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HomeMy WebLinkAboutMinutes 06.20.20217S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 20, 2017 Convened: 6:00 PM Adjourned: 8:19 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Title District No. 1, Chairman Arrived Chris Dzadovsky Present 6:00 PM Tod Mowery District No. 2, Vice -Chairman Present 6:00 PM Linda Bartz District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. 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 Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM John Wiatrak Airport Manager Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM Alice Sennott Assistant Present 6:00 PM 2. INVOCATION Generated 6127120179:38AM Regular Meeting Tuesday, June 20, 2017 6:00 PM 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, June 06, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming June 25 through July 1, 2017 as "National Mosquito Control Awareness Week" in St. Lucie County, Florida. Terrill Mincey, the Mosquito Control Manager accepted the proclamation. Gene Lemire, Mosquito Control Chief Entomologist and Wren Underwood, Environmental Education and Eco- Tourism Coordinator presented "Mosquito Control Awareness Week". Mr. Lemire detailed the major efforts by St Lucie County Mosquito Control program. He explained the threat of Zika and other mosquito -bourne diseases and the county's plan of action. Ms. Underwood emphasized the importance of public education to minimize the impact of mosquitoes. She detailed the best ways to protect against mosquito bites. Ms. Underwood also presented the efforts by the county to reach the public and educate residents on the topic. She indicated the Oxbow Eco- Center will host events for Mosquito Control Awareness Week on June 29th from 10 AM to noon and July 1st from 9 AM and 11 AM and more information and reservations are available through the center at 772-785-5833. She also noted the information available on the St Lucie County Mosquito Control website stlucieco.gov/mosquito and phone number 772-462-1692. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. PUBLIC COMMENT Charles Grande, a Hutchison Island resident, thanked the board for their vote asking for an administrative hearing on the Sunbreak Farms application. He asked the Board to look further into the legality of their "right to farm" claim because he believes that the potential damage to the St. Lucie watershed, which is a protected watershed, invalidates Sunbreak Farms right to process biosolids under the "right to farm" act. He indicated that the "right to farm" excludes anything that would damage protected watersheds and therefore Sunbreak Farms' biosolids processing would not be permitted under their right to farm because of its potential to harm the St. Lucie watershed. 21Page Regular Meeting Tuesday, June 20, 2017 6:00 PM Pat Simmons, a St. Lucie County resident, spoke to raise awareness that June 21 is "ASK Day" as declared by the Brady Campaign to Prevent Gun Violence. She related that parents and caregivers, when their children are going to someone's house, should ask if there are any guns in the home, loaded or unloaded, secured or locked. She cited the recent example of a child in Boynton Beach who found a loaded gun with the safety off in her toy box. She indicated that the 3rd leading cause of death in America from children ages 1 to 17 is gun violence. She asked the counties and cities to form a task force on gun violence and start a conversation on this topic. Tom Kindred of 1905 Wyoming Avenue, spoke about the naming of the stadium. He indicated that Thomas White, who was instrumental in developing St. Lucie West and the stadium, used to have his name on the stadium sign. He urged the Board to consider putting his name back on the stadium sign along with the St. Lucie County Board of County Commission, as it was originally, in order to give credit to those who were instrumental in its development. Chairman Dzadovsky expressed thanks to Mr. Kindred for his contributions to St. Lucie County as a former county administrator. Richard Silvestri of 5708 Buchanan Drive, expressed his interest in speaking about the DEP application, composting ordinance, and general public comments, and wanted clarification about whether he had three minutes to speak about all those issues. Chairman Dzadovsky clarified that there are two separate issues regarding the FDEP application and composting. The first issue concerns an application to FDEP by Sunbreak Farms for a permit to process biosolids on their farm. It is a separate item that was not being heard at Tuesday night's meeting. Anyone wanting to comment about that issue could do so during the public comment portion of the meeting. The second issue concerns the commercial composting ordinance being discussed tonight, and anyone wanting to comment on that issue could do so during the public hearing portion. Mr. Silvestri continued with his comments. He commented about the issue of Home Rule brought up earlier in the meeting and cited several examples of local issues that are pre-empted by Florida state law. He indicated that he would like to be part of the county's discussions on home rule. He then cited an example of a community in Pennsylvania where their home rule has been pre-empted in the case of fracking for natural gas. He indicated that he supports the Home Rule resolution that was passed and thanked the Board for doing so. 7. PRESENTATIONS A. 2017 United Way Golf Tournament Wrap -Up - Leslie Olson, St. Lucie County Planning & Development Director & Ron Parrish, St. Lucie County Public Safety Director The County Planning and Development Director and County Public Safety Director presented the 2017 United Way Golf Tournament Wrap -Up. As the co-chairs of the county's United Way Fund Initiative for 2016/2017, staff indicated the 3rd Annual Ultimate Drive Golf Tournament was extremely successful. The County Planning and Development Director acknowledged the members of the committee and volunteers who participated in the event. She also thanked the Public Safety Director for his fundraising and achievement of securing 3 Diamond Level Sponsors: Dickerson of Florida, the Hunt 3 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM Foundation and Motorola. She stated 46 other regional and local businesses supported the event. Staff announced the St Lucie County Ultimate Drive Golf Tournament raised over $52,000. She indicated that event combined with employee fundraising and the volunteer showdown brought the Board of County Commissioners total giving for the year to over $76,000 and 146 volunteer hours. She introduced the co-chairs for next year's tournament on May 5th 2018, the HR Director and the HR Manager and indicated sponsor pre -registrations are being accepted at 772-462-4056. The County Planning and Development Director stated the county's media resources will provide sponsors with additional publicity for the event. Staff thanked the County Administrator for his efforts to improve the county's fundraising campaign. The County Administrator stated the goal for next year would be $2 million countywide. He thanked the co-chairs for their hard work and leadership with the golf tournament and explained the impact their efforts will have on members of the community. Roxanne Wells and Monte Kosoff with the United Way addressed the Board. Mr. Kosoff thanked the county for their contributions to the United Way. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 35 & 36 B. ADMINISTRATION 1. Scrivener Error Correction - Budget Resolution - Update Master Plan and Airport Layout Plan (ALP) Federal Aviation Administration (FAA) Board Acceptance of FAA Funding 2. Resolution to Authorize The St. Lucie County Commission To Participate In A Joint Meeting With The Indian River County Commission And The Martin County Commission To Discuss And Plan Matters Of Mutual Interest; And Providing For An Effective Date 3. Custom's Renovation Change Order No. 09 C. COUNTY ATTORNEY 1. Council on Aging of St. Lucie County, Inc. - First Amendment to 2014 Master Transit Agreement 2. Professional Utilities Engineering Services - Termination of Continuing Contracts 3. Resolution - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Noble Oaks Estates 4 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM 4. Resolution - Street Name Change - Sun Citrus Boulevard to Steel Boulevard 5. Revocable License Agreement - River Park - 120 SE Selva Court - Parcel ID 3419-550- 0010-000-8 - Install fence in a Drainage/Utility Easement 6. Revocable License Agreement - River Park - 170 Princess Drive - Parcel ID 3419-520- 0031-000-8 - Install fence in Utility/Drainage Easement 7. County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process 8. Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the Lease of Office Space in the Fort Pierce Parking Garage D. COMMUNITY SERVICES 1. Resolution - Donation from WellCare Health Plans, Inc. 2. Memorandum of Understanding with Florida Department of Health - Housing Opportunities for Persons with AIDS. 3. Florida Commission for the Transportation Disadvantaged FY18 Trip and Equipment Grant re11WAIWIF-1IIT-A1119101 There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. 01a1_1011R*4911104M There are no items scheduled. H. INFORMATION TECHNOLOGY 1. Conduent Software License and Services Agreement Amendment No. 7 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 2. Conduent Technical Currency Agreement Amendment No. 11 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 3. Gartner, Inc Service Agreement Amendment No. 2 I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 51 Regular Meeting Tuesday, June 20, 2017 6:00 PM There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Removal of Fixed Assets from Inventory K. PARKS, RECREATION & FACILITIES 1. Savannas Recreation Area Lease Agreement - Mobile Home Space 2. Waiver for Civil War Re -Enactment - 2017 3. Waiver for 35th Annual Chili Cook Off 4. Waiver for 2017 Back to School Expo 5. Award of Bid No. 17-033, St. Lucie County Sheriff's Administration Parking Lot Light Replacement L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Juanita Avenue Sidewalk (41st Street to Sheraton Plaza) - Accept Project and Approve Final Payment 2. South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner Project - Accept Project and Approve Final Payment 3. Savannah Club RaceTrac O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM R. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning Grant Funding for FY 16/17 S. UTILITIES There are no items scheduled. T. ST. LUCIE COUNTY WATER & SEWER DISTRICT 1. Design of a Water Main Loop - US1 Corridor 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Amending Airport Overlay Zone The Assistant County Attorney discussed the Airport Overlay Zone Ordinance. She indicated that this is the second of two public hearings on a proposed ordinance which would amend the land development code with regard to the airport overlay zones. She reviewed that the 2016 Florida Legislature amended section 333.03 of the Florida Statutes to require local governments which have airport hazard zones within their jurisdiction to adopt regulations with regard to airport protection zoning. The county had previously adopted overlay zones, but under the 2016 amendments it will be necessary to make changes to the county's existing land development code. The amendments must be adopted by July 1. If the adoption does not occur by then, the State has the option of coming in and regulating permits issued within those protected zones. The Assistant County Attorney highlighted that the primary amendment establishes a list of prohibited uses in the airport overlay zones (those things which would create hazards directly for the airports such as landfills and residential uses). Those non - compatible uses would be prohibited in the areas identified in noise exposure maps and noise compatibility maps, unless properly mitigated. She clarified that those maps are existing and have been in place for some time and are not changing under the ordinance. She explained that the other primary change relates to new permit review requirements for FAA and DOT for developments or projects which would alter obstructions within the airport overlay zones. Those permits would have to be reviewed by those additional agencies. She noted that the County's proposed ordinance sticks to the letter of the statute; the County is not doing anything stricter than what is required by the State. Assistant County Attorney again stated that this was the second of two public hearings and notice was published in the News Tribune on June 9th. She indicated that staff recommends adoption of the ordinance as drafted. 7 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM There were no comments from the public on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Proposed Ordinance Regulating Commercial Composting Facilities The Assistant County Attorney gave a brief history of the proposed commercial composting ordinance. She stated that the Board instructed staff to study the issue of the commercial composting facilities and to develop regulations. The Board adopted ordinance 16-006 which postponed accepting any applications for commercial composting, but the postponement expired on June 2, 2017. The County retained consulting firm CDM Smith to assist the County with evaluation of the issues and the development of regulations. The draft ordinance was presented to the Planning and Zoning Commission on May 18, 2017 and a public workshop was held on May 24, 2017. The draft ordinance as revised is based on the concept that the commercial composting facilities would only be authorized as a conditional use in Ag-5 zoning. If applicants want to obtain approval for such a facility, they would have to comply with certain supplemental standards. The Assistant County Attorney indicated that the County's consultant would walk the Board through the ordinance. She stated that this meeting was the first of two public hearings, and it was advertised on June 9, 2017. The second hearing will be on July 5th at 6:00 PM. Jill Grimaldi with CDM Smith presented an overview of the proposed ordinance regulating commercial composting facilities (CCFs) that utilize biosolids. She reiterated that there are not currently any permits for commercial composting under review by the County. She included the following points in her overview: • CCFs that use Biosolids to produce compost would be authorized in St. Lucie County under certain circumstances, but these facilities would only be approved as a conditional use and they would only be approved in the Agriculture-5 (AG-5) zoning districts. • If an applicant wishes to obtain approval of a proposed CCF located in an AG-5 district, the applicant must demonstrate that the proposed CCF will comply with certain "supplemental standards" that are designed to minimize the CCF's adverse impacts. • If an applicant for a proposed CCF is unable to comply with the County's supplemental standards, the applicant may apply for a waiver. A waiver would be granted only if the applicant demonstrates that the applicant will be able to protect the public welfare and the environment, even though the applicant will not comply with one of the specific requirements in the County's supplemental standards. Any application for a waiver will go to the Board of County Commissioners for the Board's review. • A new Section 3.01.03.C.7.p would be added to the County's Land Development Code. This new section would expressly identify CCFs as a conditional use in the AG-5 district. 8 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM • A new Section 7.10.34 would be added to the Land Development Code. This new section would contain the supplemental standards for CCFs. • New definitions would be added to the Land Development Code. • The ordinance would not apply to "backyard composting"" or "normal farming operations." Ms. Grimaldi indicated there are a number of state regulations that regulate the land application of biosolids and biosolids management facilities. She highlighted chapter 373 of the Florida Statues which was designed to regulate and protect environmentally critical estuaries including the St. Lucie watershed from excessive nutrient loading. Basin Management Action Plans were developed to regulate activities that might increase nutrient loads within the watershed, and through the statute DEP is required to ensure that any biosolids management practices within the watershed do not increase nutrient loading. Ms. Grimaldi then presented a graphic showing that most of St. Lucie County is under several Basin Management Action Plans, and explained that this means that for St. Lucie County, class B biosolids cannot be land applied anywhere in this watershed. She then showed a general overview of the wastewater treatment process and noted the difference between the liquid vs solid portions. She noted that the proposed ordinance only deals with the solids fraction. Ms. Grimaldi gave a review of the County's actions to date: • A draft ordinance was presented to the Planning and Zoning Commission on May 18, 2017 who voted to move it forward to public hearings, and also included motions to increase setbacks, reword performance bond requirements, and have the BOCC review waivers instead of the Board of Adjustments. • A public Workshop was held on May 24, 2017. Several modifications were made to the proposed ordinance as a result of the feedback. Ms. Grimaldi clarified that the draft ordinance applies only to Commercial Composting Facilities (CCFs) that produce compost from biosolids (such as manure, food waste, garbage, or similar organic materials). The ordinance does not apply to composting conducted as part of normal farming operations; backyard composting; facilities that use yard trash and untreated wood to produce compost; and commercial composting facilities that were approved before the ordinance took effect. She stated that current county codes allow for CCFs only in AG-5 districts and only as a conditional use. To obtain a permit, The CCFs must comply with all of the County's supplemental standard or obtain a waiver of the applicable standard. She further explained that because of Florida Statue section 373 that regulates water quality (a CCF must not cause a net increase in the Nutrient loadings or pathogens in any surface water that drains into the St. Lucie River watershed or Lake Okeechobee watershed), several of the supplemental standards in the ordinance were put in place to address this issue of water quality: 9 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM • All composting activities must be conducted inside a fully enclosed building that meets certain criteria (e.g., a roof, 4 walls, an impervious floor, etc.) • All liquids (e.g., rainwater) that come into contact with the raw materials or compost are deemed to be leachate, and must be collected and treated at a FDEP-approved wastewater treatment facility. • The stormwater management system for the CCF must retain the run-off from a 100- year, 72 hour storm, without discharging • Each CCF must be built above the elevation of the 100-year flood plain. In addition, other supplemental standards were added to mitigate objectionable odors: • A CCF must not cause objectionable odors in off -site areas, which presumably would be met by the enclosed building requirement. In addition, the enclosed building must be designed and operated to collect and treat any objectionable odors that are generated • A 300-foot on -site setback must be provided between the CCF and the CCF's property line • A setback of 1,320 feet (1/4 mile) must be provided between the nearest off -site building and any on -site area where biosolids are delivered or used • A setback of 1,320 feet (1/4 mile) must be provided between the applicant's site and the urban service area. Other supplemental standards include: • An applicant must prepare an operating plan that demonstrates the CCF will not cause adverse impacts on the County's residents, businesses, or environment • The operating plan must include a contingency plan for dealing with fires, hurricanes, and other emergencies • An applicant must provide a performance bond in an amount sufficient to pay for the removal of the biosolids and other materials on the site if the applicant fails to perform appropriately. • The applicant must prevent biosolids and other materials from being tracked from the site onto local roads • The County may impose additional requirements, if needed. • The County may enter the site for inspections and sampling • The County may revoke its conditional approval for the CCF. Ms. Grimaldi stated that the proposed ordinance also allows for waivers of any of the standards. An application for a waiver will be subject to review by the board of County Commissioners. In applying for a waiver, the applicant must demonstrate that their proposed alternative meets the intent of the original standard. Also, "financial hardship" cannot be the sole reason for granting a waiver. Chairman Dzadovsky asked if that meant, for example, if an improved technology came along, the applicant wouldn't be held to the old standard and forced to forgo the new methodology that would be better. Ms. Grimaldi indicated that was correct. 101Page Regular Meeting Tuesday, June 20, 2017 6:00 PM Chairman Dzadovsky thanked Ms. Grimaldi for her overview and asked the Board if they had any questions for her. The Board did not have any questions, so the Chairman opened the floor to public comment. Mr. Charles Grande, resident of Hutchinson Island, expressed his concern that, as he understands it, Sunbreak Farms would be exempt from the Commercial Composting Ordinance because they don't meet the definition of Commercial Composting as defined in the proposed ordinance. Chairman Dzadovsky interjected that the County does not know that for sure because the FDEP had requested an administrative hearing on the Sunbreak Farms issue and discussions are currently ongoing. Mr. Grande clarified that he wasn't referring to Sunbreak Farms specifically, but to the general issue that any operation that claims it doesn't sell its output would not be covered by the ordinance. He implied that companies might use a non-commercial stance as way to get around the ordinance and suggested that the County revisit that aspect of the ordinance before it is finalized. Commissioner Townsend commented that she wanted clarification in regards to the issue Mr. Grande raised, and noted that the ordinance states that it does not apply to "normal farming operations." The County Attorney responded that he believed that the ordinance, as drafted, would apply to Sunbreak Farms because the definition of "normal farming operations" does not include a biosolids facility. Commissioner Townsend asked the County Attorney to clarify whether it was correct that this ordinance would make it so that the farm in question would not be able to do business in St. Lucie County. She said that she understood that under the ordinance, an operation like Sunbreak Farms would not be able to do business, whereas Mr. Grande interpreted the ordinance to mean that it would be allowed to operate. The County Attorney responded that it would be better to interpret the ordinance in a general sense, because there are potentially other applicants that could try to do the same thing. He believed that the exemption for "normal farming operations" would not cover a biosolids facility. Chairman Dzadovsky restated that there are still a lot of questions that they cannot answer at this point because more information is forthcoming. He asked the other commissioners to hold their questions until after the public comment section, and they could ask staff at that time. Virginia Sherlock, representing the PGA Village Association, spoke in support of the revised ordinance. She commented that the County had done a great job in listening to the public and responding with appropriate changes. She thanked CDM Smith and County staff for their work on the ordinance. She encouraged the Commission to unanimously approve the ordinance as it has been revised because the Village's major concerns were addressed. She indicated that she submitted a packet for the record. Chairman Dzadovsky asked Ms. Sherlock if any of the people from PGA Village that were present would like to stand in support of her statement. Approximately 35 residents stood up in support. 111 Page Regular Meeting Tuesday, June 20, 2017 6:00 PM Representative Larry Lee Jr., resident of 7936 Saddlebrook Drive in PGA Village, spoke in support of the proposed ordinance and asked the Board to unanimously approve it. He commended everyone who helped to draft the proposed ordinance and felt that it did a good job of protecting the well-being of residents and waterways. He also spoke in support of the home rule resolution. Carol Anderson, co-chair of the PGA Compost Committee, spoke in support of the proposed ordinance. She thanked the planning staff, County staff, the Commissioners, County attorneys, and everyone involved for their work in drafting the ordinance. The proposed ordinance adequately addressed her concerns about setbacks and she encouraged the Board of Commissioners to vote in favor of the ordinance. Jack Palisack, resident of Vitalia in Tradition, raised the question of why St. Lucie County cannot simply ban these types of facilities. Given the nature of the organic matter (e.g., "human feces") present in these types of facilities, he questioned why the County is even considering permitting these facilities. David Hill, of CycleLogic Environmental Consulting, provided a letter from the US Composting Council for the record. He read two excerpts from the letter: one noting the history and mission of the Composting Council, and the other acknowledging the shared goal with St. Lucie County of responsible environmental stewardship of organic resources and urging the County to extend the workshop and discussion time period to provide an opportunity for the Organics recycling Committee, FDEP, and others to engage in constructive dialogue that help the County meet its goals while keeping the requirements reasonable. Chairman Dzadovsky related to Mr. Hill that the discussion period for this item has been going on for over 11 months, and there has been sufficient time for public input. Chris Snow, of Recycle Florida Today and board member of its Organics Recycling Committee, submitted a letter from their board for the record. Mr. Snow stated that Recycle Florida Today is the state's professional recycling organization that works with the state in trying to meet its goal of 75% recycling in the state. He said that his organization just recently became aware of the County's proposed ordinance and expressed his interest in having some role in creating the ordinance. He noted their shared role of environmental protection, and stated his belief that through a partnership they could improve the ordinance and not make it so onerous as to effectively ban it, which it currently does. He said that his organization welcomes the opportunity to work with the County and noted that the draft ordinance addresses many issues but does not incorporate best management practices. He also noted that having a requirement to enclose everything at all stages of the process makes it cost prohibitive for a facility of that type. He stated that his organization wants to advance composting in Florida and that it is being done successfully elsewhere in the state, and for that reason they felt it was important to speak about an ordinance that has onerous requirements. His organization believes that an ordinance that precludes facilities that are successful in other parts of Florida and the country is not in the best interests of 12 1 P a g Regular Meeting Tuesday, June 20, 2017 6:00 PM environmental protection because of the importance of composting and recycling in Florida. Thomas Scott, a Port St. Lucie resident, commended everyone for the work that they have done on the ordinance so far, but expressed his concern about pollutants and the spread of pathogens from these types of facilities. Specifically he cited pollutants and pathogens in retention ponds at these facilities and questioned whether the retention ponds would be lined or unlined, what was the impact for mosquitoes from these retention ponds, what was the potential for pathogen spread whenever the facility doors were opened, and whether extended operating hours would increase the potential spread of pathogens. He encouraged the Board to look into these issues, because once the ordinance is approved it is difficult to make changes. Juliette Nelson, a resident of Vitalia in Tradition, commented that she was glad to hear that so many of the residents' concerns were incorporated into the proposed ordinance. However, she expressed her concern about how others might perceive her community if there are compost facilities nearby, and fears that it might negatively impact community growth and home values. She also expressed concerned about smell, and compliance and oversight of the facilities. She questioned that if we have a choice whether to bring these facilities in, why should we. She would rather not have these types of facilities here, and asked the Board to take that into consideration. Raymond Silaney, a resident of Vitalia in Tradition, expressed his concern that having a compost facility nearby would have a negative effect on people considering moving to the community. He moved to Tradition because it was a beautiful, growing, and thriving community, and he felt that people considering moving here might perceive what the county is doing as a negative influence on the community's existing lifestyle and felt it could possibly ruin the community and its growth. Richard Silvestri, residing at 5708 Buchanan Drive, commented on the area's current and potential water -related recreation activities. He expressed his concern about pesticides and fertilizers from agriculture over the years and its effect on water quality, and commented that he no longer goes in the water because of these concerns. He asked the Board to consider whether the ordinance would cause us to lose tourism or the environment. He expressed his concern that although other people from trade associations who had spoken said there was no danger, he is still concerned. Juliette Nelson, a resident of Vitalia in Tradition, made an additional comment. She asked the Board to look into whether the facility would be staffed on the weekend. She expressed concern that in the event that something goes wrong on the weekend, it wouldn't be discovered until the facility re -opened on Monday. Seeing no one else wanting to address the Board, Chairman Dzadovsky closed the public comment portion of the public hearing. 13 1 P a g Regular Meeting Tuesday, June 20, 2017 6:00 PM Chairman Dzadovsky asked the Board if they had any questions, and summarized a few of the concerns brought up during the public comments section. He asked Jill Grimaldi of CDM Smith to address those issues. Jill Grimaldi of CDM Smith stated that the storm water retention ponds were never intended to be lined because any potentially -contaminated water would be contained and dealt with in the enclosed building. She said that facility operating and staffing hours would be dealt with on a case by case basis in the facility's operating plan. In addition, any facility would have to get a permit from the building department which would address emergency situations, so some of those concerns would be better addressed through the building permit process. Chairman Dzadovsky asked the Board if they had any further questions. Commissioner Townsend asked how many residents were at the public workshops. Ms. Grimaldi responded that there were approximately 15 to 20 farming community representatives and 60 to 75 other residents. Commissioner Bartz asked Ms. Grimaldi to clarify for everyone the perception that an organization could come in and just do what they want. Ms. Grimaldi responded that currently, there is only one application for a permit in St. Lucie County, and that is the one for Sunbreak Farms through the DEP. There are no other applications under review because for the past year there has been a moratorium on applications. That moratorium recently expired on June 3, and no applications have been received since then. Commissioner Bartz, responding to the many comments she heard at the meeting, asked why St. Lucie County cannot just ban these types of facilities. Ms. Grimaldi explained that under the current Ag-5 regulations, a landowner can put these types of facilities on their property as an allowable conditional use. So to ban it limits the property owners' rights to use their property under the current code. The goal of the ordinance is to make it defensible in court if a property owner who wants to put one of these facilities on their land sues. In addition, there are other industries (e.g., landfills, wastewater treatment, etc.) that have the same potential for contamination concerns and odor generation that are currently permitted by the county, so an outright ban would be difficult to defend. Commissioner Mowery added that landowners have the basic right to use their property and the County is not able to deny uses of land just because we don't like what they're doing. However, the County does have the ability to regulate how those uses are done and to make sure that the regulations are done in a legally -defensible manner. Commissioner Bartz commented that Ms. Grimaldi's and Commissioner Mowery's explanations were good and would help everyone to understand why St. Lucie County cannot just ban these facilities. Commissioner Dzadovsky asked the Board if they had any further questions. 141 Regular Meeting Tuesday, June 20, 2017 6:00 PM Commissioner Mowery indicated that he wanted to clarify some things so that the items related to the composting ordinance do not get connected to Sunbreak Farms' biosolids application through the State. He expressed concern that an unintended result is that the County is regulating "ag uses" through this ordinance and wanted the legal consultant to weigh in on this situation because he felt that the County didn't have the ability to do what they are proposing to do, and wondered whether the Right to Farm Act and other cases would preclude the County from this type of regulation. Mr. David Dee, outside legal counsel who has been helping in the drafting of the ordinance, reminded the Board that the County has the ability to decide what goes into the ordinance with regard to the applicability of the ordinance. Since it is still a draft the Board has the ability to decide where it applies and where it doesn't. Mr. Dee expressed his belief that the ordinance would clearly apply to commercial composting facilities like the one proposed by Compost USA two years ago, because it was not a farming operation and was not covered under the Right to Farm Act. As to the issue of Sunbreak Farms that was brought up, he indicated that he and the County Attorney would like to keep that discussion separate because there are many unresolved issues. In regard to regulation, Mr. Dee felt that the real question was what does the Right to Farm Act protect and what does it exempt from regulation. He noted that the Right to Farm Act would not eliminate the County's ability to regulate commercial composting facilities. However, the question is whether he County can regulate a farmer who wants to receive biosolids, process them, and land -apply them onto his own property. Mr. Dee concluded that, after much research, the County does have the ability to regulate the land -application and composting of biosolids on agricultural land for three reasons: 1) the Agricultural Lands and Practices Act (2003) explicitly allows local governments to regulate the transportation and land application of biosolids. 2) The Department of Environmental Protection (DEP) has rules for composting and specifically for composting with biosolids. The DEP's composting regulation has an exception for "normal farming operations," defined as materials generated on the farm are used on the farm, and it is okay to bring materials on the farm such as animal manure, vegetative waste, and yard trash. It does not provide an exemption for biosolids, which implies that the DEP does not view biosolids as part of normal farming operations. 3) The DEP regulates biosolids through the use of permits. The fact that they require permits for biosolids and don't include biosolids in their definition of "normal farming operations" suggests that in interpreting and applying the Right to Farm Act, the DEP believes that biosolids are different. Mr. Dee brought up, however, that there is a decision issued by the supreme court of Pennsylvania that said that the use and land application of biosolids under their state law was considered a normal farm practice. In spite of that decision, Mr. Dee stated that he still believes that the County does have the ability to regulate biosolids, although there are others who would argue that what Sunbreak Farms is doing is part of "normal farming operations" and that the County can't regulate them. Commissioner Mowery commented that he thought the Pennsylvania Supreme Court decision was interesting because it considered the composting of biosolids a normal 15 1 P a g Regular Meeting Tuesday, June 20, 2017 6:00 PM farming operation. Because it seems to be the most recent case specific to the question of what are "normal farming operations," Commissioner Mowery expressed his concerned about where the County stands on this regulation as well as other applications. He cited the fact that nurseries in the area have routinely picked up biosolids and used them as a part of their nursery operations, and that the County's own landfill has an area for composting and has provided for this type of "sludge material" on its own site where it is open and exposed to the environment. He further expressed his concern that the County should create an ordinance that is "spot on," and not create one that the County is not willing to abide by. He mentioned that PGA Village is much closer the County landfill than it would ever be to any agriculture operation that might consider a biosolids application. Mr. Dee responded that he shared Commissioner Mowery's concerns and that is why in the draft ordinance there is an exemption for normal farm operations and it is to be determined what that would cover or not cover. He reminded the Board that it is their policy decision as to how they want to treat Sunbreak Farms and other operations. He stated that at this point, he believes the County has the ability to regulate the land application of biosolids, but it is up to the Board to decide how far it wants to exercise that authority. Chairman Dzadovsky commented that the discussion was getting off -topic and asked to refocus the discussion on the actual ordinance itself. Commissioner Mowery contended that the discussion was relevant because of certain language included in the ordinance and felt it was an important aspect to look at in determining how the Board would decide in this area. Chairman Dzadovsky thanked Commissioner Mowery for his comments but expressed his disagreement that the discussion was relevant and reminded him that the Board is not having a hearing regarding that application, which is still going through an administrative hearing process and discussions with the applicant and FDEP. He stated that at the current meeting they were working on an ordinance, that this is only the first of two hearings, and there would be additional opportunity for discussion at the July 5, 2017 meeting. Commissioner Mowery interjected that he had additional comments. He asserted that they needed to continue the discussion because what Chairman Dzadovsky was referencing puts the County in legal jeopardy as it relates to this particular application and therefore stated the need to be cautious so that the County does not take action on something that could further complicate the matter. He further expressed his desire to be clear on how the county's current landfill composting operation and land -application of sludge material would comply with the proposed ordinance, because the County should not be exempt from having to comply with their own land development regulations. 161Page Regular Meeting Tuesday, June 20, 2017 6:00 PM Ms. Grimaldi, of CDM Smith, answered that the composting of yard waste alone is not regulated under the current ordinance. It would only apply if biosolids were mixed with yard waste. Facilities that propose to compost any organic matter absent of any biosolids would be exempt from the ordinance. She also believed that the County no longer permitted ground application of biosolids. Eric Grotke of CDM Smith, concurred that the County's landfill is not permitted to landfill biosolids, although in the past they were. Also, the County's mulching operation at the landfill is not a composting -type operation and therefore he believed that nothing in the County's current landfill operation would complicate or jeopardize the proposed ordinance. Commissioner Mowery asked for confirmation that the county's landfill no longer receives any wastewater treatment sludge, and Mr. Grotke responded that he thought that was true. Chairman Dzadovsky asked whether anyone had any further questions for the consultants or legal staff. Hearing none, he recommended that the issue be moved forward to the second public hearing on July 5 at 6:00 PM (or soon thereafter). RESULT: 1ST READING APPROVED 10. REGULAR AGENDA A. ADMINISTRATION 1. Resolution Of The St. Lucie County Board Of County Commissioners To Authorize Staff To Work Through The Treasure Coast Council Of Local Governments To Support And Promote Home Rule Authority. This item was moved after Item 5.A.1. The County Administrator indicated this item was a result of the conversations that happened in the state capital during the last legislative session. He stated the government closest to the people is the most responsive and explained during the last session there was strong assault on local government and home rule authority. He stated this item is in support of home rule authority in the state of Florida. At this time, the clerk read the resolution into the record. Chairman Dzadovsky recognized Representative Larry Lee Jr. who was in attendance at the meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. COUNTY ATTORNEY 1. Solid Waste Preliminary Assessment Resolution 171Page Regular Meeting Tuesday, June 20, 2017 6:00 PM The Assistant County Attorney introduced the Solid Waste Preliminary Assessment Resolution. She cited the Board's authority to impose annual assessments for solid waste collection and disposal. The County originally assessed solid waste collection charges on property tax bills in lieu of direct billing to the property owners. She explained that the Solid Waste Preliminary Assessment Resolution initiates the process required to impose solid waste assessments for the fiscal year beginning October 1, 2017 at a rate of $256.56 per dwelling unit, which represents an increase of $4.50 over the prior year, and approves a maximum rate of $280 per dwelling unit for subsequent fiscal years. The resolution directs the County Administrator to prepare a preliminary assessment rule for said fiscal year to be collected on the 2017 property tax bill and establishes a public hearing on the assessment to be held on September 25, 2017 at 6:00 PM or soon thereafter. She indicated that Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorizes the Chairman to sign the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. County offices will be closed on Tuesday, July 4, 2017 to observe the Fourth of July holiday. B. The Board of County Commissioners will hold a Regular Meeting on Wednesday, July 5th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Informal Meeting on Tuesday, July 11th at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular Meeting on Tuesday, July 18th at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. OR