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HomeMy WebLinkAboutBOCC Minutes 02-19-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 19, 2008 Convened: 6:00 p.m. Adjourned: 7:30 p.m. Commissioners Present: Joseph Smith, Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Neil Appel, Purchasing Director, Lauri Case, Utilities Director, Kara Wood, TVC Planning Manager, Mark Satterlee, Growth Management Director, Millie Delgado- Feliciano, Deputy Clerk 1.MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held February 12, 2008, and; upon roll call, motion carried unanimously. 2.PROCLAMATIONS/PRESENTATIONS A.Resolution No. 08-061 Proclaiming February 18, 2008 through February 22, 2008 as “FFA Week” in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 08- 061, and; upon roll call, motion carried unanimously. Ms. Jessica Johnson, President of the Westwood Chapter was present to accept the proclamation. 3.GENERAL PUBLIC COMMENTS th Mr. Jonathan Ferguson, attorney addressed the Board regarding the February 12 meeting and the item requesting an extension being denied by a 3 to 2 vote. He asked the Board consider they re-agenda the item for a future meeting in order to have discussion on the issue. Mr. John Arena, area resident addressed the Board and thanked the County Administrator for having the small barge removed from the harbor. He also addressed the Indian River Lagoon and expressed his concerns. Mr. Triggore, addressed the Board with regard to the item Mr. Ferguson addressed and stated he was the owner of the property and asked the Board to reconsider their decision from the last meeting. He advised the Board of that it had been a year since they had submitted the application and until today this application has not been before the Board. They started negotiations with the utilities department and there were some contradictions that needed to be addressed. They also did not receive a notice from the county about the hearing for the extension and based on these issues he would request a re-hearing of the item. Com. Smith addressed previous discussions on this issue and he thought was this something that had been approved some years prior. He believed they had dealt with this issue for sometime, however he is comfortable in permitting this issue come back for reconsideration. 1 Com. Craft addressed the fact the project had originally had a phase 2 that never happened and consequently it tied up concurrency for 2 decades. Then the residential issue came up. It was moved by Com. Craft, seconded by Com. Coward, to schedule this item for reconsideration at a future meeting, and; upon roll call, the vote was as follows; Nay; Grande, Aye’s: Coward, Lewis, Craft, Smith, motion carried by a vote of 4 to 1. 4.CONSENT AGENDA Com. Grande requested item C2-F be removed for a separate vote. It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda, with item C2-F pulled for separate vote and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 20. 2.COUNTY ATTORNEY A.Hurricane Housing Recovery Program – The Board approved the proposed Partial Release of Mortgage, Assignment of Rents and Security Agreement, and Subordination Agreement and the Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd., and authorized the Chairman to sign the documents. B.Bear Point Mitigation Bank- CGW Mitigation Bank- The Board approved the proposed Credit Purchase Agreement with CGW Mitigation Bank, and authorized the Chairman to sign the agreement. C.Requesting approval for the purchase of one computer for the new St. Lucie County Pretrial Release Program- The Board approved Budget Amendment BA08-0-13 and Equipment Request EQ08-301 to purchase a desktop computer for the St. Lucie County Pretrial Release Program. D.Florida Communities Trust- Heathcote Botanical Park/FCT Project 04-045 – FF4 – Declaration of Restrictive Covenants- The Board approved the Declaration of Restrictive Covenants , authorized the Chairman to execute the Covenants and directed staff to record the Covenants in the Public Records of St. Lucie County, Florida. E.Humane Society of St. Lucie County, First Amendment to October 1, 2006 Agreement to add Spay/Neuter Clinics- The Board approved the proposed First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County and authorize the Chairman to sign the amendment. F.Resolution No. 08-046- This item was pulled for separate vote: a resolution reducing the speed limit on Prima Vista Boulevard from 40 miles per hour to 35 miles per hour beginning at the intersection of RioMar Court, East to the intersection of U.S. 1. 3.PUBLIC WORKS A.Approval of Work Authorization No. 2 with Creech Engineers- The Board approved Work Authorization No. 2 with Creech Engineers for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification, not to exceed $72,000 and authorized the Chairman to sign. 2 B.Engineering Division- Kings Highway Canal Culvert Replacement at Winter Garden Parkway- Change Order No. 1- The Board approved Change Order No. 1 to the contract with Johnson Davis Inc., in the amount of $23,700 for additional Culvert replacement under Kings Highway for the Kings Highway Canal Culvert replacement at Winter Garden Parkway project and authorized the Chairman to sign. nd C.The Board approved the 2 Amendment to Work Authorization No. 3 with Hazen & Sawyer Engineering for Design and Permitting modifications and time extension for Platt Creek Mitigation Area and Storm Management Facilities in the amount of $29,900 and extending the contract to December 31, 2008. 4.ENVIRONMENTAL RESOURCES First Amendment to Work Authorization No. 2- The Board approved and authorized the Chairman to sign the First Amendment to Work Authorization No. 2 for an ext4ension of time to December30, 2008 with Kimley Horn and Associates, Inc., for the design and permitting of a low impact parking lot at the Oxbow Eco Center located on St. James Drive. 5.PURCHASING A.Third Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services- The Board approved the third amendment to Contract C06- 03-164 exercising the second renewal option and authorized the Chairman to sign the amendment as prepared by the County Attorney. B.First Amendment to Contract C06-01-041 with Hennis Construction Inc., for Quarterly Maintenance for High Security Doors at Rock Road facility- The Board approved the First Amendment to Contract C06-01-041 and authorized the Chairman to sign the amendment as prepared by the County Attorney. C.Second extension to Contract C04-01-034 between St. Lucie county and Oglesby Construction, Inc., for Striping and Pavement Markings as needed for St. Lucie County- The Board approved the second extension to Contract C04-01-034 and authorized the Chairman to sign the extension as prepared by the County Attorney. D.The Board approved of the first amendment to Contract C07-12-695 with DeAngelo Brother, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services and authorized the Chairman to sign the amendment as prepared by the County Attorney. 6.CENTRAL SERVICES A.Dooleymack Constructors of South FL, LLC- # C07-04-195 Havert L. Fenn Center Special Needs Shelter Auditorium – Change order # 3 - The Board approved Change Order # 3 to # C07-04-195 Dooleymack Constructors, to increase the contract sum by $310,611.31 the new contract sum will be $13,243,131.67 and increase the contract time ten days; the new date of substantial completion will be September 28, 2008 and authorized the Chair to sign the Change Order as prepared by the County Attorney. B.Approve Facilities Use Agreement- Girl Scouts of Palm Glades Council, Inc,- The Board approved the Facilities Use Agreement between St. Lucie County and the Girl Scouts of Palm Glades Council and authorized the Chairman to sign the Agreement as prepared by the County Attorney. 3 C-2.F Resolution No. 08-046 Reducing the speed limit on Prima Vista Blvd., from 40 MPH to 35 MPH. Com. Grande stated his objection to the speed limit change due to the fact it may create a bottleneck in the area and felt it was counter productive. The County Engineer advised the Board the radius of the roadway as approved to U.S. 1 is to tight to meet the 40 MPH speed limit and in the construction they straightened it to a point where they felt it could handle 35 MPH. They recommend 35 MPH as being the appropriate speed for the roadway. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation and lower the speed limit to 35 MPH, and; upon roll call, the vote was as follows: Nay: Grande, Aye’s: Lewis, Craft, Coward, Smith; motion carried by a vote of 4 to 1. REGULAR AGENDA 5.A GROWTH MANAGEMENT Petition of Lennar Homes, Inc., for a 12 month extension of the approval Final Planned Unit Development Site Plan known as Silver Oaks PUD located at the southeast corner of Tilton Road and Silver Oaks Drive- Consider staff recommendation to adopt Draft Resolution No 08-012 which would grant a 12 month extension to the Silver Oaks Final PUD. The new date of expiration of this project would be March 1, 2009. Mr. Gary Hunter, representing Lennar Homes, advised the Board they had just completed their bid package and the road construction he believed would follow. Com. Grande advised the Board this group had a one year extension previously and he does not see the road being constructed in one years time. He stated he could not support this request and project and felt rejecting this item would bring back a better site plan. Mr. Wally Zaeda, area property owner addressed the Board regarding the right of way and asked if the developer did not build the project would the county still own the right of way. Com. Coward advised those present that the present plan shows a reduction in density from the previous plan and he felt some of the delay were due to the county delay in the Lennard Road project and felt they should approve the extension request. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows; Nay; Grande, Aye’s: Craft, Lewis, Coward, Smith, motion carried by a vote of 4 to 1. 5.B GROWTH MANAGEMENT Petition of Community Savanna Club Joint Venture for an Amendment of Resolution No. 82-058, approving a seventh Amendment to the Amended Development Order to the Development of Regional Impact known as the Savanna Club PUD to re-designate the land use from residential to commercial on three lots of land situated within the Savanna Club PUD Phase VI-VIII for the project known as Savanna Club Sales Center- Staff recommends this item be continued to March 4, 2008 at 6:00 p.m. or as soon thereafter as it may be heard at the request of the applicant to allow the necessary time for the applicant to revise the site plan and landscaping plan in accordance with code requirement. Staff had no objection to this request. Mr. Lee Dobbins, representing the applicant stated staff had asked for minor revisions of the landscape plan and this was the reason for the continuance. . 4 It was moved by Com. Grande, seconded by Com. Craft, to continue this item on March 4, 2008 at 6:00 p.m. or soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Petition of F.P. Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 zoning district to the PCS zoning district- Consider staff recommendation to approve Resolution No. 08-008 with the included conditions. Mr. Noreen Dwyer, attorney for the applicant, was present to address any questions the Board may have. Mr. Albert Jacob, Houston, Cuozzo Group gave a brief presentation on the project. Com. Coward requested adding language where they can make sure there would be provisions for future adjustments for example recreational activities in the Green Area. The County Attorney recommended a general condition be added something to the affect “ appropriate recreational amenities will be addressed at final site plan approval. The Attorney for the applicant stated they agreed with the County Attorney’s recommended language. The TVC Planning Manager recommended this condition be added to condition # 6 as E. It was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation and Resolution No. 08-008 with the included conditions and the additional language added to condition # 6 as recommended by the County Attorney; and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT The request of L/D Real Estate Partnership for a waive from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact 0.36 acres in a Category 1 wetland and for a waiver of Policy 8.1.14.5 to allow 0.04 acres encroachment in the required minimum 50 foot buffer required between the wetland and the residential development- Staff recommends approval of the Minor Site Plan known as Pelican Reef contingent upon the BOCC approval of the requested waive for 0.36 acres in a Category 1 wetland that is required to provide access to the site and 0.04 acres of encroachment in the wetland buffer from the provisions of the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 as may be allowed by Comprehensive Policy 8.1.14.3 and the Land Development Code. Com. Grande addressed the language. The Planner recommended striking through the words “in accordance with the land development code” and leaving in “as long as it meets the conditions of approval.” Com. Grande concurred with this change. Com. Coward requested language where it will state that future homeowners will take full responsibility for the dune system. Mr. Dobbins stated this would be reflected in the Homeowners Association document. The County Attorney recommended adding and condition where it will state the Homeowners Association document shall contain language that obligates the homeowners to maintain the dune system. 5 The Board discussed adding a condition regarding the access. Mr. Dobbins stated they would not have a problem adding the condition with regard to the access road/connection as long as it shows there would be shared agreement with Turtle’s Nest in maintaining the road and the easement with connectivity provided to the property to the North. The County Attorney summarized the 3 conditions being; 1.the language change in the Land Development Code 2.the language added to the homeowners documents regarding the homeowners obligation to maintaining the dune system 3.requirement that the developer provide connectivity to the property to the North subject to joint agreement on maintenance and easements etc. It was moved by Com. Grande, seconded by Com. Craft, to approve staff recommendation with the three added conditions, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY Ordinance No. 08-010- TVC Comprehensive Plan Amendments; stipulated Settlement Agreement (Brown Road) – Consider staff recommendation to approve the Stipulated Settlement Agreement, adopt Ordinance No. 08-010 and authorize the Chairman to sign the Stipulated Agreement and Ordinance No. 08-010. Mr. Tom Babcock representing the petitioner Brown etal. Addressed the Board and requested the Board approve the Stipulated Agreement and Ordinance No., 08-010. It was moved by Com. Craft, seconded by Com. Coward, to approve the Stipulated Agreement, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Grande to approve Ordinance No. 08- 010, 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 6