decrease the contract amount ($717,084,.95) to eliminate street lighting-SR 615 th S. 25 St. Roadway Widening(Midway Road –Edwards)- The Board approved Change Order No. 8. D. Emergency Repair on Indian River at Eden Creek Lane- The Board approved waiving the formal bidding process due to an Emergency repair on Indian River Drive and awarded the construction contract to Johnson-Davis, Inc., in the amount of $49,000 and approved the Project budget as outlined by the Public Works Director. 5. PARKS REFERENDUM AWM Construction Inc. (C05-09-560) Change Order No. 1- Lawnwood Complex- The Board approved Change Order No. 1 to AWM Construction, Inc., contract in the amount of $93,369 increasing the contract amount to $390,469 and authorized the Chairman to sign and approved February 19, 2008 as the revised maintenance building project completion date. 6. PARKS AND RECREATION A. Purchase of two Sentinel Irrigation & one Kronos Clock- Equipment Request No. EQ07-350, EQ 07-351, EQ07-352- The Board approved EQ 07-350, EQ07-351 and EQ07-352. B. Purchase of OSHA approved Flammable Storage EQ07-353- The Board approved Equipment Request No. EQ 07-353. 3 C. Request for approval to serve alcohol at Maravilla Park- The Board approved the request to serve alcohol at the request of Maria Madrigal’s on August 12, 2007 during the Primera Communion that she is hosting. D. Repeal Resolution No. 06-020 Sports Policy/Approval of Resolution No. 07-222 Establishing Parks and Recreation Department Youth Sports “Provider” policy- The Board approved repealing Resolution No. 06-020 and approved Resolution No. 07- 222 establishing Parks and Recreation Department Youth Sports “Provider” policy and authorized the Chairman to sign the Resolution as drafted by the County Attorney. 7. GRANTS A. Staff requested the Board approve the submittal of an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $120,000 for the environmental and engineering assessment of four potential spoil sites and the engineering and permitting of a selected spoil site and acceptance of the grant if awarded. – The Board approved the submittal of the application to the Florida Ports Council and acceptance of the grant if awarded. B. Staff requested the Board authorize the submittal of a grant application to the National Endowment for the Arts, FY 09 Audience Development in the Literary Category requesting $30,000 to assist in the development of the 2009 Zora Fest, and acceptance of the grant if awarded- The Board approved the submittal of the grant application and acceptance of the grant if awarded. C. Staff recommended that the Board authorize the acceptance of a contract amendment from the Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and community Forestry grant Program providing an extension of the grant completion deadline from September 30, 2007 to April 30, 2008- The Board approved the amendment extending the completion deadline. 8. CENTRAL SERVICES Correction to contract number identified on July 3, 2007 Agenda Item No. CA-1 Correct Contract N0. C06-12-800/Dunkelberger Engineering & Testing, Inc., not Contract C07-05-259 as indicated- The Board approved the correction. 9. INVESTMENT FOR THE FUTURE Reallocate IFF funds in the combined amount of $203,331.00 and Jail Pod Renovation funds in the amount of $290,000 to accomplish additional Rock Rock Jail Improvements. 4 The Board approved the reallocation of the IFF Funds to accomplish the following improvements at the jail. 1. Repave parking lot, kitchen delivery and loading area. 2. Replace drainage pipes/make drainage improvements in inmate recreation yard. 3. Complete transport yard/area for inmate transportation to courthouse. ADDITIONS CA1. AIRPORT Acceptance of 95% grant from FAA in the amount of $1,300,000 and approve Budget Resolution No. 07-233 for Runway 9L/27RRunway and Taxiway Project- The Board approved the acceptance of the grant and Budget Resolution No. 07-233 and authorized the Chairman or designee to execute same. CA.2 ADMINISTRATION South Bend Estates- K-8 Proposed School Site- The Board approved sending a letter to the St. Lucie County School Board supporting partnering with the School District to acquire this site for a K-8 school and environmental preservation. The County Administrator advised the Board at this point they are committing $900,000 contingent upon receiving a match from the State. However it does not look as if the state will be providing the match. CA.3 COUNTY ATTORNEY Herman’s Bay Beach Access Release Letter of Credit- The Board approved releasing the letter of credit posted for Herman’s Bay Beach Access. CA.4 COUNTY ATTORNEY Diamond Sands Subdivision- Release of Original Surety Bond and Acceptance of Replacement Surety Bond- The Board approved the release of the original surety bond issued by Lexon Insurance Company for the Diamond Sands Subdivision improvements and accepted the replacement bond issued by AMS Surety Holdings Corp. REGULAR AGENDA 5.A GROWTH MANAGEMENT Consider the Petition of Top Branch LLC for a change in zoning from AG-1 to the RS-4 zoning district for 19.44 acres of property located on the east side of Emerson Avenue approximately 1.75 miles north of Indrio Road, on the southeast corner of the intersection of Emerson Avenue and Deland Avenue- Draft Resolution No. 07-122- Consider staff recommendation to approve Resolution No. 07-122. 5 Ms. Noreen Dwyer, Ruden McCloskey Law Firm addressed the Board on behalf of the applicant. Quasi- judicial All 5 Board members acknowledged having discussions with the applicant and their representative. Com. Smith questioned going to the Board of adjustment for a variance. Ms. Dwyer reiterated they were before the Board today to request a re- zoning. She advised the Board they would not require a variance in this re zoning. They have presented a site plan for review that would require a variance for the lot widths this particular site plan does meet the overall square footage required in the zoning district. Because of all the dedication of right of way and making the street connections and also accommodating the Stormwater retention area along Emerson, they will be requesting relief from the Board of Adjustment. Ms. Susie Caron, Indrio Road resident, addressed the Board in opposition to the project. Due to the many foreclosures in the county she could not imagine why the Board would consider such a plan. She believed the plan was not compatible and stated she felt we were giving density away for free. Mr. Jay Maycumber, Indrio Road resident, addressed the Board against the density on a road that is already stressed in his opinion. He also expressed his concern with the lots not being the average ¼ lot sizes. Com. Coward stated he believed the RS-4 zoning was appropriate based on the surrounding area. He felt the Board did not have the ability to judge a project based on the market conditions. The variance is not part of this issue and is not to be considered at this stage. Com. Grande stated he felt there was a need to discuss the issue of giving away density. He believes the problem is not with the applicant but with the Board and they need to have methodology in place to correct this today and felt it would be unfair to judge this application on this content. Com. Coward stated when the site plan comes back then they can get into a negotiations stage today’ s discussion is about this project being compatible with the surrounding area and he believes it is. Com. Craft stated he felt this zoning was not inconsistent with the area. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B PUBLIC WORKS Harmony heights MSBU Second Public Hearing Potable Water Improvements FPUA- Consider staff recommendation to adopt Resolution No. 07-232 to levy a non ad-valorem special assessment on the Harmony Heights Municipal Services Benefit Unit; approve the preliminary 6 assessment roll; amend the MSBU boundary and authorize staff to proceed with construction of the project. Ms. Mini Peterson, area resident sent a letter in opposition to her being assessed for the project. She does not oppose the project in general. Ms. Carol Cintonz, area resident, addressed the Board and stated she could not afford the cost of this project. She advised the Board she previously had a discussion about the affordability of the project with someone after receiving a letter and this person advised her she did not have to worry about it. She was told she did not have to pay the assessment. Due to that comment Ms. Peterson did not meet the deadline to apply for the SHIP assistance. Com. Smith disclosed owning property and having relatives in the area. The County Attorney advised the Board there is no conflict with this issue. Com. Craft advised her she could work with staff and fill out the SHIP application and see what they can do. Mr. Tommy Effen, Harmony Heights resident, addressed the Board and expressed his concern with the affordability of the assessment and the deadline for some area residents. He advised the Board he had contacted various residents and advised them of the SHIP program. It was moved by Com. Smith, seconded by Com. Coward, to approve Resolution 07-232, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (108:00) Petition of Lotux Investments LLC for the development of 78 dwelling units on 10.38 acres, consisting of 12 single family homes and 66 multi family dwelling units- Consider staff recommendation to approve Resolution No. 07-129 granting Final Planned Unit Development Site Plan approval and rezoning the Planned Unite Development for the project to be known as Estancia PUD subject to limiting conditions. Com. Coward requested clarification on the road contribution, i.e. signalization of Cortez and what is the actual contribution to be made by this developer. The applicant advised the Board there is a conflict of the traffic study by their engineer and the study done by Kimely Horn and requested a continuance to attempt to reconcile the two reports. The Growth Management Director requested a 60 day continuance for advertising purposes and so that they can attempt to work out the issue. It was moved by Com. Lewis, seconded by Com. Grande to continue this item on October 2, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 7 5.D GROWTH MANAGEMENT (1:15:12) Application of Plantation Acres, LLC for Final Planned Unit Development Site Plan approval for the development of 46 single family dwelling units known as Plantation Acres PUD, Draft Resolution No. 07-040- Consider staff recommendation to approve Exhibit 1, Draft Resolution No. 07-040, which would deny Final Planned Unit Development Plan approval for the project to be known as Plantation Acres PUD. Staff has determined that as proposed, the Final Planned Unit Development Site Plan submitted by the applicant and dated 27, 2007 has not satisfied the conditions of approval set forth at the April 18, 2006 BOCC hearing for Preliminary PUD Site Plan approval. Staff has determined that this petition does not meet the standards of review as set forth in Sections 11.02.05B and 11.02.10B of the St. Lucie County Land Development Code and has been found to be in conflict with the goals, objectives and policies of the St. Lucie County Comp Plan. Should the Board determine that this petition meets the standards of review in Sections 11.02.05B and 11.02.10B of the St. Lucie County Land Development Code, and the required purposed of the Planned Unit Development design as per Section 7.01.01 of the County’s Land Development Code, staff has provided an additional Draft Resolution 07- 40B with conditions of approval attached hereto as Exhibit No. 2 for the Board’s consideration. Staff advised the Board of the key issues: Right of way on Lemonwood Road, applicant agreed to an additional 10ft. of right of way along this road on their side towards an ultimate 70 ft right of way. The issue is the process of the improvements to Lemonwood Road and how they would occur. The applicant presented staff with a proposal to go ahead and complete the construction of this road from the west end of parcel one to the east end of parcel one along the northern boundary. This information came in this afternoon. Connectivity of Country Village Road, paved access to the project Koblegard to Indrio Road, identification of future road connection on the final plat, payment of fair share contribution for roadway and infrastructure improvements and this is the signalization of Indrio and Emerson. The flow way connectivity, the use of roads and the flow way path used by public with maintenance by the homeowners association. There is some language that would need to clarified in the information obtained. Com. Coward stated they needed more discussion on the intersection of Indrio and Emerson. He asked if Emerson Estates goes belly up, don’t they have certain obligations to meet and if they do not, do they lose their vesting. The Growth Management Director addressed Com. Coward’s question and stated according to the new ordinance with regard to concurrency, they’re are only vested for 3 years. In the agreement it would depend on the language the Board approved in the agreement. Staff advised the Board there isn’t adequate right of way at Koblegard to build it to county standards. Until they show sound agreements from the 8 property owners willing to give the right of way the project cannot be approved because it does not meet concurrency according to the state. The County Attorney stated payback is required back to the county and this was implemented in the 1990’s, right of way would need to be acquired before approval. Mr. Brad Curry, applicant, addressed the Board on the continuance and requested he be given the opportunity to present his power point. Com. Smith stated he advised the applicant previously that he was not comfortable going forward with the issue with all the questions requiring answers. He also commented on the staff report where it stated the applicant refused to respond to staff’s questions. He stated in is not interested in a continuance due to the fact the applicant has not answered the 23 concerns. He would be more interested in an up or down vote. Com. Grande stated he was disturbed with the approach taken by the applicant as far as coming in today the last day with 2 updates and are hoping to be weighed into the decision process, he does not believe they should be doing business in this manner. Com. Lewis stated she had met with the applicant and was under the impression there were 6 issues remaining she was more inclined to continue and listen to the presentation. Com. Smith asked if in fact there were only 6 issues remaining from the 23. Staff stated this was in fact correct most of the questions were resolved. This has been a process that has had many changes along the way and some at the last minute and staff has not had the time to appropriately review them. The Growth Management Director addressed the process and the mistakes that could occur with last minute submission of information. Com. Craft stated his concern is Koblegard Road and the recommendation to wait and not get plat approval until after the road was constructed. After listing to the County Attorney’s comments he felt very hesitant on this recommendation especially since this project does not meet concurrency and he would like to see this issue worked out before it comes back before the Board for consideration. Com. Coward stated he felt the PUD was the appropriate thing and he believes they should give the applicant a date certain that says you will respond to our staff issues by a date certain. He is not prepared to completely deny this project tonight. They are not increasing the density, they are incorporating the flow way and the roads. There have been adversarial aspects, but there have also been other issues to consider as well, he would like to see a continuance. 9 The applicant stated all 23 issues have come down to six and of those six it has come down to one and that is Koblegard Road and that is an opinion difference of staff and his opinion. Com. Craft recommended working with staff with regard to the right of way issue and also to create the language they are talking about and have the County Attorney review and make a recommendation to the Board if it is accurate. The applicant expressed his concern with the TVC deadline of August 16, 2007 and although he is not sure his project is relative to the TVC he would like a waiver of this deadline. The County Attorney recommended asking staff how long they would need to process this application. Staff stated it would also depend on how long the applicant would need and due to the other issues coming up with a deadline of December for transmittal, he recommended a date in the month of October. The County Engineer addressed the issues and stated they have had difficulties in bringing this project in with the TVC vision, the applicant is not cooperative in that manner. The applicant stated they were not aware the county was going to make the Country Village Road a requirement until last week. He believes they have done numerous things with the project to come in line with the TVC at all possible. They are proposing to have a 60 ft. right of way and the area behind lot 17 is common open space. Com. Coward stated he would like to see this issue of putting in the approach resolved and the connection made and would like to see this developer contribute toward the Bridge. He does not support $500,000 for 40 cars at a signal and would like to see a portion of that towards this contribution. The Assistant County Administrator stated in the meeting they had with the Board members on Friday and Growth Management staff has agreed, in looking at what was placed in the development order staff indicated they missed the signalization and felt it was not appropriate to have this developer contribute the $500,000. Staff thought it was a good idea to look at some type of contribution towards the bridge elevation. She stated if the Board is going to continue this, staff recommendation is to deny and she has not changed her position. She reiterated deadlines staff had to meet and stated if the Board is going to continue this item the applicant needs to work within that time frame. She requested the Board not put her staff through this process again, deny this application and let staff proceed with other projects. Com. Craft stated he did not believe they needed to pursue this connection. Com. Lewis concurred with Com. Craft. 10 Mr. Blanco, applicant addressed the Board and stated they had been working with staff and the Regional Planning Council to comply with all the guidelines and would like the Board to know they have indeed been working with staff on the issue. He stated some issues remain due to the TVC aspects and they are willing to consider these aspects. There are questions about the TVC and how it will be applied to these types of PUD’s. The County Engineer stated this was a critical location to extend the Blueway to the south. Com. Craft stated he believes the Board needs to give clear direction when it comes to the TVC. Mr. Jones stated the flow way connectivity issue needed to be addressed. Ms. Wood, TVC Planning Manager stated at this point she felt this was not the proper venue to discuss TVC application. They are working with the Regional Planning Council and meeting with applicants. Com. Coward asked for a consensus with regard to the need for the bridge and require they set aside dollars for that project so that they would not need to discuss this issue once again. The balance of the Board members concurred with the need. The applicant agreed to pay for the re-advertising of the public hearing. Mr. Sal (unintelligible last named) property owner on the east side of the project, addressed the Board regarding Koblegard Road and stated he was not sure how this would relate to his property. He has had discussion with Lennar Homes providing some property however he stated he needed to know where Koblegard Road would be going it seemed to him on the map it looked as if it would be going through his property. He stated all the planning in this intersection is dependent on someone making a decision. Com. Craft stated it would based on the State comments and the TVC requirements. After continued discussion, it was moved by Com. Grande, seconded by Com. Coward to continue this item for a date uncertain with a not to exceed time table of 6 months for the TVC requirements, and; upon roll call, the vote was as follows: Nay: Smith, Aye’s: Coward, Lewis, Grande, Craft; motion to continue carried by a vote of 4 to 1. 5.E GROWTH MANAGEMENT Petition of SP Recycling Corp. for a Major Adjustment to an approved Conditional Use Permit to allow for the operation of a Recycling Transfer Station in the IH zoning district located at 9901 Range Line Road. - Consider staff recommendation to adopt Draft Resolution No. 07-043 granting approval to the application of SP Recycling Corp. 11 Mr. James Finley, Director of operations addressed the Board on this issue and advised them of what the operation would entail. Mr. Philip Stickles, area resident, questioned the impact of the additional traffic on this road. Mr. Finley addressed Mr. Stickles concerns. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-043, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Ordinance No. 07-016 Amending Occupation License Fees to change the name to Business Tax and increase fees by 5% pursuant to Section 205.0535 Florida Statutes- This is the first of two public hearings – No action required at this time. The Asst. County Attorney advised the Board of a Scribiner’s error and advised the Board it is being corrected in this ordinance and the tax collector has collected the correct amount. 5G. GROWTH MANAGEMENT Petition of St. Lucie Oaks Commercial LLC for Preliminary Planned Non- Residential Development Site Plan approval on a parcel of land consisting of 4.64 acres with an existing PNRD and CG zoning district designation limiting the site to a maximum of 36 guest units/acre and a Future Land Use designation of Commercial to PNRD for the development of a four-story eighty eight room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet and an office building consisting of 9,008 square feet located on 4.64 acres. Draft Resolution No. 07-002- Consider staff recommendation to approve Draft Resolution No, 07-002 granting Preliminary Planned Non-Residential Development Site Plan approval with limiting conditions. Mr. Bob Burson representing the applicant addressed the Board accepted the recommendation as stated. Mr. Morris Grady, VP Lucido and Associates, addressed the Board and reviewed the conditions which have already been met. They have received the Environmental permits and also have posted a sign for the contractors with regard to the Indigo snakes in the area. They have allocated 25 Oak trees, 18 feet high for the project/ Ms. Pam Hammer, Reserve resident, addressed the Board and thanked the developer for the work done on the curbs. She had previously expressed concerns on the curb cuts in and out of the project. 12 Quasi –Judicial All the Board members acknowledged having contact with the applicant on this project. It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 07-002, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT Application for a Major Adjustment to an existing Conditional Use to relocate a ditch at the St. Lucie County International Airport- Consider staff recommendation to approve Draft Resolution No. 07-139 granting a Major Adjustment to the Existing Conditional Use with limiting Conditions. It was moved by Com. Smith, seconded by Com. Grande to approve Resolution No. 07-139, 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 the Circuit Court 13