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HomeMy WebLinkAbout110201 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 1, 2011 Convened: 6:00 p.m. Adjourned: 10:25 p.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Mark Satterlee, Planning/Development Services Director, Millie Delgado-Feliciano, Deputy Clerk ____________________________________________________________________________________________ I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 18, 2011 meeting. It was moved by Com. Lewis, seconded by Com. Mowery, to approve the minutes of the meeting held January 18, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 11-041 – “2-1-1 Awareness Week” Consider staff recommendation to adopt Resolution No. 11-041 as drafted. It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to approve Resolution No. 1- 041, and; upon roll call, motion carried unanimously. Ms. Susan Buza, Executive Director of 211 Palm Beach/Treasure Coast was present to accept the proclamation. B. COUNTY ATTORNEY Resolution No. 11-043 – proclaiming February 12, 2011 as “Companion Animal Adoption Day” in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-043 as drafted. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 11-043, and; upon roll call, motion carried unanimously. Ms. Susan Hargreaves was present to accept the proclamation. V. GENERAL PUBLIC COMMENT Mr. Marty Laven, area resident, addressed the Board regarding long term solvency for government and the long term structural challenges. Mr. Richard Allison, area resident, addressed the Board and provided information regarding his meeting with both Com. Craft and Com. Dzadovsky regarding an inmate program he had proposed previously. 1 VI. CONSENT AGENDA It was moved by Com. Mowery, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 17 and 18 The Board approved Warrant List Nos. 17 and 18. B. COUNTY ATTORNEY 1. Bond Volume Allocation for Geoplasma The Board authorized the County Administrator to sign the completed Form 8328. 2. Teamsters Local Union No. 769 - Collective Bargaining Agreement The Board approved the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorized the Chairman to sign the agreement, subject to ratification of the agreement by the members of the bargaining unit. B. COUNTY ATTORNEY CONTINUED 3. The Board authorized holding a formal public hearing to consider the revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. Based on the apparent violations of the terms of both Resolutions No. 00-022, Staff believes that sufficient grounds exist for the County Commission to hold a formal public hearing, as authorized under Section 11.07.05(H) of the St. Lucie County Land Development Code, to consider the revocation of the Conditional Use permit granting approval to these operations. Staff is requesting the public hearing be scheduled for March 1, 2011 at 6:00 pm or as soon thereafter as possible. 4. After the Fact Revocable License Agreement – Southern Associates, LLC – 1811 SE Walton Road The Board approved the After the Fact Revocable License Agreement, authorized the Chairman to sign the After the Fact Revocable License Agreement and directed Southern Associates, LLC to record the document in the Public Records of St. Lucie County, Florida. 5. ADDITION Resolution No. 11-045- The Board approved Resolution No. 11-045 supporting a letter from the Board of County Commissioners to the State regarding mental health and substance abuse services. C. HOUSING & COMMUNITY SERVICES Housing Division: 1.Neighborhood Stabilization Program (NSP) Modification 2 The Board approved Modification Two to the NSP grant, as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2.Contract Termination 2 The Board approved terminating the balance of contract C10-01-020 with NYC Builders, and authorized the Chairman to sign documents as approved by the County Attorney. D. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 11-042, Budget Amendment The Board approved Resolution No. 11-042 to amend the County budget in the amount of $90,099 for receipt of the grant funds on behalf of the TPO. E. PARKS, RECREATION & FACILITIES Smithsonian Institution Agreement C01-01-236 – Amendment No. Seven (7) The Board approved Amendment No. Seven (7) to Contract No. C01-01-236 with the Smithsonian Institution extending the contract for ninety (90) days and authorized the Chairman to execute documents prepared by the County Attorney’s office. F. ADMINISTRATION 1. Comprehensive Economic Development Strategy Committee The Board ratified the Boards appointments to the Comprehensive Economic Development Strategy Committee. 2. Affordable Housing Advisory Committee The Board ratified Commissioner Lewis’s requested appointment of Marty Sanders to the Affordable Housing Advisory Committee. VII. PUBLIC HEARINGS The general public was advised by the Chairman the Board would be taking public comments and the applicant will be making a presentation pertaining to both items A and B at the same time however, they will be voted on separately. A. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit approval for the MCZ/Centrum Citrus Farms, LLC Mine Consider staff recommendation to approve Resolution No. 11-006 granting a Conditional Use Permit for a sand and coquina rock mining operation. The St. Lucie County Senior Planner provided a review of the project and the conditional use and mining plan. He also advised the Board and the general public of the conditions added. He advised the Board the Planning and Zoning Board had recommended denial at their August 19, 2010 meeting by a vote of 5 to 1. He stated that it contained many more conditions today than when it was presented before the Planning and Zoning Board. The County Engineer provided a summary presentation on the mining permit and the amount of the bonds required for phase 1 and 2 as well as a performance bond for security of this operation. The County Engineer advised the Board and those present of a request for changes to the conditions his office had received last week. They are as follows: a)A change in hours of operation: Trucks will enter the mine after 7:30 a.m. and not leave the mining area until after 8:00 a.m. b)Once Snead Road is improved to county standards with construction of the right turning lane truck traffic will be permitted to use Snead Road c)A voluntary extraction fee will be raised from 10 cents to 20 cents per ton. d)No more than 353 trucks per day will be permitted to leave the site. The County Engineer advised the Board of the need for modified language in the mining permit with regard to the requirement of a proportionate share contribution where the fee cannot be 3 credited for certain items. There are two items that he wishes were not there, the fee cannot be offset by ½ share of the sidewalk and the donated materials must meet or exceed FDOT requirements. These two items are not in the mining permit today. The County Engineer read the names of those who were not able to be present tonight noting their objections to the project. Com. Craft addressed the size of the berm vs. the size of the stacks. He asked if the berm size could be raised. The applicant stated they could increase the size of the berm. Com. Dzadovsky asked what the berm would be made of. The applicant stated there will be vegetation on the berm. Com. Mowery advised the Board there would be vegetation in the front of the berm, the back would be soded. The Environmental Resources Department stated the berm constructed would need to be soded to avoid erosion and there are also code requirements with regard to berms. Com. Mowery questioned if the applicant was proposing to place hedging on the berm itself. The ERD representative stated they don’t believe they were proposing a hedge; the berm itself would be soded unless it was made a requirement. Quasi Judicial Com. Dzadovsky acknowledged speaking with the applicant and property owners. He stated they may be putting the cart before the horse not knowing if this will be approved by the TPO to move the dollars around. We still do not know where the funding will be coming from. Com. Hutchinson advised the Board the 2.2 million is for emergency road safety improvements and can only be used for the 5 ft. shoulder and not for re-construction of the road (Orange Ave.) or for the 13 ft reconstruction of the shoulder. They are not sure until a cost analysis is done. Mr. Lee Dobbins, Dean Mead Minton, was present to represent the applicant and provided the potential benefits of the project. He is aware the primary concern was traffic and the fact that Orange Ave is a road with a lot of truck traffic. He advised the Board the project is conditioned on FDOT funding to move forward. They feel it is better to move forward with the approval and then they can move forward to the FDOT with the approval. The bottom line is that the applicant has done everything the county has requested. Mr. Rick Reikenis, Certified Environmental Engineer, provided a brief presentation and an exhibit on the de-watering issue. This was one of the main concerns of the area residents. Public Comments The following area residents addressed the Board in opposition to the project. The residents described their main concerns with traffic on Orange Avenue, devaluation of property, safety for their children when waiting for school buses, the truck traffic presently on Orange Avenue and the adding of 353 more trucks to the road, water quality and availability, dust, noise, the monitoring of the operation and the trucks, the material used for the road, the financial status of the company, the rural look of the area and the repair and maintenance of the road after the mining project has been completed. Also concerns were expressed about Snead Road and the dump trucks and farm equipment on the road, the fatalities on Orange Avenue over the years, benefit of the project. Walt Reader, 266 Bradshaw Road Mike Brennan, Morningside Community Julie Statin 28810 Orange Ave. (provided 200 signed petitions in opposition) Patricia Scott, Morningside Community Cindy Adams, 25305 Orange Avenue Clair Capp, Clean Water Action Mike McClon, business owner on Orange Avenue Jeff Brown, 10661 Orange Avenue Gregory Brooks, 12001 Orange Avenue resident 4 Carol Mabus, 1181 Orange Avenue Mark Castalino, 901 Castalino Road provided EPA documents he researched on line. Com. Dzadovsky addressed document ADV.29.3 provided by Mr. Castalino and the documentation and review made by Dr. Diane Height from Auburn University that was derived from mine blasting in other areas and this was why property values had been lowered, and also from Ohio State University and the UpJohn case with the Rivers Unlimited. Jeff Reimer, 20107 Orange Avenue Kendal Guettler, 9860 Orange Avenue resident Amanda Castalino, 901 Castalino Road Matt Borkowski, 34400 Orange Avenue Denny Maxwell, Snead Road resident Johnathan Shrouse, Fertilizer/Chemical Company (15810 Orange Avenue) Andrew Castalino, Vero Beach resident Mr. Castalino (no address given) Tony DiClementi-representing Roberta Slovin who could not attend Dottie Heffner, bookkeeper for company in the area Don Starr, Castalino Road Arlene Goodman, White City resident Fletcher Nell, area resident Holly Cohen, on behalf of Uncle who lives on Snead Road Robin Dolan, Orange Avenue resident David Maxwell, 600 Snead Road Robert Case, Snead Road resident Michael Moore, Snead Road resident Mr. Judd Laird, Martin County Mining Company owner addressed the Board in favor of the project and recommended a public /private partnership and also ask the company to give something back to the community. The County Attorney advised the Board they could consider the financial ability of the company for the mining issue however for the zoning issue it is not relevant and need to separate the issues. Mr. Lee Dobbins addressed the Board and requested a continuance to a date uncertain in order to address more concerns and come back with different set of conditions and let the FDDOT process play out more. They are not sure when they will be able to go forward due to FDOT. Com. Craft stated he would like the public to have some finality on this issue. He stated he did not believe he could support a six month continuance. Com. Dzadovsky stated he believes the TPO should have input on this issue and would like for it to be played out. Com. Lewis stated she is support of a continuance in order to obtain all the necessary information. She does not wish to rush to judgment and felt there are too many questions that need to be answered. Quasi-Judicial She also acknowledged having contact with both the applicant and several property owners. She Com. Dzadovsky stated he has a list of questions and would like the public to hear some of the answers. Com. Hutchinson stated she would support if the majority was leaning towards a continuance. Com. Mowery stated he did not have a problem with a continuance but would like a date certain rather than leaving it open ended. There may be some changes at the next meeting depending on how it develops and he also has many questions and comments but would rather hold off. Com. Dzadovsky stated he would like to have the questions answered for those who attended today’s meeting and it be made part of the record. He would be willing to have a continuance for a date certain. Com. Craft asked the applicant if they were able to answer any of the questions today. 5 Mr. Dobbins stated he was not sure he could answer all the questions today, there are many and he is not sure which one’s he should answer or wait. Mr. Dobbins stated the safety issue is what they are attempting to address with this proposal and FDOT should they come to the table and provide more information as it becomes available. Com. Dzadovsky questioned Snead Road and the 10ft. travel lanes. The County Engineer stated most roads have 10 ft. travel lanes in the county and they meet the criteria. The 1 in 6 is the shoulder design standard and he believes it is a safe shoulder. Easements: The plans to reconstruct Orange Avenue are not complete and to comment on it is speculation. Maintenance and millings cost- The County Engineer stated the cost for millings is $75,000 per two lane miles is enough to mill and re-surface. In six years he does not believe the road would need it. There are more than 653 trucks on the road today and the at this point does not need it. Financial Issue- The County Attorney stated there are different perspectives and different standards and explained the difference. Plan for use of property- what reclamation project could be done for the betterment of SLC. Mr. Dobbins stated the SFWMD said they did not want to agree to anything until after they had the mine approval. They have a condition stating they will discuss this issue with the SFWMD. There are designs in the reclamation plan. It was moved by Com. Lewis, to approve the continuance as requested by the applicant Com. Dzaodvksy asked if the applicant would be willing to pay for the cost of notifying the residents. Staff advised the Board they could provide a list with name and addresses. The applicant agreed. Com. Craft recommended having an update in 90 days as to where they are with FDOT and make a decision to continue it to a date uncertain. Quasi Judicial Com. Craft acknowledged having contact with the applicant and area residents and also the receipt of e-mails. Com. Hutchinson echoed the same disclosure. Com. Lewis withdrew her motion. It was moved by Com. Lewis, seconded by Com. Mowery to move to a continuance to a date uncertain with the provision that an update/progress be provided in 90 days (May 3) as to where rd they are with FDOT (not a hearing) at that time they can determine the date certain and also the applicant will pay the cost of the advertising, and; upon roll call, motion carried unanimously. B. PUBLIC WORKS MCZ/Centrum Citrus Farms Mine Permit Application Consider staff recommendation to approve the mining permit application for MCZ/Centrum Citrus Farms mine subject to the approved plans and the General and Special Conditions. It was moved by Com. Lewis, seconded by Com. Mowery, to move to a continuance for a date uncertain with the provision that an update/progress be provided in 90 days (May 3) as to where rd they are with FDOT, and; upon roll call, motion carried unanimously. 6 C. COUNTY ATTORNEY Ordinance No. 11-005 (fka 10-033) – Providing for Eminent Domain Waivers Consider staff recommendation to adopt Ordinance No. 11-005 and authorize the Chairman to sign the Ordinance. Mr. John Ferrick, area resident addressed the Board and asked when the CURE Plan be submitted and who will draft it and when will the property owners be able to review it. He expressed his concern with the FDOT being a partner due to the length of time it may take them to review it. The Assistant County Attorney stated the Board of Adjustment would be doing the submittal and also approved by the Board of Adjustment. The Public will be notified of the public hearings. Ms. Arlene Goodman, area resident addressed her property and the proximity to Midway Road. She asked how she would get money and from whom should they take the 1 20 ft. of her property. st She also has rental properties and has concerns this may put her out of business. The Assistant County Attorney addressed Ms. Goodman’s question. Com. Mowery advised Ms. Goodman of the process. The County Attorney advised Ms. Goodman she would get an appraisal and DOT has their own process, they have a team and she will receive a written offer as required by law. She can also get her own appraiser and attorney. She will have the ability to develop a plan to continue in business. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance 11-005, and; upon roll call, motion carried unanimously. D. COUNTY ATTORNEY Ordinance No. 11-004 – Amending Article II (Stopping, Standing and Parking) of Chapter 1-20 (Traffic) of the Code of Ordinances Consider staff recommendation to adopt Ordinance No. 11-004 and authorize the Chairman to sign the Ordinance. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Ordinance No. 11-004 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 7 8