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HomeMy WebLinkAboutBOCC Minutes 03-04-2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 4, 2008 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chariman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Jim David, Mosquito Control Director, Don West, Public Works Director, Lauri Case, Utilties Director, Millie Delgado-Feliciano, Deputy Clerk 1.INVOCATION 2.PLEDGE OF ALLEGIANCE 3.MINUTES It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held February 26, 2008, and; upon roll call, motion carried unanimously. 4.PROCLAMATIONS/PRESENTATIONS None 5.GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce residentm addresed the Board regarding the criminal element in the area from South Florida, the Port and possible food and beverage establishments for downtown Ft. Pierce. 6.CONSENT AGENDA It was moved by Com.Lewis, seconded by Com.Craft, to approve the Consent Agenda, with item C5-A pulled, and; upon roll call, motion carried unanimously. 1.WARRANT LIST The Board approved Warrant List No. 22. 2.UTILITIES A.Addendum # 1 to Work Authorization # 1 with Masteller & Moler, Inc., for engineering services for the extension of a 16” force main from US 1 North to Taylor Creek South to Ft. Pierce Utiities lift station at Indian River Drive and Backus Avenue- The Boarf approved Addendum # 1 to Work Authorization # 1 with Masteller & Moler in th eammoun tof $22,500.00. B.Addendum # 1 to Work Authorization # 22 with Masteller & Moler, Inc., for engineering services for design, cnstruction plans, permitted, specifications, administration and inspection of the Holiday Pines Reverse Osmosis Oermeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd for 1 an extension of time to April 22, 2008- The Baord approved Addendum # 1 to Work Authorization # 22 with Masteller & Moler Inc., 3.GRANTS Authorize the submittal of a grant application to the American Sport Fishing Association- Fish America Foundation for funds in the amount of $45,000 from the U.S. Department of Commerce- National Ocranic and Atmospheric Administration . These funds will be utilized for three projects sites: John Brooks Park, Queens Island Park and Avalon State Park- The Board authorized the submittal of the grant application for the Indian River Lagoon Wetland Restoration Project. 4.PUBLIC WORKS A.Engineering Division- Ten Mile Creek, Gordy Road Recreation Area- Work Authorizatin No. 1 with KimleyHorne and Associates in the amount not to exceed $30,152 for the design of Frisbee Golf Course Access Road- The Board approved Work Authorization No. 1 with Kimley Horn in the amount no tto exceed $30,152 and authorized athe Chairman to sign. B.Amendment 1 for WA# 1 wih Creech Engineers, Inc.- The Board approved Amendment 1 fo WA# 1 with Creech Engineers, Inc., for a time extension for Professional Continuing Services fpr FEMA Countywide Community Rating System Annual Recertification and authorized the Chairman to sign. C.Road and Bridge Division- The Board approved Equipment Request EQ08- 303- to purchase a new Cold only Sign Laminator from Sign Warehouse in the amount of $4,304.65.- and Equipment Request EQ08-304 to make a sole source purchase of a 60” ditching bucket from Perberton, Inc., in the amount of $5,600.00. 5. CENTRAL SERVICES A.This item was pulled./ Old courthouse Rennovations project B.Sale of Hewlett Packard graphic Plotter that was purchased by Central Services in 2005- The Board approved sellling the Hewlwtt Packard graphic Plotter that was purchased by Central Services in 20005 to Court Administration in the amount of $2,000. C.Edund Dritenbas Binkley Architects and Assoc. Eighth Amendment – The Board approved the Eighth Amendment to the September 1, 2003 Agreemetn (CO3-08-520) with Edlund Dritenbas Binkley Architects and Associates to provide additional services for the western extension of the Sally Port at a cost of $15,600 and authorized the Chiarman to sign the Amendment as prepared by the County Attorney. 6. HUMAN RESOURCES Dr. Michael Patipa, M.D. Inmate medical Care Invoice- The Baord approved payment of Dr. Michael Patipa’ s invoice in the amount of $8,440.00 per State Statute. 7. REGULAR AGENDA PUBLIC HEARINGS 1.COUNTY ATTORNEY - Ordinance No. 08-008 Amending Section 7.10.23 of the Land Development Code- Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas- This is the first of two public hearings. No action required at this time. The second public hearing is scheduled for April 1, 2008. 2 Mr. Eddie Bean, representing the industry, addressed the Board and requested the Ordinance be modified so that it is easier on the industry. He expressed his concerns with those application already in process and submitted. He requested those applications submitted be vested. The Board requested Mr. Bean submit all his recommened changes to staff prior to the next public hearing for the Board’s review. Mr. Rick Rickter, also representing the industry, addressed the Board and advised them he application was submitted and would be before the Planning and Zoning Board. He stated he would like to be judged under the old code The County Attorney recommended looking at the process of when the submittal was makde and make rrecommendations or a decision after all the facts are obtained. Com. Coward stated he would like for the Board to treat those applicants that are already in the process fairly. No action required. 2.GROWTH MANAGEMENT- Consider Draft Resolution No. 08-003 for St. Lucie County Director of Growth Management – A resolution granting a Change in Zoning from PUD Pelican Pointe Zoning District to HIRD Zoning District for certain property in St. Lucie County. Staff addressed the Board and gave an overview of the project. The Board was advised the Planning and Zoning Board approved this change in zoning by a 9-0 vote. Quasi-Judicial No contacts were acknowledged by the Board members. It was moved by Com. Grande, seconded by Com. Lewis, to approve Resolution No. 08- 003, and; upon roll call, motion carried unanimously. 3.COUNTY ATTORNEY- Peititon for Abandonment- Consider staff recommendation to approve Resolution No. 08-076 and Resolution No. 08- 077 instruct staff to publish the final Notice of Abandonment, record Resolution No. 08-076 and Resolution No. 08-077, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. The Land Acquisitions Manager addressed the Board on this item. It wasmoved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 08- 076, and; upon roll call, motion carried unanimously. 4.GROWTH MANAGEMENT - Petition of James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC for a waiver of Comprehensive Plan Policy 8.1.114.2 that prohubuts impact on category 1 wetlands and a Major Site Plan for property located on South Hutchinson Island along Highway A1A one- quarter mile South of Frederick Douglas Park and due south of SEA Oats, North of Middle Cove for a project to be known as Hutchinson Sands- Draft Resolution No. 08-017- Consider staff recommendation to approve the petition contingent upon the Board’s approval of Waive to Policy 8.1.14.2 permitted by Policy 8.1.14.3 ands the St. Lucie County Land Development Code. Mr. James P. Brown addressed the Board on this item. 3 Quasi Judicial- All Board members acknowledged having contact with the applicant. The Environmental Resources Department gave an overview of the conservation and impact of wetlands, public access and the enhancement of the mangroves. Com. Coward stated there was not a way to eliminate any impact to the wetlands due to the configuration of the property. The applicant has reduced the amount of buildings and have over 100 acres of conservation land. He believes the project is not at a point where it is ready to proceed. Com. Lewis concurred with Com. Coward and stated she appreciated all the work done by both staff and the applicant. Com. Gande commented on the property to the south and stated he does not expect the applicant to work this issue out, he believes the county will handle that end but he does expect to see the driveway. Mr. Harold Melville, attorney for the applicant, addressed the language on page 3 of 10 section “E” on the waiver, last sentence” any modifictions must be approved by the BOCC or the waiver will be null and void. He believes it should read any impact on the wetland would be reqired to come back before the Board. Com. Grae stated he would like for it to read “any change that has an environmental impact.” Mr. Melville stated he did not have a problem with this. Mr. Melville also addressed condition 15, page 6 of 11, he suggested it read “simultaneously with the issueance of the first building permit to the site” Com. Smith expresswed his concern with the fact there were times a project would begin and then stop for whatever reason. The County Attorney stated he read it as a “vegetation removal permit” not a building permit. Com. Coward stated he was more comfortable with the “vegetation removal permit”. Mr. Melville recommended it read, “simultaneously with the vegetation removal permit”. Com. Coward concurred. Mr. Jim David, Mosquito Control Director advised the Board the property has two fishing piers, 2 observation towers and other recreational items. Mr. John Holt, 11122 Orange Avenue, Ft. Pierce, addressed the Board and expresesd his concern with the environment and the eco- system. He is troubled with the fact they are chipping away at the wetlands. He does not see any improvement. The County Attorney addressed the modifications: 1.page 3 paragraph E, insert “ that have an enviromental impact must be approved by the Board. 2.page 6 insert the words “ simultaneously with the vegetation removal permit”. It was moved by Com. Craft, seconded by Com. Coward to approve the petition as recommended by staff with the modifications as requested by the Board, and; upon roll call, motion carried unanimously. 4 GROWTH MANAGEMENT - Draft Resolution No. 08-002- Petition of the Community Savanna Club Joint Venture for an Amendment of Resolution No. 82-058 approving a seventh amendment to the Amended Development Order to the Developmentn of Regional Impact known as the Savanna Cllub- Consider saff recommendation to adopt the Resolution granting approval of the request as contained in Draft Resolution No. 08- 002 with four limiting conditions. Staff recommended the wall be constructed a per code, however this would be at the descretion of the Board. The applicant recommended a vegetation hedge be installed opposed to a concrete wall. Com. Grande asked if the sales office is no longer needed in the future can they require a condition that it go back to a residential use opposed to it remaining commercial. The County Attorney stated the Board can apply reasonable conditions to the site plan such as a reverter clause. Mr. Lee Dobbins, representing the applicant stated there is a clause where it could only be used for the purpose of a sales office and would have to come back bfore the BOCC for a change in that use. Com. Grande stated he would like to see a reverter clause stating it would revert back to a residential use. Quasi-Judicial- Com. Coward acknowledged meeting with Mr. Dobbins and receiving e-mails concerning this item. Com. Lewis acknowledged receiving the e-mails and meeting with Mr. Dobbins. Mr. Emil Berther, Savannah Club resident, questioned who would be responsible for maintaining the hedge. Mr. Dobbins stated the company would maintain the hedge because the company was the owner of the parcels. Mr. Ed Gale, Savannah Club resident, addressed the Board and stated he has 100 letter stating their opposition to the change to commercial for the sales office. These letters were submitted for the record. Mr. Dobbins addressed the two different ownerships in the Savannah Club development. He also advised the Board Mr. Gale was a real estate agent and he believed the sales office would be of competition to his business. He also advised the Board he had a letter from Ms. Kathy Horton where it stated the Homeowners Association approved of the change. Mr. Dobbins stated he believed the hedge would be more attractive around the sales office and presented a drawing of the proposed landscaping. The Landscape Architect addressed the Board on this item and advised them the proposed landscaping exceeded the present code. Com. Craft stated he believed the vegetation hedge was much better than the wall and felt the use was less of a problem than the existing club house. Com. Lewis stated she could not see any increase in traffic due to the sales office. She also stated she concurred with the idea of the reverter clause. Mr. Carmen Dersel, Savannah Club resident advised the Board Ms. Horton is no longer a member of the Board of the Homeowners Association. 5 Mr. Dobbins advsied the Board they held a meeting with the residents on February 13, 2008 to answer any questions and he believed they had a good turnout. Mr. Dobbins advised the Board his applicant did not have any objection to the reverter clause stating the property would revert back to residential should the sales office no longer be needed. The County Attorney recommended the following language for the condition page 12, paragraph 25 add to the condition : if the use is abandoned the use will revert to residential. I t was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No 08-002 with the addition of the reverter clause to the condition, and; upon roll call, motion carried unanimously. BOARD COMMENTS Com. Craft addressed the Board and advised them that he was withdrawing his support for the wind turbine project proposed by FPL . He stated to him was it always about net environmental gain and nothing else. There being no further business to be brought before the Board, the meeting was adjourned. _________________________ Chairman ________________________ Clerk of the Circuit Court 6