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HomeMy WebLinkAboutBOCC Minutes 10-16-2007 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 16, 2007 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande, absent Others Present: Doug Ande4rson, County Administrator, Faye Outlaw, Asst. County Administrator, LeeAnn Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Kara Wood, TVC Planning Manager, Mark Satterlee, Growth Management Director, Kristen Tetsworth, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Lewis, seconded by Com. Smith, to approve the minutes of the meeting held October 9, 2007, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS None 3.GENERAL PUBLIC COMMENTS Ms. Anita Prentice, SLC Cultural Affairs and Arts in Public Places, addressed the Board th regarding an upcoming event scheduled for November 4 at the Ft. Pierce Community Centre featuring the ” Highwaymen” art. Ms. Ethel Rowland, Ft. Pierce Florida, addressed the “War on Drugs” and asked the Board to recognize that this is a growing problem in our communities. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the Indian River Lagoon “Muck”. Mr. Pat Persutti, President of the Youth Club Baseball and Vice President of Little League addressed the Board regarding the fee being charged for them use the baseball fields for practice. He also stated he was in support of item C7A. Com. Smith requested discussion on item CA.1 and questioned the “Funding” portion of the October 16, 2007 memo issued by the County Administrator. He alluded to the $114,424 dollars of the costs for the wiring and equipment needed and the funds being eligible to be paid out o the Court Technology Fund. The County Administrator advised Com. Smith that in speaking with the Clerk of Courts, he had mentioned these funds were designated for a technology center next year. He asked Mr. Fry if the County could borrow the funds and the Clerk replied it was the responsibility of the Board to fund these projects. The County Administrator advised the Board, the funds would be allocated from the Court Facilities Trust Fund administered by the Board. 1 Com. Smith alluded to the memo from the Clerk of Court dated September 28, 2007 regarding the Clerk’s building data needs. He questioned the paragraph where it indicated that until the Clerk knows what he will have in data connections that are required for his employees to perform their work, he would need to keep the employees where they are currently located. He has a problem with the Clerk not being willing to contribute towards a building he would be utilizing. The County Administrator advised Com. Smith due to the Clerk’s building not being completed as expected they are requesting an extension of the lease for the Orange Blossom Business Center for a period of 6 months. However, he is not sure which of the Clerk’s employees will remain or why they will be located at the Depot Drive Center and for how long. Com. Craft stated he had a problem with the fund not coming from where he felt they should be coming from, there wasn’t a compromise and felt this should have been part of the original contract. Com. Smith stated he had a problem with the fact the county would pay for this rental space and could not go along with it. He was comfortable with all the Clerk’s employees moving into the new $11 million dollar building built by the county for the Clerk. He advised the County Administrator that he would be going along with item CA1 today, however if in the future a bill comes through for rental space for the Clerk after the building is opened, he would like for the issue to come before the Board as a regular agenda item. The County Administrator advised the Board of the project being behind schedule as it is and the fact that the contractor for the data system stated they had another job they would go to if this project was put on hold. Com. Coward recommended moving forward with this project however, he requested the Clerk provide information as to how he will be utilizing the Court Technology funds and what his vision is for the near future. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows; Nay: Craft; Aye’s: Smith, Lewis, Coward, motion carried 3 to 1 with Com. Grande absent. Com. Coward advised the County Administrator and the balance of the Board he had reservation about the minimum standards in the proposal as written in item C2-E and would require it being clear before moving forward. 4. CONSENT AGENDA It was moved by Com Smith, seconded by Com. Coward to approve the Consent Agenda to include his request on item C2-E, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 54 and 2 2.COUNTY ATTORNEY A.Volo Holdings Ft. Pierce LLC- The Board approved the Hangar Sublease Agreement with Whitcomb Leasing, LLC. B.Air Charter of Florida, Inc.- Transfer of Controlling Interest to Martin Mobarak- The board approved the proposed transfer of the controlling interest in Air Charter of Florida, Inc. to Martin Mobarak. 2 C.St. Lucie County Logistics Center- Facilities Use Agreement with WPSL Christmas Kids- The Board approved the Facilities Use Agreement with WPSL Christmas Kids and authorized the Chairman to sign. D.Second Amendment to Lease from Orange Blossom Investment LLC Clerk of the Circuit Court- The Board approves the Second Amendment to the Lease from Orange Blossom Business Investment LLC and authorized the Chairman to sign. E.Permission to advertise Ordinance No. 07-051- Amending Chapter 1-2.3 (Airports and Aircrafts) - The Board approved advertising proposed Ordinance No. 07-051 for public hearing on November 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. 3.ENVIRONMENTAL RESOURCES Request the Board approve Amendment No. 1 to the Cooperative Agreement for the Teague Hammock Restoration, Contract # 66-4209-5-112 with the United States Department of Agriculture- Natural Resources Conservation Service to document the roles and responsibilities of both parties and authorize the Chair to sign the amendment- The Board approved Amendment No. 1 and authorized the Chairman to sign the amendment. 4.PUBLIC WORKS A.Engineering Division- First Amendment to Work Authorization No. 11 to the Consultant Agreement for Coastal Engineering Services with Taylor Engineering, Inc., for Indian River Drive Revetment Repair/Replacement Feasibility Study- This item is strictly for a time extension through June 30, 2008- The Board approved the First Amendment to Work Authorization No. 11 and authorized the Chairman to sign. B.Engineering Division- Oak Alley Subdivision- Final release of surety in the amount of $1,894,586.00- The Board approved the final release of surety in the amount of $1,894,586 for Oak Alley Subdivision and authorized the Chairman to sign. 5.GRANTS The Board authorized the submittal of a request to the FDEP, Florida Renewable Energy Technologies Grant Program for funding in an amount not to exceed $2,500.00 to assist with engineering for design and permit preparation, and the cost of equipment to mine the existing landfill. 6.AIRPORT The Board approved the Second Amendment to Work Authorization No. 3 for Kimley Horn to provide consultant services to prepare an environmental assessment and Environmental Resource Permit for the fixed base operator site development decreasing the total cost from $93,794 to $60,949.99 and authorized the Chairman to execute the same. 7.PARKS AND RECREATION A.Resolution No. 07-303 and Resolution No. 07-304- Amendment to St. Lucie county Parks and Recreation Department Youth Sports ‘PROVIDER” Policy- SLC Youth Baseball Travel Teams- The Board approved Resolution No. 07- 3047 adopting the St. Lucie County Youth Baseball Travel Teams guidelines. 3 B.Request for approval to serve alcohol at Maravilla Park- The Board approved the request of Jesus Morales to serve alcohol at Maravilla Park on October 28, 2007 during a baptism he is hosting. ADDITIONS CA-1. ADMINISTRATION Clerk of Courts Building- Technology Costs/Security Costs- This item was pulled for separate vote. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY Ordinance No. 07-054- Water Conservation Plan- This is the first of two public hearings on Ordinance No. 07-054. The second public hearing will be on November 20, 2007 6:00 p.m. or as soon thereafter as it may be heard. Com. Coward requested the deletion of the sentence (under penalties) where it states those not complying with the water conservation restrictions will be incarcerated. No action necessary. The second public hearing is scheduled for November 20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. 5.B GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island for a Text Amendment to the Land Development Code, Planned Mixed Use Development Section 7.03.03 Standards and Requirements for a 9.44 acre tract of land within the MXD Grande Beach Mixed Use Activity Area on the future land use map (Ordinance No, 07-032) - Consider staff recommendation to schedule the second required public hearing on this matter on November 6, 2007 at 6:00 p.m. or as soon as possible thereafter. Mr. Bobbi Klein, Klein and Dobbins, attorney for the applicant was present to answer any questions the Board or the public may have. QUASI-JUDICIAL Com. Craft acknowledged meeting with the applicant Com. Lewis acknowledged meeting with the applicant Com. Smith acknowledged meeting with the applicant Com. Coward stated he had not met with the applicant but had contact with the landscape architect. Com. Grande was absent Mr. Bill Medina, resident of the Sands Condominiums, addressed the Board and objected to the Grande Beach project for the following reasons: 1. the number of units exceeds the 40% permitted 2. the 3 story buildings are not compatible with area homes 3. the disposition of the dock and land has not been resolved Mr. Jeff Mitchell 2118 Cameron Drive. He advised the Board Ms. Diane Andrews was unable to attend today due to the illness of her husband. She requested Mr. Mitchell advised the Board that in representing the North Beach Association, they were in favor of the project. 4 Mr. Mitchell addressed the variance and the commercial aspect of the project. He felt there would be lack of parking, and the fact there are no provisions for the signs on A-1- A for the project. He also expressed his concern with the hours of operation, the noise the restaurants may create and the noise the trash dumpsters will create. Mr. Robert Lowe, Real Estate Broker addressed the Board in support of the project. Mr. Nick Pacarraro, Riverwalk at the Sands resident, addressed the Board in favor of the project . He felt commercial is needed in the area for the tax base and approves of the design and urged the Board to approve this project. Mr. Paul Berg, area resident, addressed the Board with regard to the up to 70 units permitted. He believes this is an opportunity to discuss the percentage of the units and the commercial aspect of the project. He asked where they were going to move with regard to the residential space. He has not heard why they should move from the 40% from the developer. He stated they have a policy of 40% in the Land Development Code and the developer has not given the reason why this should be changed for his project. He stated he concurred with Mr. Mitchell’s concerns about the signage for project and the restaurant. Mr. Michael Reardon, Marina Drive resident, addressed the Board and stated his th understanding the developer agreed removing the 3 rd floor units of 4 building and this is why now he would support the project. Mr. Brian Combs, Atlantic Beach Blvd., resident, addressed the Board and stated they are not opposed to the mixed use, but they are opposed to giving the commercial property away to a developer. He is not opposed to a change if there is a compelling interest for the public. He believes if the Board does this for one they will have to do it for others. He felt the Board would be doing this for the developer for no valid reason. Com. Coward advised those present that the developer has up to 70 units and this does not mean there will be 70 units. The units must not have a negative impact on the neighbors. He would like to see their contribution made in full before he would approve the project. He would like to see the parcel that is publicly owned properly compensated or he will not vote in favor of the project. They have not received approval for those additional 14 units as yet. Com. Craft stated he believed the County Attorney stated they could not leverage dollars and/or other things to an approval. The County Attorney stated he did not recall the exact discussion, but he stated the Board has the ability to say yes or no to the abandonment .At that time the county’s ordinance was not the one currently that requires a privilege fee. Ms. Joan Miller, Real Estate Broker addressed the Board and stated many of those opposed to the project do not live in the direct vicinity of the project but in the south end. She believes the developer has gone out of his way to accommodate everyone and she urged the Board to approve this project. Ms. Nancy Spaulding, Marina Drive resident, addressed the Board and stated each project needs to be judged on it’s own merit. The site is presently in bad condition and she feels it will benefit the area. The North Beach Association is in favor and those living in the area are in favor because it is a good project for the area. Mr. Carl Williams, Marina Drive resident, addressed the Board and stated he lives the closet to the project and he believes this project will be a big plus for the area. Mr. Greg Simmons, Atlantic Blvd., resident, addressed the Board and stated he was not in favor of more than 40% . He too is a member of the North Beach Homeowners Association. The commercial retail space is very important to the area and he believes a lot of people will shop in the area. 5 Mr. Robert Tabor, 4201 N. A-1-A resident addressed the Board and stated he concurred with the mixed use. His only concern was the statement of “up to 70 units”. He requested the Board stay with the percentage that goes with the mixed use. Com. Coward addressed the zoning ordinance no one has utilized and stated it is not working. He believes there needs to be some flexibility and there are different issues this developer has to pass before approval. No action required, the second public hearing is scheduled for November 6, 2007 at 6;00 p.m. or as soon thereafter as possible. Com. Smith requested advising the petitioner of his ability to meet with the Board members before the final public hearing. 5.C GROWTH MANAGEMENT Consider staff recommendation to approve the application of Shannon Mayne for a Change in Zoning from the AR-1 Zoning District to the RS-4 Zoning District. Unintelligible name given by applicant. The applicant requested a favorable consideration by the Board. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Consider staff recommendation to adopt Resolution No. 07-132 as proposed and conditioned there in, granting approval to the application of Lois Barker for a Conditional Use Permit for the operation of an Auto Body Repair and Paint Shop in CG Zoning. Com. Coward requested an added condition stating the painting would be done in an enclosed unit. The applicant concurred with this condition. It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 07- 132 with the added condition, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Consider staff recommendation to adopt Resolution No. 07-246 granting an amendment to the Official Zoning Atlas to change the Zoning from the RS-4 to the RF zoning district to allow a church facility project known as Prayer Tower. Staff advised the Board they are requesting a continuance to the November 20, 2007 meeting. It was moved by Com. Coward, seconded by Com. Lewis, to continue this item on November 20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT Consider staff recommendation to adopt Resolution No. 07-240 granting a waiver from the provisions of Section 7.10.11 (A) of the St. Lucie County Land Development Code to allow for the on premises consumption of alcoholic beverages (beer and wine) as accessory to an eating establishment for the proposed restaurant to be located at 7125 S. U.S. Highway 1. 6 It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 07- 240, and; upon roll call, motion carried unanimously. 5.G GROWTH MANAGEMENT Modification or revocation of the Conditional Use Permit 92-009 as allowed under Resolution No. 92-254 for the Mellon Patch Inn located on 3601 N, Highway A1A . Staff recommends the public hearing be opened and continued. Mr. Steve Tierny, attorney for the applicant, addressed the Board and requested they move forward with the public hearing. The Chairman called for a motion. It was moved by Com. Smith, (at this time the Chairman passed the gavel to the Vice Chairman) seconded by Com. Craft to continue this item on November 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. At this time the gavel was returned to the Chairman and he assumed his position. 5.H GROWTH MANAGEMENT TVC Interim Land Development Regulations- Consider staff recommendation to approve Ordinance No. 07-055. Staff recommended a continuance to the November 20, 2007 meeting. Ms. Joan Miller, Real Estate broker addressed the Board and stated she was not a st proponent of the TVC from the 1 day. She had heard from many residents that they had concerns with property rights and this project. It was moved by Com. Coward, seconded by Com. Lewis, to continue this item on November 20, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. REGULAR AGENDA ADDITION RA.1 COUNTY ATTORNEY Western and Southern Groves DRI- Settlement Agreement- Consider staff recommendation to approve the Settlement Agreement and authorize the Chairman to sign the Agreement. The County Attorney addressed the settlement and reviewed the proposal as illustrated in the memo dated October 5, 2007. Com. Smith commented on the impact fee credit for the Regional Park and stated giving credit for a park that the city is going to get and maintain is not a benefit to all county residents it’s a benefit to the city and he has a problem with this. He does not want the people to say the county is not doing anything for the city residents. He felt the county does not have a presence in the city. The County Attorney stated this park serves regional needs and this is a facility the county will not need to provide in that area. 7 It was moved by Com. Coward, seconded by Com. Lewis to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Smith, Aye’s: Coward, Lewis, Craft; motion carried unanimously by a vote of 3 to 1 with Com. Grande absent. There being no further business to be brought before the Board, the meeting was adjourned. _____________________________ Chairman __________________________________ Clerk of the Circuit Court 8