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HomeMy WebLinkAboutAmended Min 10 07 2015h FLORIDA Regular Meeting October 7, 2014 Convened: 6:00 PM Adjourned: 9:39 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Title Status Arrived Frannie Hutchinson District No. 4 Chair Present 6:00 PM Paula A. Lewis District No. 3 Vice -Chair Present 6:00 PM Chris Dzadovsky District No 1 Present 6:00 PM Tod Mowery District No 2 Present 6:00 PM Kim Johnson District No 5 Present 6:00 PM Bob Bentkofsky Deputy Administrator Present 6:00 PM - Daniel S. McIntyre -� - County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Marie Gouin Office of Management & Budget Director I Present 6:00 PM Sherry Burroughs Control and Coastal Mgt- Serv.TDirector Present 6:00 PMs - Mark Satterlee -Mosquito T-�-=- Planning & Dev Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM Generated 121311201410:55 AM Regular Meeting Tuesday, October 7, 2014 6:00 PM that we are showing our level of support for the fathers in this day and age and thanked the Board once again. 4. Resolution 2014-152 - Proclaiming October 5, 2014 through October 11, 2014 as "Fire Prevention Week" in St. Lucie County, Florida Assistant Fire Chief Carlos Duran accepted the proclamation on behalf of Fire Chief Ron Parrish and St. Lucie County Fire District from Commissioner Hutchinson thanking the Board for helping them get the word out to the community about fire prevention week. Assistant Chief Duran provided information on several programs currently going on in the community, including the installation of smoke detectors in the community. 5. Resolution 2014-153 - Proclaiming October 2014 as "National Disability Employment Awareness Month" in St. Lucie County, Florida Helping People Succeed Inc., Public Relations representative Adrienne Moore accepted the proclamation from Commissioner Hutchinson and provided background information on the program. She provided the highlights of their current program mentioning they have more programs focusing on autism as it has become a disability that has come to the forefront in the more recent years. She discussed businesses which support adults with disabilities and businesses who hire those with disabilities, mentioning the Clerk of Martin County Courts who has hired three of their participants. She stated she would like to talk with the St. Lucie County Clerk about hiring some of their participants also. She provided some examples of success stories and thanked the Board for declaring the month, National Disability Employment Awareness Month. Commissioner Dzadovsky shared the success story of his older brother who has a learning disability but has been a faithful worker for 30 years and never missed a day's work. He stated he is now 65 and will soon retire and has been a productive worker all of his years. He stated these are the type of people employers should want to hire. He asked Ms. Moore where people might contact them for further information. Ms. Moore provided the agency's website address www.hpsfl.org stating they can reach the Community Connections Department where they can connect with all the services for those with disabilities. 6. Resolution 2014-163 - Proclaiming October 2014 as "National Arts and Humanities Month" in St. Lucie County, Florida Artist -at -Large and Front Line for Kids teacher, Debra Magrann accepted the proclamation from Commissioner Hutchinson. She provided background information on her qualifications and past positions she's held within the Arts and Humanities field stating how grateful she was for the resolution. 3 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM http://www.sinkourship.org/ and noted they have an Annual Oyster Festival to raise funds for the organization also. 2. Taylor Creek Dredging The Public Works Director provided a presentation on the current status of the Taylor Creek Dredging project. He noted it was a multi -phase, environmental project spanning many years to remove the muck sediment from Taylor Creek. The presentation provided the history and a timeline with photos as well as a map with the pipeline route to the spoil site where the muck is being pumped. He noted some of the muck from the spoil site will be utilized to create a landscape berm around the FEMA plot which is located on Indiro Road, helping to beautify and disguise the plot while making good use of the material at the same time. Staff showed a fly -over of the dredging machine in Taylor after they reviewed the full timeline breakdown which noted they are now moving into the Final Phase which they hope to complete in December. 3. Resolution 2014-162 - Supporting the application to name the St. Lucie County State Veterans Nursing Home after Fort Pierce Medal of Honor Recipient, Sergeant Ardie R. Copas The Veterans Services Manager provided background information and requirements for the application and discussed the qualifications of the applicant they are supporting. Staff recommended the Board of County Commissioners adopt the proposed resolution as drafted by the County Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson VI. GENERAL PUBLIC COMMENT Commissioner Hutchinson opened for Public Comment. Dr. Michael Hoffstee, 5417 Stately Oaks Street, Fort Pierce - Thanked the Board for helping secure the Veterans Nursing Home facility for St. Lucie County stating he is excited for the men and women of St. Lucie County who will benefit from its services. He stated he was here in an official capacity as the St. Lucie County Republican State Committeeman representing 56,131 registered Republicans in St. Lucie County there representing the Republican Party. He was there to comment on Agenda Item VIIC1. Permission to Advertise - Medical Marijuana Dispensaries." He commented that the polling is all over the place on the issue, noting it's not a slam dunk and there is plenty of polling suggesting it's not going to pass. He stated they don't have a crystal ball and St. Lucie County Republican Party opposes passing this type of ordinance to advertise it prior to Election Day. If the constitutional amendment does pass, there will be plenty of time to regulate locations where marijuana users, 5 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM bridge being carried by the currents. On his return it became clear to him the ship was a dredge and it was stirring the muck up instead of taking it onboard. George Baker - Commented he was very impressed with the Indian River Lagoon Science Festival stating it was very well laid out, very well organized, you could talk to people and get a lot of information. He encouraged the public to visit the next festival and "try to get yourself educated as to what's really going on in this county." He said he doesn't get impressed by too much at his age but he was very impressed by the event. He really liked it. He also agreed with the statement that the parking was well run and stated that it really looked good for the county to be that well organized. Commissioner Hutchinson made an announcement that there will be a "Community -wide Thank You" event from the Board to the community for all the help they have done to help land the Veterans Nursing Home placement in St. Lucie County. The event will take place on Monday, October 13, 2014 from 10:00 AM - 11:30 AM at Tradition Hall. The event is free and open to the public, it's the Board's way of saying thank you to the public for their help. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery,, District No, 2 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky,Mowery, Johnson A. WARRANTS Warrant List Numbers 49, 50 & 51 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 7Page Regular Meeting Tuesday, October 7, 2014 6:00 PM There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Tax Collector Advance Request 2. Supervisor of Elections Advance Request and Budget Amendment 3. Dori Slosberg Mini -Grant Awards J. PARKS, RECREATION, & FACILITIES 1. 2014 / 2015 Grant Agreements for the Treasure Coast Sports Commission 2. Award of Bid No. 14-047 - Purchase and Installation of Three (3) 16' Arena Fans at the St. Lucie County Fairgrounds Equestrian Arena 3. Waiver of Fenn Center Rental Fee for the "Queens Among Us" Community Event 4. Tradition Field - Main Field Renovation (Drainage Improvement, Artificial Turf Replacement, and Bid Process Waiver) K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Contract Cancellation -Terra Maintenance, Co. N. SHERIFF'S OFFICE Resolution 2014-159 - Authorization to accept the 2014 State Criminal Alien Assistance Program (SCAAP) Grant O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS 91Page Regular Meeting Tuesday, October 7, 2014 6:00 PM Commissioner Dzadovsky agreed and reiterated how important it is to get ahead of things as a "process" noting they can always withdraw it if necessary but stated he feels its better with the holidays and time constraints facing the Board. Commissioner Johnson stated he wanted the public to think of the situation as being more preparation on the situation than anything else, there won't be a vote tonight stating they are for it or against it. We're just trying to get ahead of it and put measures in place that are going to protect and benefit the best interests of the citizens as the situation progresses. He stated they understand the public's side, commitment, values and beliefs but at the same time if the Board doesn't put measures in place when the time window slowly closes in on them to deal with the issue they have to take action but they have the citizen's best interest at heart relative to the situation. Commissioner Lewis stated from a staff's perspective this is what is considered due diligence at this point and time looking into the Board's options and seeing what kind of spacing and what kind of boundaries they have. It has been indicated it will require 3 more hearings so there needs to be sufficient time for all these actions. She noted given the fact the Legislature has taken action already she feels the Board should take some sort of action now. The November election will determine how far they have to go with their boundaries but at this point in time they do need to take some action. Commissioner Mowery added Orlando is doing a county -wide ordinance for the entire Orange County and the League of Cities mentioned they will have had close to 2/3's of all the cities in the state take some type of discussion action prior to the election. Something should be in place by the January date but it would be better by November. Commissioner Dzadovsky stated another point is they have not had the opportunity to speak with any of the other municipalities regarding the issue and developing a comprehensive approach to it could be something they could do perhaps addressing it from the "pill mill standpoint". Commissioner Mowery brought up several options other counties are utilizing and agreed with the comprehensive approach. Commissioner Hutchinson also agreed with fellow Board Members noting this is only permission to advertise and as all were in agreement that action needed to be taken she asked Assistant County Attorney when it would be heard before the Planning and Zoning Board in November. Staff requested permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. 111 Page Regular Meeting Tuesday, October 7, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson' B. PUBLIC WORKS Resolution 2014-161 - Midway St. Lucie, LLC/Selvitz Crossing - Public Hearing for Paving Waiver and Fair Share Contribution Agreement Public Works Surveyor provided background informat.ion and a presentation on the proposed Waiver and Fair Share Contribution Agreement and introduced the Developer's representative from Culpepper and Terpening, Dennis Murphy. Mr. Murphy provided an overview of the project and the proposed lot sizes noting there will be 10 residential lots fronting onto Christensen Rd., stating the lot sizes are consistent with those on the existing lots of the corridor. After discussion with the Board regarding concerns over damages to the road by construction, who would bear the cost if said damages occurred and the determination that existing residents do not want a paved road but wish for it to remain in it's current state; Commission Johnson stated he would consider waiving the Fair Share Contribution Agreement if the Developer would agree to post a $70,000 bond to be held for a period of time to cover any damages that might occur to the road during construction. Staff stated such a bond would be held for 10 years per Code and Mr. Murphy, after consultation with the Developer, stated the Developer agreed to those terms and would post a $70,000 bond for the 10 year period in exchange for waiving the full amount of the Fair Share Contribution Agreement. Commissioner Hutchinson opened the meeting for Public Comment. Jane Rowley, 4380 Christensen Road - Stated she was originally against granting the waiver but after hearing the discussion regarding the bond she was now a little more in favor of it. She then expressed that she feels the road should remain as it is and not paved. She said the new construction would increase the traffic to roughly 125 trips per day which will definitely take a toll on the road. She then asked about Parcel C going across the west side of the project and wanted to know if someone builds on that property would it be opened up onto Christenson Road and who would pay for the culvert that would need to be built to reach the road. Staff answered stating the property is owned by the City of Fort Pierce so he couldn't speak for them but it was his understanding that anyone who purchased the property would create a culvert at an expense of $350,000 and the property would not be fronting Christensen Road. 131Page Regular Meeting Tuesday, October 7, 2014 6:00 PM but because he did not agree with the bond stipulation he voted against approval of the waiver. After further discussion among the majority of the Commissioners it was felt the Developer should not be made to bear the cost of paving the entire road when the existing residents had already stated the road was showing wear and tear so they were not in agreement that he should be made to pay funds up front and a $70,000 bond would suffice. County Attorney summarized the discussion which resulted in the revised motion listed below. Board approved staffs approval recommendation of the Paving Waiver and authorization for the Chair to sign documents as approved by the County Attorney with the following stipulations: County agrees to waive all fees associated with the Fair Share Contribution Agreement; County approves the Paving Waiver; Developer shall provide a $70,000 Maintenance Security Bond to be held for 10 years as security against damages to the road during construction; Developer agrees to donate and additional 5 feet along the West Right of Way of Christensen Road making it a combined total of 10 feet the developer agrees to donate. OYES: Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Kim Johnson VAYS:` Chris Dzadovsl<y C. COUNTY ATTORNEY 1. Code Enforcement Case No. 81182 - 3625 Pleasant Acres, Fort Pierce, FL - Unsightly and unsanitary conditions causing serious threat to public safety Assistant County Attorney provided a presentation on Case No. 81182 - 3625 SE Pleasant Acres property noting staff had spol<en with the owner who had stated they would have the means to pay for the required repairs by the end of the month. Staff originally recommended the Board authorize them to abate the violations removing the culvert and place a lien on the Property for the cost but after conversation with owner, staff requests a modification to the recommendation as follows: the same recommendation will stand but will not be enforced until after the 30th of November if the owner does not comply with Code Enforcement requirements. 15Page Regular Meeting Tuesday, October 7, 2014 6:00 PM Commissioner Dzadovsky stated he is interested in moving forward but would like to have the part about the sale included in the settlement. It was moved by Commissioner Mowery; seconded by Commissioner Lewis to accept the McCarty Ranch Settlement Agreement. Commissioner Dzadovsky wished to place his comments/concerns on the record regarding not having the approval of the agreement contingent upon the sale of the properties and stated he would not support the vote. Commissioner Hutchinson stated under normal circumstances she may be hesitant as well but she feels there has been a move in the right direction and a show of good faith on both sides so she feels comfortable moving forward with the motion. After further discussion, Commissioner Dzadovsky changed his mind agreeing with the good faith comments and has decided to vote yes to the settlement agreement. Commissioners Lewis and Johnson both agreed the County needed to move forward with approving the settlement agreement as an act of good faith. The County Attorney recommended the Board approve the Settlement Agreement and authorize the Chair to sign the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson. B. PUBLIC WORKS Midway Road Widening (Selvitz Road to S. 25th Street) Bid Award County Engineer provided background information and a presentation on the multi- phase Midway Road widening project outlining each phase and it's duration for the Boards review. He noted FDOT's road project will start immediately after the completion of the Midway Road Project in 2016. Costs and time lines were reviewed. Commissioner Mowery discussed the fees listed noting his concern over the higher than normal fees being projected in some costs but feels there may not be enough projected in the construction budget. Staff answered stating he will take full responsibility for the level of the fees and has ensured there will be sufficient funds to cover costs. He noted if they do not need the funds it will not be spent and staff will have full discretion over how the funds are spent. Commissioner Hutchinson stated the project has been a longtime coming, it's very detailed and it's taken a lot of hard work from many people to get to this place but she has a great deal of faith that they will keep costs in line. 171Page