HomeMy WebLinkAboutBOCC Minutes 11-11-2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: November 6, 2007 Convened: 6:00 p.m.
Adjourned: 1:50 a.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst.
County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and
Recreation Director, Don West, Public Works Director, Neil Appel, Purchasing Director,
Diana Lewis, Airport Director, Marc Satterlee, Growth Management Director, Vanessa
Bessey, Environmental Resources Director, Mike Pawley, County Engineer, Millie
Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the
meeting held October 23, 2007, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
None
3.PUBLIC COMMENT
Ms. Janet Faur, property owner near the Mellon Patch Bed and Breakfast addressed the
Board and read a letter into the record commending the Mellon Patch establishment.
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding energy needs.
Ms. Stacy Johnson, Indian River Drive resident, addressed the Board in favor of the 3
way stop sign being proposed at Indian River Drive and Walton Road.
Ms. Dickie Brooks, Jackson Way resident, addressed the Board and asked they not
support Florida Power and Light placing energy windmills on the beaches.
Mr. Richard Sinnet , Jamaica Avenue resident, addressed the Board regarding the
extension of Day Light Savings Time and the hazard it poses to the children going to
catch school buses in the dark. He requested the Board draft a resolution requesting
Congress not extend the time for eight months but continue to keep it at 6 months.
Staff was directed to draft the resolution for the Board signature and support.
Ms. Christy Mullet, Indian River Drive resident, addressed the Board in favor of the three
way stop sign at Indian River Drive and Walton Road.
Ms. Kay Ulf, Indian River Drive resident addressed the Board in favor of the 3 way top
sign on Indian River Drive and Walton Road.
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4.CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent
Agenda with items C4-F pulled and item CA-1 added, and; upon roll call, motion carried
unanimously.
1.WARRANT LIST
The Board approved Warrant List Nos. 56,4 and 5.
2.COUNTY ATTORNEY
A.Donation of Right of Way- Runway’s End Commerce Center- 30 ft on St.
Lucie Blvd.- The Board accepted the Warranty Deed, authorized the
Chairman to sign Resolution No. 07-314 and directed staff to record the
documents in the Public Records of St. Lucie County.
B.Lease of Dock and Parking Facilities to Smithsonian Institution- The Board
approved the lease and authorized the Chairman to sign.
C.Healthy Start Coalition of St. Lucie County Inc., and Kids Connected by
Design Inc.- Ninth Amendment to October 25, 1994 Facility Use Agreement-
The Board approved the proposed Ninth to the Facility Use Agreement with
Healthy Start Coalition of St. Lucie County, Inc. and Kids Connected by
Design and authorized the Chairman to sign the agreement.
D.General Services Administration- Supplemental Lease Agreement No. 2 for
Storage of Trailers at Fairgrounds- The Board approved the proposed
Supplemental Lease Agreement No. 2 with the General Services
Administration, and authorized the Chairman to sign the agreement.
E.Allied New Technologies, Inc.- Escrow Deposit Agreement- The Board
approved the Escrow Deposit Agreement and authorized the Chairman to sign
the agreement.
3.PUBLIC WORKS
A.Engineering Division- Midway Road PD&E Study- Third Amendment to the
Contract C03-12-802 with Calvin, Giordano & Associates, Inc., for a time
extension through June 15, 2008 in order to process invoices. There are no
funds associated with this request- The Board approved the Third
Amendment to Contract C03-12-802 and authorized the Chairman to sign.
B.Engineering Division- First Amendment to Work Authorization No. 5 to
Contract with Boyle Engineering Corporation - The Board approved the First
Amendment to Work Authorization No. 5 for Roadway and Intersection
Design- White City Drainage Improvement Project for Citrus and Saeger
Avenue for a time extension through December 31, 2007 and authorized the
Chairman to sign.
C.USGS contract for water quality monitoring at 5 Mile Creek- The Board
approved the contract with USGS in the amount of $17,448.00 and authorized
the Chairman to sign.
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D.Engineering Division- SR 615 S. 25 St.. Roadway Widening Midway Road-
Edwards Road- Seventh Amendment to Work Authorization No. 16 with
Dunkelberger Engineering & Testing, Inc. to provide additional soil testing
services in the amount of $100,000. All work shall be completed on or before
June 30, 2008. The Board approved the Amendment to Work Authorization
No. 16 and authorized the Chairman to sign.
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E.Engineering Division SR 615 S. 25 Roadway Widening Midway Road-
Edwards Road- Second Amendment to Work Authorization No. 1 (C03-05-
645) with Kimley Horn and Associates- The Board approved the Second
Amendment to Work Authorization No. 1 and authorized the Chairman to
sign.
F.Engineering Division- Emergency Repair on Indian River Drive at Eden
Creek Lane- First Amendment to the Agreement (C07-08-470) with Johnson-
Davis- in the amount of $13,400.- The Board approved the First Amendment
to the Agreement with Johnson Davis in the amount of $13,400 and
authorized the Chairman to sign.
G.Engineering Division Revised Emergency JPA with the Florida Department of
Transportation Hurricane Wilma’s debris removal, washouts and bridge and
Resolution No. 07-317 authorizing execution of the JPA- The Board approved
accepting the reimbursement agreement for $1,495,126.47 from the FDOT for
the recovery effort from Hurricane Wilma’s debris removal and approved
Resolution No. 07-317 authorizing execution of the JPA and authorized the
Chairman to sign.
H.Engineering Division- Entrada Avenue and Rio Mar Drive Landscaping
Project deductive Change Order No. 3 in the amount of $11,500. and an
extension of the contract to June 30, 2008 with Sunshine Land Design- The
Board approved deductive Change Order No. 3 and authorized the Chairman
to sign.
I.Engineering Division- Work Authorization No. 1 to the Contract with LBFH
Inc., to provide professional consultation services with respect to permitting
and related project impacts to St. Lucie County’ s Canal 103- The Board
approved Work Authorization No. 1 to the contract with LBFH for Canal 103.
work to be completed by December 31, 2009 and total amount not to exceed
$20,000 and authorized the Chairman to sign.
J.Engineering Division Road Improvement Agreement – Airport Park of
Commerce- The Board approved the Road Improvement for Airport Park of
Commerce and authorized the Chairman to sign the Agreement.
4.PURCHASING
A. Approval to piggyback to St. Johns County Board of County Commissioners
Contract # 06-123 Annual Asphalt Services with Florida Highway Products, Inc.
for Chip Seal & other asphalt materials and services for a not to exceed amount of
$700,000- The Board approved piggybacking to the St. Johns County Board of
County Commissioners contract for an amount not to exceed $700,000and
authorized the Chairman to sign the contract prepared by the County Attorney.
B.First Amendment to Contract C07-02-047 with the Growing Concern &
Landscape Inc., The Board approved the first amendment to Contract C07-02-047
with The Growing Concern Tree and Landscape and granted permission for the
Chairman to sign the amendment as prepared by the County Attorney.
C.First Amendment to Contract C07-02-046 with the Growing Concern and
Landscape, Inc.- The Board approved the First Amendment to Contract 07-02-
046 with the Growing Concern and Landscape Inc., and granted permission for
the Chairman to sign the amendment as prepared by the County Attorney.
D.Award Invitation to Bid # 07-102 for Car Washing Services for Cars and Pickup
Trucks to Rocket Car Wash, Inc., and David’s Auto Detailing- The Board
approved awarding Bid # 07-102 Rocket Car Wash and David’s Auto Detailing
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and authorized the Chairman to sign the contract as prepared by the County
Attorney.
E.Board approval to reject all bids received for Invitation for Bid # 5 and # 7 for
Community Services Community Development Block Grant program and re-bid
both projects as demo/replacements- The Board approved rejecting all bids
received for IFB # 5 and IFB # 7 and approved the re-bid for both projects as
demo/replacements.
F.Board approval to award Invitation to Bid # 07-107 Construction of Dune
Crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay
and Little Mud Creek to Summerlins Marine Construction LLC- This item was
pulled.
5.AIRPORT
A.Board approval of Change Order No. 2 Dickerson Florida Inc., to add 247
days to the contract time, changing the current completion date from
November 14, 2007 to July 18, 2008 for the first phase of construction for the
new runway, RW 9L/27R - The Board approved Change Order No. 2 with
Dickerson Florida, Inc., and authorized the chairman or designee to execute
the same.
B.Approval of Budget Resolution No. 07-341for the FDOT Joint Participation
Agreement in the amount of $743,200 for 80% of the $929,000 cost to
complete the design and installation of the security access control system at
the St. Lucie County International Airport- The Board approved Budget
Resolution No. 07-341 and authorized the Chairman or designee to execute
the same.
C.Request approval of Budget Resolution No. 07-342 for the FDOT JPA grant
in the amount of $167,525 for 80% of the $209,406 cost to upgrade the
Electrical Vault at the St. Lucie County International Airport - The Board
approved Budget Resolution No. 07-342 and authorized the Chair or designee
to execute the same.
D.Authorization to Release Massey Ferguson Tractor (SN S48560) and Purchase
John Deere 6615 4WD Cad Tractor- The Board approved the fixed release
and trade in of the Massey Ferguson 399 for $7,000.00 and purchase of the
2007 John Deere 6615 Tractor for a total cost of $42,519.51.
6.PARKS AND RECREATION
A.Purchase of Field Paint Liner- Lakewood Park Regional Park – EQ08-286-
The Board approved Purchase Equipment Request EQ08-286 at a cost of
$1,995.00.
B.Purchase of Common Grounds Mower (EQ08-288) Tradition Field- The
Board approved the purchase of a new common grounds mower at a cost of
$12,425.00 EQ 08-288.
C.Ravenswood Splash Park Project Water PSL Water & Sewer Connection Fee-
The Board approved the use of $15,233.00 from Park Impact Fees “B” funds
to cover Port St. Lucie Utility Systems Department water connection fee for
Ravenswood Splash Park Project.
D.Approval of re-program Capital Project Funding- The Board approved to re-
program $30,347.00 from “infrastructure” to “building maintenance” to
address maintenance issues prior to the 2008 Spring Training Season.
7.GROWTH MANAGEMENT
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Petition of Rudd Jones, P.E. & Associates, P.A. for a 12 month extension of the date of
expiration for the Major Site Plan project known as Pine Summit Commercial for
property located the southeast corner of the intersection of S. US Highway 1 and Lake
Vista Trail approximately ¼ mile north of Rio Mar Drive - The Board approved
Resolution No. 07-284 granting a 12 month extension to the Pine Summit Commercial
Major Site Plan project.
8.INVESTMENT FOR THE FUTURE
A.Parks and Recreation – Approve First Amendment to Work Authorization No.
1 Contract (C05-05-282) for Architectural Services GLE Associates Inc.- SLC
Fairgrounds New Offices and Concession Bldg/Restrooms- The Board
approved the First Amendment to Work Authorization No. 1 and approved the
use of currently budgeted Investment for the Future Funds in the amount of
$5,340.00 and authorized the Chairman to sign.
B.Parks and Recreation- SLC Fairgrounds Arena Concession/Restroom &
Office buildings- Water & Sewer- Fire Sprinkler System Service AWM
Change Order No. 1 (Contract C07-08-440) in the amount of $37,875.00 -
The Board approved Change Order No. 1 and approved the sue of budgeted
Investment for the Future Funds to cover the installation of the water and
sewer extension and the fire sprinkler for the SLC Fairgrounds Arena
Concession/Restroom and Office Buildings projects.
9.ECONOMIC & STRATEGIC TOURISM
Award of RFQ 07073 and Contract with Blair and Associates for Tourism Advertising
Services for the recommended activities to be provided under Exhibit A of the attached
contract- The Board approved awarding RFQ 07073 and contract with Blair and
Associates for Tourism Advertising entering into a two year contract for an amount not to
exceed $50,000 per year.
10.GRANTS
A.Submittal of request to the FDEP, Florida Renewable Energy Technologies
Grant Program- The Board approved the submittal request to the FDEP
Renewal Energy Technologies Grant Program for funding in an amount not to
exceed $2,500,000 to assist with engineering for design and permit
preparation for geoplasma arc gasification of municipal waste and the cost of
equipment to mine the existing landfill. This request increases the amount of
the County’s cash match from $400,000 in a prior agenda item to $407,000.
B.Submittal of grant application to FDOT- The Board approved the submittal of
a grant application to the FDOT, Transportation Regional Incentive Program
for FY 08/09 funding of $2,500.000to assist with acquisition of the right of
way along the intersection of Kings Highway and Indrio Road.
C. Submittal of grant application to St. Lucie County Cultural Affairs Council
on behalf of In the Image of Christ Inc., a non-profit organization, for funding
to promote the Kwanzaa - A Unique Celebration of Cultural Pride for all
residents of St. Lucie County- The Board approved the submittal of the grant
application to the St. Lucie County Cultural Affairs Council.
11.CENTRAL SERVICES
A. Dooleymack Constructors of South FL., LLC/ # C07-04-195- Special Needs
Shelter/Auditorium Change Order No. 1- The Board approved Change Order
No. 1 to # C07-04-195 to increase the contract sum by $164,879.68; the new
contract sum will be increased by $164,879.68, the new sum will be
$12,885,512.68 and increase the contract time 14 days; the new date of
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substantial completion will be September 18, 2008. The Board authorized the
Chairman to sign the Change Order as prepared by the County Attorney.
B. Edlund Dritenbas Binkley Architects & Associates- Second Amendment to
Contract C03-12-761- The Board approved the Second Amendment to
Contract C03-12-761 Courthouse/Clerk of Court Buildings Main Entrance
Modification of Sally Port Drive to increase the Architect’s compensation by
$65,585; the new compensation combined with reimbursable expenses will be
$173,913; The Board authorized the Chairman to sign the Amendment as
prepared by the County Attorney.
C. New Clerk of Court Building- Ft. Pierce Utilities Authority-Utility Easement
for Water Line- The Board approved the City of Ft. Pierce utility easement
for water line for the use and benefit of the Ft. Pierce Utilities Authority for the
New Clerk of Court Building and authorized the Chairman to sign the
easement.
12.ENVIRONMENTAL RESOURCES
Approval of the first amendment to the State Inmate Work Program Contract – The
Board approved the first amendment to the contract for the State Inmate Work Program
in the amount of $55,777 to pay for labor costs that cover the 5 inmates and 1
correctional work squad officer for a period starting February 15, 2007 and ending
February 14, 2009 between the State and the County as approved by the County Attorney
and authorized the Chairman to sign the contract.
13.ADMINISTRATION
Correction to statement made in the record by the County Administrator at the October
23, 2007 Board of County Commission meeting on agenda item number seven- The
Board approved to correct for the record the votes states at the meeting by the County
Administrator to reflect the following vote tally: Behncke received 5 votes, Corrick
received 4 votes, Lannon received 3 votes and Lawless received 2 votes.
ADDITION
CA.1 INVESTMENT FOR THE FUTURE
Wastewater Treatment Plant Capacity Increase Project/Emergency Operations
Center/Fairgrounds Facility/Emergency Bid Waiver/Approve Contract with Ditchdiggers,
Inc.- The Board approved waiving the bid process on an emergency for the Fairgrounds
Wastewater Treatment Plant Capacity increase project due to time constraints and
approved the contract with Ditchdiggers Inc., as drafter by the County Attorney for an
amount not to exceed $400,000 and authorized the Chairman to sign.
REGULAR AGENDA
PUBLIC HEARINGS
5.A COUNTY ATTORNEY (0:33:38)
Ordinance No. 07-057 Amending Chapter 1-2 of the St. Lucie County Code and
Compiled Laws to create Article V11 “Graffiti” creating Section 1-2-69 (definitions);
creating Section 1-2-70 (prohibited acts); creating Section 1-2-71 (penalties); creating
Section 1-2-72 (accessibility to Graffiti implements); creating Section 1-2-73 (reward for
information) ; creating Section 1-2-74 (public nuisance); creating Section 1-2-75
(responsibility of property owners; notice of defacement); creating Section 1-2-76 (right
of entry on private property); creating Section 1-2-77 (removal); creating Section 1-2-78
(anti-Graffiti Trust Fund); - Consider staff recommendation to adopt Ordinance No. 07-
057.
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Com. Coward requested the words “ with paint or any liquid device” be deleted from the
sentence on page 3 D.1
Com. Lewis stated she was looking for a definition for the term “defacing”.
Com. Coward stated his concerns with the property owners being held responsible for the
cost of removing the graffiti and would like for staff to find a way to assist the land or
property owner with volunteers and funding. He stated he was not comfortable with the
victim being responsible for the cleanup and would like to use funds from an anti-graffiti
trust fund for such purposes.
Com. Smith questioned where and when after the threshold is crossed does it become a
code issue.
The County Attorney stated they would draft language addressing the Board’s concerns
and recommended continuing this item for November 20, 2007.
It was moved by Com. Grande, seconded by Com. Coward, to continue this item on
November 20, 2007 at 6:00 p.m. or as soon thereafter, and; upon roll call, motion carried
unanimously.
5.B Ordinance No. 07-012- Towing Fees - Consider staff recommendation to adopt
Ordinance No. 07-012 and authorize the Chairman to sign the Ordinance.
Com. Grande recommended a correction be made on Page 2, Section 120-16 Paragraph A
should read A 1 and 2. The number 3 should be deleted.
It was moved by Com. Smith, seconded by Com. Lewis, to approve Ordinance No. 07-
012 as amended, and; upon roll call, motion carried unanimously.
5.C GROWTH MANAGEMENT (0:49:02)
At this time the gavel was passed to the Vice Chairman.
Petition of St. Lucie Oakes, Commercial, LLC for Final site Plan approval for a Planned
Development (Planned Non-Residential Development) on a parcel of land consisting of
4.64 acres with an existing PNRD and CG zoning district. Draft Resolution No. 07-293 -
Consider staff recommendation to approve Draft Resolution No, 07-293 granting Final
Site Plan approval for a Planned Development and to direct the Growth Management
Director to amend the Official Zoning Atlas to reflect St. Lucie Oaks commercial –
PNRD Zoning for the approve development.
Quasi Judicial – No disclosures were made
The Attorney for the applicant addressed the Board and stated his client concurs with
staff’s report.
It was moved by Com. Grande, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously with Chairman Craft
not present at the time the vote as taken.
At this time the gavel was returned to the Chairman and he resumed his position.
5.D GROWTH MANAGEMENT (0:59:10)
Petition of Grande Beach North Hutchinson Island, LLC 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 adopt Ordinance No. 07-032 granting the petition of Grande Beach
North Hutchinson Island LLC for Text Amendment to the Land Development Code.
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Quasi Judicial
All the Board members acknowledged meeting with the applicant and counsel and also
receiving e-mails on this issue.
Mr. Bobbi Klein, attorney for the applicant addressed the Board on this item and stated
the applicant supports staff’s recommendation that the text amendment be approved.
Mr. Bill Casey, Aqulina Bank representative advised the Board that his company will be
placing a branch bank in the commercial area of this project.
Mr. Paul Berg, North Hutchinson Island resident, addressed the Board and stated his
concerns with the text amendment language. He felt it leaves the door open as to how
many units can be put in and recommended the figure of 40% be added instead of leaving
it blank.
Ms. Joan Miller, Real Estate Broker, addressed the Board in favor of the project.
Ms. Nancy Spaulding, North Hutchinson Island resident, addressed the Board on this
item and stated the new Mixed Use should be judged on an individual basis.
Mr. William Gessner, Marina Drive resident addressed the Board in favor of the project.
Mr. Fred Abby, Atrium Condo Association representative addressed the Board in favor of
the project and stated his association was looking forward to the project being completed.
Mr. Brian Combs, Atlantic Blvd. resident, addressed the Board and stated this
commercial property was for all the residents of North Hutchinson Island and not only for
those in close proximity to the project. He stated his opposition to the project due to the
density.
Ms. Deborah (unintelligible last name)? area resident, addressed the Board and stated she
did not understand the reason for the increased units and felt it should be left at the
present figure of 40% commercial to residential.
Mr. Picarraro, North Beach Association member addressed the Board regarding the
mixed use and it’s restrictions. He stated if they were too restrictive the may not make
the project economically viable. He advised the Board he was in favor of the project.
Mr. Robert Budella, North Hutchinson Island resident, addressed the Board in opposition
to any increase in residential that would reduce commercial.
Com. Coward requested consensus from the Board in adding the language of “ up to 70
units” to the document.
It was the consensus of the Board to add this language to the document.
It was moved by Com. Lewis, seconded by Com. Smith to adopt Ordinance No. 07-032
as amended, and; upon roll call, motion carried unanimously.
5.E GROWTH MANAGEMENT (1:41:58)
Petition of Grande Beach North Hutchinson Island LLC for Preliminary Planned Mixed
Use Development for a project known as Grande Beach PMUD- Consider staff
recommendation to adopt Resolution No. 07-134 granting Preliminary Planned Mixed
Use Development approval for the project to be known as Grande Beach- PMUD subject
to the conditions therein.
The Planning Manager addressed the changes to the Resolution as follows:
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Page 6, paragraph D, delete the sentence, “shall be valid for the same”; Page 7, paragraph
F line 13, insert Part “A” delete “B”; Page 7 paragraph G, insert at the beginning line 19
the sentence, “Except as otherwise provided” and paragraph H also insert Part “A” and
delete “B”. If this is approved staff is requesting the requirement of the contribution of
the funds for the Seal Museum be added as a condition of approval. The amount has
changed from $230,000 to $100,000.
Com. Coward asked if this was a condition in our code.
Staff advised the Board there is no such condition in our code.
Com. Smith stated this was not a condition or part of this agreement and was wondering
why this was being requested.
Staff stated it was an item they proposed.
Com. Coward stated he believed they were creating value to this project and felt the
county should receive a fair return for this and felt the county has the discretion to request
it.
The applicant’s attorneys stated they specified the amount and did not have a problem in
it being a condition upon 50% of the build out of the project.
Com. Lewis stated she was hesitant in doing it in the way of making it a requirement,
however if the applicant is willing to contribute the funds she would not have a problem
with it.
Com. Grande addressed the previous contribution proposal of $230,000 and its
distribution for the various areas within the county. He is wondering what action
prompted changing the amount.
The applicant stated the market has changed and the circumstances have changed from
one year ago when this was proposed. It is not part of this application and it never was
and he believes as they go through the project they will see what is being done for the
betterment of the community.
Com. Coward stated he would like to see it as part of the approval so that it does not
disappear and asked the County Attorney if there would be a problem adding this to the
approval.
The County Attorney stated there would not be a problem in adding it as a condition of
approval. This is not a case of a payment to an individual and the applicant has agreed to
it.
Com. Smith commented on the abandonment and that it was stated previously by the
attorney that this was not required for payment because it was not part of how they
conduct business or a rule. There is a fee that is presently charged for an abandonment.
Com. Coward stated as a Board they are creating value and the developer should pay for
public lands.
Com. Smith addressed the difference of opinion between himself and Com. Coward.
Mr. Michael Houston, Houston, Cuozzo, made a presentation on the project and the
changes made to the PMUD i.e. size and units of buildings as well as change in location
of a building and the increase in commercial space.
Com. Coward addressed the architectural plans and asked if the overall architecture can
be referenced and specified in the document. He would like to add the language
requiring the architecture.
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Mr. John Olsen, Architect, Peacock and Lewis, addressed the Board’s questions on the
architectural standards being required. He stated page 3 letter “A” they could add the
elevations and architectural standards as part of the approval condition.
The Attorney for the applicant advised the Board they wished to adopt all the items and
the Grande Beach File the county has for the record as well as staff’s indication that this
project is consistent with the County’s Comprehensive Plan and Land Development
Regulations.
Com. Smith questioned how they would deal with some of the issues to make sure they
do not have one side of the Homeowners Association making rules that would make it
difficult for the commercial end to be viable.
The Growth Management Director stated it should be included in the Homeowners
Associations documents and presented at the final plan review.
The Assistant County Administrator stated for the record, the Board had discussion on
the appropriateness of the contribution being included in the Resolution and the letter
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from the applicant addressed this issue dated November 5 where they stated they would
be willing to do so as well as the County Attorney being comfortable with it. If they
were to do this it would be consistent with what was done previously.
Com. Coward questioned the amount.
The Assistant County Administrator advised the Board the amount noted was $230,000.
PUBLIC COMMENTS
Mr. Bob Lowe, North Hutchinson Island resident addressed the Board in favor of the
project and stated the Board needed to shorten the process.
Ms. Joan Miller, Real Estate Broker, addressed the Board in favor of the project and felt
is was the perfect transition.
Ms. Sharon Lowe, Hutchinson Island resident, addressed the Board in favor of the
project.
Mr. Doug Davis, Atlantic Beach Blvd., resident addressed the Board and expressed his
concerns with keeping commercial as the primary focus on this project. He expressed his
concern with the parking spaces provided.
Mr. Carl Williams, Marina Drive resident, addressed the Board and stated he felt it would
impact his life more than anyone in the area and was in favor of the project.
Mr. Michael Reardon, Marina Drive resident, addressed the Board in favor of the project
due to the new site plan presented.
Ms. Nancy Spaulding, Marina Drive resident, addressed the Board in favor of the project.
Ms. Diane Andrews, addressed the Board in favor of the project, it’s design and was
pleased with the changes made.
Mr. Paul Berg, North Hutchinson Island resident, addressed the Board and stated he was
in favor of mixed use designation on the island, however there were certain specifics he
was having a problem with. He felt the primary focus should be on the commercial
aspect of the project.
Mr. Jeff Mitchell, Cameron Drive resident, addressed the Board and expressed his
concerns with commercial space being available in the future.
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Ms. Jean Downey, North Hutchinson Island resident, addressed the Board in favor of the
project.
Mr. Guy Major, owner of the construction company, addressed the Board in favor of the
project and stated the project was an asset to the county.
Mr. Bob Johnson, President of Sands Community addressed the Board and read a letter
from the association regarding the canal issue. The letter stated all the issues regarding
the canal have been addressed and agreed to with all those concerned.
Mr. Bill Casey, proposed area business representative, addressed the Board in favor of
the project.
Ms. Kathy Brennan, Riverwalk resident, addressed the Board and stated all 18 residents
in Riverwalk were in favor of the project.
Mr. Brian Combs, area resident addressed the Board and reminded everyone that the
property was for everyone on the Island and expressed his concern with the density, the
site plan and how the signage would be placed.
The applicant advised Mr. Combs that each commercial unit will have a sign on the
building itself visible from A-1-A and the restaurant will be a small scale Italian
restaurant.
Com. Smith pointed out a correction needed where it states BellSouth and it should be
changed to AT&T and recommended a condition be added regarding the contribution.
Staff addressed the language for the contribution to read as follows:
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“Prior to the issuance of the 36 residential building permit, the developer shall pay
$100.000 to the County for the Cultural Affairs needs to be distributed by the county
accordingly in its discretion.”
The Chairman asked for consensus to this language.
Com. Coward stated he did not agree with the amount and would agree to the original
$230,000 amount.
Com. Grande concurred with Com. Coward the $230,000 was an important factor and
why did they not say what they meant with regards to the contribution. It places a
question on their credibility.
Com. Craft stated he would have agreed if the terms had remained the same, but they
have changed and he now does not see this as the same project.
Com. Lewis stated she did not support this project because of the contribution. She
never felt this was a part her decision and would not make a decision today based on the
contribution. She supported the project and is uncomfortable with the condition but will
go along with it.
Com. Smith stated he concurred with Com. Lewis and stated when he received the letter
and phone call with the new amount he felt the issues were separate and would remain
separate and he was not going to turn $100,000 away and at the end of the day his
decision will not be based on whether they write a check or not.
Com. Coward alluded to condition 21 in Resolution No. 06-055 that this was a condition
of approval and not an after the fact.
Com. Craft stated there has been a lot of negotiations with the area residents and they
have gone through quite a bit the last couple of years to get through the project and will
support the $100,000 figure.
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Staff recommended the following be inserted into the document on page 5 condition 17
“Prior to the Final PMUD approval the developer, successor or assigned shall provide the
conceptual design drawings of all multi-family and non residential buildings to be erected
within the development. Color selection to be provided for review and approval by the
County as per final development plan application.
Staff also requested inserting on line 35 a comma and the following: “ Substantially
consistent with renderings shown to the Board of County Commissioners on November
6, 2007, depicting Mediterranean design style character in addition to green building
technology”.
Com. Coward stated he felt it needed to be more specific especially in the green building
area.
Com. Craft concurred .
Quasi Judicial:
All Board members acknowledged meeting with the applicant and residents.
The County Attorney addressed the changes and revisions, he noted, i.e. Bell South to
AT& T and also add a paragraph indicating “ notice to potential buyers of mixed use non
residential portion” consistent with the airport language
Com. Coward recommended disclosure regarding notifying those who purchase units
above the commercial.
It was moved by Com. Lewis, seconded by Com. Smith to approve staff recommendation
as amended and; upon roll call, the vote was as follows:
Com. Grande stated he would not be supporting this project although a mixed use project
is what is needed he felt this is not the best project they can get.
Com. Coward stated he felt they have not earned his vote and cannot support this project
as presented. He does support the mixed used concept.
Nays: Grande, Coward; Aye’s : Lewis, Smith Craft, motion carried by a vote of 3 to 2.
5.F 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 A-1-A
northwest of the intersection with Jackson Way, Draft Resolution No. 07-054 - Staff
recommends the Board of County Commissioners consider two possible options: 1)
Revoke the Conditional Use Permit 92-009 after a finding of facts; 2) Modify the
Conditional Use Permit 92-009 with the consent of the owner, to detail the conditions’
limitations on the accessory “reception” activities and approve Draft Resolution No. 07-
054.
Ms. Jacqueline Goodman, resident at the Mellon Patch, addressed the Board in favor of
the Mellon Patch.
Ms. Cecilia De Felippis, Ft. Pierce resident , addressed the Board in favor of the Mellon
Patch.
Mr. Mike (unintelligible last name) addressed the Board in favor of the Mellon Patch.
Mr. Norm Penter, resident, addressed the Board and stated he was not opposed to the
agreement and questioned there being a conditional use in existence to continue with thus
process. He also questioned the legality of the issue.
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Mr. Downy, area resident, addressed the Board in favor of the Mellon Patch facility.
Ms. Debra Agnello, addressed the Board in favor of the Mellon Patch’s activities and
stated she felt there was a personal agenda to the opposition by the neighbors.
Mr. Eric Townsend, son of the applicant, addressed the Board and gave details on the
property.
Ms. Lisa Fonsot, resident, addressed the Board and stated the functions held at the
Mellon Patch were no different than those permitted at Pepper Park.
Mr. Wilson Townsend, son of the applicant, addressed the Board and requested they
come to a reasonable decision. He advised the Board of the noise made by various
neighbors when they hold parties in their back yards and homes.
Mr. Dickie Brooks, Jackson Way resident, addressed the Board and stated during the
probationary period he had not heard any functions that were intrusive to him.
Mr. Steve Tierney, attorney for the applicant addressed the Board and stated the applicant
is willing to comply with 7.10.11. However with regard to the question of consumption
they never agreed not to have consumption of alcohol on property.
Com. Coward addressed this section of the ordinance and it states no sale or transfer of
alcoholic beverages.
The County Attorney advised the Board they could add a condition regulating alcohol
consumption, however if they were bringing in their own, he was not sure if it would be
considered a sale or transfer. The intent was to keep the sale and transfer of alcohol
within a certain distance away from public parks and schools.
The Assistant County Administrator stated she was clear that there was at least a silent
agreement that alcohol was not part of this 90 day probationary period.
Com. Grande stated clearly someone is giving alcohol to someone whether or not it was
being sold or transferred and this is what they did not want to continue.
Mr. Tierney stated there was nothing about consumption in the Ordinance however it is
now placed in the resolution. He addressed the issue of the number of events and stated
they hope to have 24 special events per year and not limiting it to 2 per month. He also
addressed the obtaining of a conditional use permit, zoning compliance and its expiration
date and the requirements/provisions and asked if it could be removed or explained.
The Growth Management Director stated he believes it should be removed it is relative to
one that has not been built yet.
The Assistant County Administrator advised the Board that Code Enforcement during the
probationary period did monitor the events and found no violations.
Mr. Tierney stated he believed that with guests leaving by 8:00 p.m . or 8:30 p.m. this
should not cause a reason for a rational person to complain about an event.
Mr. Floyd Grisby, area resident addressed the Board on the past events and public
hearings held. He believes any modification would only be a band aid to the problem and
felt the ordinance needed to be enforced and asked the conditional use permit be revoked.
Ms. Rose Northcote, Jackson Way resident, addressed the Board and stated she felt the
facility should be a Bed and Breakfast with no compromise and requested the Board
revoke the conditional use permit.
Ms. Kathy Townsend, applicant, addressed the Board and clarified various articles in a
listing through Transworld. She also addressed the question on the living quarters and
stated her living quarters are downstairs due to a knee replacement she had recently.
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Ms. Townsend stated she felt she had been totally violated by the various tactics the
neighbors had presented. She also stated she was not aware of people having alcohol in
their rooms until after the guests leave and she cleans up the rooms. She does not provide
drinks, these beverages are provided by the Bride and Groom and bring it to the premises
and the catering company will serve it. She stated she does not tolerate disruptive events
and disrespectful behavior.
Ms. Connie Chiles, area resident, addressed the Board in favor of the facility and stated
her son had his wedding at the Mellon Patch Inn and it was a great affair.
Mr. James King, spouse of applicant addressed the Board and stated they have tried to
work with the neighbors, however, they do not wish to even attempt to work out a
compromise.
Ms. Pam McAbee, area resident addressed the Board in favor of the Mellon Patch and
stated she attended a function at the Mellon Patch which she enjoyed. She believes the
applicants are trying to do what is right and believes they can work out a compromise.
Com. Craft commented on the tension in the community and stated he has worked
diligently to attempt to work out a compromise and has not succeeded. He believes they
are close to coming to a compromise. He believes they need to learn from the past and
not insist on the past. He would like to come up with a document that would give
everyone a comfort level.
Com. Coward stated the use has dramatically changed and would like to see it go back to
the original Bed and Breakfast. The property was and is zoned residential. This was not
zoned a commercial establishment it is identified as a large home. The residents
previously expressed their concern with the Bed and Breakfast in a residential area.
Com. Grande stated the Resolution does not reference commercial lodging. He is
convinced the conditional use was abandoned by the previous owners and you cannot
rescind something that is no longer there. There is no rationale to try to amend a non-
existent conditional use. He recommended not penalizing the current owner, but continue
doing business for a certain amount of time while going through the application process
defining what it being done on the property and have it pass or fail under today’s current
laws.
Com. Coward stated even if it goes through that route they would still need to define the
level of use and what is acceptable.
Com. Grande stated he believes they need to tell the Board what the business is under the
exiting codes. Maybe this may wind up as a Bed and Breakfast, but it is not a Bed and
Breakfast today.
Com. Lewis addressed the establishment being defined as a commercial lodging prior to
the Bed and Breakfast description being implemented. She stated Ms. Townsend stated
she would be willing to abide by the new conditions as stated during her probationary
period. She does not understand why there was a probationary period implemented if
they were not willing to find out what would really work and she thought the restrictions
were place to see what in fact would work and asked why did they do this if they were
not going to proceed and now are looking at something different.
Com. Coward commented on the use of the public park for parking and this violating our
code and he still has issues with this.
Com. Lewis stated she did not have a problem with this and felt it was addressed in the
conditions as well. She commented on the weddings held on the beach, she personally
does not see this especially since the city of Ft. Pierce permits commercial establishments
to use public parking.
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Com. Grande stated what appears clear to him is that Ms. Townsend will not be running
Bed and Breakfast but will be running a catering establishment. A Bed and Breakfast can
be on a residential property and a catering business cannot.
Com. Smith stated there are issues that need to be addressed, i.e. parking , alcohol
consumption, how many events a year etc., so that they can come to a conclusion this
morning. He sated he is comfortable with people bringing in alcohol to their rooms the
question is when someone provides alcohol at an event. If it is more than a bed and
breakfast then it should be permitted to have alcohol, if it is a bed and breakfast then this
is what is should be and you should not have to worry about it. He shares Com.
Coward’s concerns about the parking.
Com. Grande stated what happens on this property should be legal and according to rules
of what can happen on the property. He stated it is difficult to draft something that would
be acceptable to everyone.
Com. Smith recommended the applicant requesting an application for approval each time
alcohol is being made available for the functions such as when they approve alcohol for
events at the county parks on the Board agendas.
The County Attorney recommended revoking the Conditional Use based on the undo
hardship and adverse impacts and if the Board agrees make it effective sometime out in
the future giving the owner the opportunity to complete her scheduled events and also
give her the opportunity for her to reapply for a conditional use or Bed and Breakfast or
some other of course noting there is no guarantee.
Com. Grande recommended once the application is submitted they should be able to
continue in business until the application is through the process however long it takes.
The County Attorney recommended the application be submitted within 90 days and have
it go through the process within a 6 month period.
It was moved by Com. Grande, seconded by Com. Coward, to revoke conditional use
permit 6 months from today during the interim period the conditions outlined in the Asst.
County Administrators letter of July 13, 2007 shall continue, i.e. music ending at
8:00p.m.; number of special event limited to 2 per month, non-special event not so
limited and during the time the applicant will submit a different application if they choose
and due to adverse affects and incompatibility to the neighborhood, and; upon roll call,
the vote was as follows: Nay’s: Lewis, Craft; Aye’s: Smith, Coward, Grande, motion
carried by a vote of 3 to 2.
Com. Lewis stated she was disturbed about the fact they took the time to discuss the
conditions and thought they were agreed upon by the majority. The residents have not
been disturbed for 4 months and the conditions have been adhered to and cannot
understand why they took the time if they were going to be back where they started.
Com. Craft stated they still had issues to come to an agreement on.
Com. Coward stated he went along with the conditions on a short term basis, he never
intended to have the interim conditions take the place of the original conditional use
approval, it was meant so that she could continue to meet her commitments.
Com. Craft stated he agreed with the revocation but would have preferred to see the
additional condition or reason for the 12 consecutive months.
It was moved by Com. Coward, seconded by Com. Grande to amend the motion
previously passed to add to the reason for revoking the expiration of the conditional use
permit by prior owner because of abandonment based on evidence presented, and; upon
roll call, the vote was as follows: Nay: Smith, Lewis; Aye’s: Craft, Grande Coward,
motion carried by a vote of 3 to 2.
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5.G COUNTY ATTORNEY
Ordinance No. 07-013- Providing the Terms and Conditions for Installing, Constructing
and Maintaining a Communications Facility in the County’s Public Right of Way for the
Provision of Communications Service- This is the first of two public hearings- No action
required at this time.
It was moved by Com. Grande, seconded by Com. Coward, to continue this item on
December 4, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll
call, motion carried unanimously.
5.H GROWTH MANAGEMENT
Consider Draft Resolution No. 07-244 for St. Lucie County Director of Growth
Management- A Resolution Granting a Change in Zoning from the PUD Zoning District
to the HIRD for Certain Property in St. Lucie County- Consider staff recommendation to
adopt Resolution No. 07-244 authorizing the Director of Growth Management to amend
the Official County Zoning Map from PUD – Pelican Pointe to the HIRD Zoning
District.
It was moved by Com. Lewis, seconded by Com. Grande, to continue this item on
February 8, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call,
motion carried unanimously.
5.I. GROWTH MANAGEMENT
Petition of Oakland Estates, LLC for a second 12 month extension of the Final
development Plan known as Oakland Estates PUD Draft Resolution No.07- 290-
Consider staff recommendation to approve Draft Resolution No. 07-290 granting a
second 12 month extension to the approved Oakland Estates Final PUD project until
October 19, 2008.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
07-290, and; upon roll call, the vote was as follows: Nay: Smith, Aye’s: Lewis, Grande,
Coward, Craft, motion carried by a vote of 4 to 1.
5.J GROWTH MANAGEMENT
Petition of the St. Lucie Family Recreation Center LLC for a Major Adjustment to an
approved Conditional Use Permit to allow paintball activities to continue with modified
house of operation in an IL Zoning District for property located at 2525 Center Road, Ft.
Pierce, FL - Consider staff recommendation to approve Resolution No. 07-286 granting
a Major Adjustment to the Approved Conditional Use Permit for the St. Lucie Family
Recreation Center LLC to allow the paintball activities to continue with modified hours
of operation as specified in the conditions of approval.
It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on
November 20, 2007 at 6:00 p.m. or as son thereafter as it may be heard, and; upon roll
call, motion carried unanimously.
END OF PUBLIC HEARINGS
6.PUBLIC WORKS
Multi-way stop signs at Indian River Drive and Walton Road Intersection- Consider staff
recommendation to approve the attached Resolution No, 07-344 providing for the
installation of stop signs at the Indian River Drive and Walton Road Intersection.
This item was pulled and will be rescheduled for November 20, 2007.
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7.GROWTH MANAGEMENT
Discussion on Ag PUD Steering Committee members appointments.
This item was pulled prior to the meeting.
There being no further business to be brought before the Board, the meeting was
adjourned.
_________________________
Chairman
_________________________
Clerk of Circuit Court
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