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HomeMy WebLinkAboutMinutes 05.03.2016S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting May 3, 2016 Convened: 6:00 PM Adjourned: 10:14 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name Kim Johnson District No. 5, Chairman District No. 1, Vice -Chairman Arrived Present 6:00 PM Chris Dzadovsky Present 6:00 PM Tod Mowery District No. 2 Present 6:00 PM Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Asheley Hepburn Director, Office of Management & Budget Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM John Wiatrak Airport Manager Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Ken J. Mascara Sheriff Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 5161201612:28 PM Regular Meeting Tuesday, May 3, 2016 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, April 19, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 5. PROCLAMATIONS APPROVAL A. Resolution - Adoption of a resolution proclaiming the week of May15-21, 2016 as "Law Enforcement Week" and designating May 15, 2016 as "Law Enforcement Memorial Day" in St. Lucie County, Florida. The resolution was presented to Chief Deputy Garry Wilson, Major David Thompson, Major Jerry Rothman and Sheriff Ken J. Mascara. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Resolution - Adoption of a resolution proclaiming the week of May 1-7, 2016 as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida. The resolution was presented to Chief Deputy Garry Wilson, Major Pat Tighe and several St. Lucie County corrections officers. Sheriff Ken J. Mascara thanked the Board for their recognition on behalf of the 700 members of the St. Lucie County Sheriff's Office. He spoke about the challenges that law enforcement officers face daily, including the 113% increase in law enforcement deaths from the previous year. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. Resolution - Adoption of a resolution proclaiming the week of May 21-27, 2016 as "National Safe Boating Week" and May 20, 2016 as "Wear your Life Jacket to Work Day" in St. Lucie County, Florida. The resolution was presented to Sean Hart, Flotilla Commander 58 and John Thompson, Vice Flotilla Commander 58 from the United States Coast Guard. Mr. Hart thanked the board for the proclamation. He spoke about the prevalence of boating accidents in the area. He also mentioned free boating classes being offered by the Perry J Cohen Foundation over the next 4 months. Mr. Hart emphasized the need for life jackets to avoid drowning related to boating accidents. 2 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson D. Resolution - Adoption of a resolution proclaiming May 1-7, 2016 as "Travel and Tourism Week" in St. Lucie County, Florida. Charlotte Lombard Bireley, the St. Lucie County Tourism Manager accepted the resolution on behalf of the Tourist Development Council. She spoke about the record -breaking tourism figures over the past 3 years. She thanked industry partners, such as the local hoteliers and attractions, and the Board for their work to preserve county assets, including beaches, parks and preserves. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson E. Resolution - Adoption of a resolution proclaiming the week of May 15-21, 2016 as "Emergency Medical Services Week" in St. Lucie County, Florida. Buddy Emerson, the St. Lucie County Fire Chief accepted the resolution. He thanked the Board on behalf of the 440 total personnel members and 387 firefighters in St. Lucie County. He indicated that the department responded to 48,022 emergencies in 2015. Over the last 20 years, the amount of calls for service has increased 4.8% each year. The current year to date figure was 17,000 calls, with over 50,000 calls projected before the end of the year. He emphasized the quality of care and service rendered in the county, with the motto "our family serving yours". RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson F. Resolution - Adoption of a resolution proclaiming the May 9, 2016 as "Child Welfare Professionals Recognition Day" in St. Lucie County, Florida. Chairman Johnson accepted the resolution on behalf of United States Congress Representative Frederica Wilson. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) 3 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM Bill Thiess, 2512 Lightlewood Lane, Town of St. Lucie Village - Mr. Thiess identified himself as the mayor of the Town of St. Lucie Village. He thanked the Board for their cooperation on the All Aboard Florida project. He raised concern over the potential hazards related to the FPL nuclear plant on South Hutchinson Island. He indicated that his concerns were summarized in a letter sent to the Board and the Nuclear Regulatory Commission. His main concerns are the potential for an accident or breach involving hazardous materials being hauled through the proposed route, increased volume in materials being transported and increased traffic impact on evacuation routes. His letter asked for an analysis of potential threats and the steps taken to assure safety of residents. Commissioner Dzadovsky asked Mr. Thiess to speak with Chief Emerson, to present his information to the Fire District Board. He said that safety is a major concern regarding this project. Pat Pacitti, Hutchinson Island - She identified herself as a member of the Presidents' Council of Hutchinson Island. Ms. Pacitti spoke about the shipment of liquefied natural gas by rail or over road. She said the condensed substance is volatile and powerful. She indicated that the FEC has applied for authorization from FRA to ship liquefied natural gas on their rails down the east coast of Florida. Ms. Pacitti asked the Board to oppose this application and to schedule a public workshop to review the matter. Susan Mehiel, St Lucie County Resident - Ms. Mehiel identified herself as a member of the No Trains Coalition. She spoke about the letter sent by St. Lucie Village. She mentioned a Treasure Coast Regional Planning Council meeting from October 2014, where local officials discussed the All Aboard Florida draft environmental impact statement. She said at this meeting, Michael Busha, the council's director, indicated that there was no concern. Ms. Mehiel's research goes against this statement and that the issue is more complicated. She expressed concern that the DEIS did not consider all traffic impacts and allows the erroneous conclusion that there is a lack of potential problems. She reviewed the evacuation plans from FPL and concluded that the trains may not have been considered in these plans. Ms. Mehiel said that regulations need to be examined because of the addition of passengers and the volume of trains per day. She listed recent events involving trains blocking roadways and derailments. She asked the Board to contact federal and state agencies about these train safety issues. Howard Fine, Fort Pierce FL - Mr. Fine asked the Board to determine what percentage of land should be set aside for commercial and industrial land use to support the economy. He indicated that St. Lucie County ranked 60th out of the counties in Florida for pay of first responders and county employees. He spoke about recent tax increases and asked the county to look at other sources for taxable revenue. Mr. Fine also asked the Board about sole source contracts within the county and the increase of costs by these vendors. 7. PRESENTATIONS A. 2016 Post Legislative Wrap-up - Representative Larry Lee Jr. District 84 Representative Larry Lee Jr presented the 2016 post legislative wrap-up. He updated the Board on the bills that passed. House Bill 153 - The Healthy Food Financing Initiative. Representative Lee was able to move this item through the House and Senate with help from Representative Santiago. He said this bill na Regular Meeting Tuesday, May 3, 2016 6:00 PM looks to address "food deserts" throughout Florida, where fresh food is not readily available and may lead to health complications. House Bill 361 - Vote -By -Mail Voting. Representative Lee explained that this bill will change the terminology from "absentee ballot" to "vote -by -mail ballot" to reduce confusion to voters. House Bill 701 - Art in the Capital Competition. Representative Lee proposed an initiative to display art from middle school students in the capital. House Bill 785 - St. Lucie County Fire District. Representative Lee commended Chief Emerson for his knowledge and assistance in getting this bill heard. This included a phone conversation with the governor to prevent getting vetoed. He explained it was a difficult process of answering concerns at all levels. Representative Lee indicated that the growth of St. Lucie County has greatly increased the demand on the fire district. Representative Lee moved on to the budget portion of his presentation. He explained that the state passed an $82.4 billion budget this year and concluded that St. Lucie was successful compared to other counties. He mentioned major projects that were included, such as the airport, beach erosion projects, Indian River State College, the Veterans Memorial Park, the Navy SEAL Museum, IRSC public radio station, and bridge projects. Representative Lee gave special recognition to Nicole Fogarty, the county Legislative Affairs Manager for her work to secure funding for the Veterans Park and the HANDS Clinic. Commissioner Dzadovsky thanked Representative Lee for his knowledge and abilities. Representative Lee acknowledged that it takes a team to get bills passed. Commissioner Hutchinson thanked Representative Lee for everything he has done for the county and its residents. Chairman Johnson added that Representative Lee's bipartisan commitment to creating solutions has led to greater results for the county. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Non -Agenda Item - Commissioner Dzadovsky Appointment 1. Contractor Licensing Board Commissioner Dzadovsky asked the Board to approve his appointment of Tony Jerger to the Contractor Licensing Board. It was moved by Commissioner Mowery, seconded by Commissioner Lewis to approve the appointment. The motion carried unanimously. A. WARRANTS 1. Warrant Lists 28 & 29 5 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Certificate of Public Convenience and Necessity (CON) Renewals 2. Permission to Advertise - Two (2) St. Lucie County Certificate of Public Convenience and Necessity Applications - American Jet Rescue LLC and An Answer to Care Inc. 3. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 4. Cypress Creek Preserve - Environmental Lands - Parcel ID 3119-133-0001-000-0 - Florida Southeast Connection Before the Consent Agenda vote, the Assistant Deputy County Administrator indicated that this item was to be pulled for continuation at the May 17, 2016 Board of County Commissioners Meeting. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 6 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM 1. Sheraton Plaza Park Improvements 2. Lincoln Park Council of Ministers, Inc. - Semer Funeral L. PLANNING & DEVELOPMENT SERVICES 1. Airport Hanger and Office Ground Sublease Transfer - From James M. Jones to Scott Shogren by Fort Pierce FBO, LLC. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Aerex Industries - Fee -in -Lieu Agreement 2. New Port Entrance 2nd Street - Supplement No. 3 to Joint Participation Agreement with FDOT 3. Budget Resolution for Supplemental No. 3 to Joint Participation Agreement with FDOT - New Port Entrance - 2nd Street 4. Award Bid No. 16-014 - Orange Avenue at North St. Lucie River Water Control District Canal 411 Culvert Replacement Project 5. Ideal Holding Road at North St. Lucie River Water Control District Canal 76 Culvert Repair - Change Order No. 1 O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS 1. Federal Election Activities Grant Matching Funds lide\i►J;�1�1. >fetIWnawelN0lacrel:T0-Alal N-Yl1W0 There are no items scheduled. S. UTILITIES There are no items scheduled. 7 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Stop Gap Ordinance - Commercial Composting Facilities The County Attorney presented this item. He indicated that this was the first of two public hearings, the next will be Tuesday June 7th at 6PM. At the Board's January 12, 2016 informal meeting the Board discussed the issue of regulating the location and use of commercial composting facilities. The Board requested that staff study the issue and develop regulations as appropriate to be presented to the Board. The County Attorney provided a draft ordinance which would postpone the issuance of permits for commercial composting facilities for the earlier of; 1) a period of 330 days from the adoption of the ordinance or 2) the effective date of the adoption of regulations resulting from the study. Staff clarified that the ordinance is not intended to affect backyard composting by residential homeowners on their own property. On February 9, 2016 the Board granted permission to advertise the draft ordinance. On March 17, 2016 the Planning and Zoning Commission/Local Planning Agency held a public hearing on the ordinance and voted 6-0 to recommend that the Board approve the proposed ordinance. The County Attorney explained that the Planning and Zoning Commission members were concerned about the definition of "compost" and potential impacts on agricultural operations which purchase organic materials from landscapers and lawn service contractors to compost for their own use on groves and fields. In response to this concern, county staff added a new subsection 2.C.3, which clarifies that the ordinance does not apply to normal farming operations. The new subsection 2.C.3 defines "normal farming operations" to mean the composting of certain wastes that are generated on a farm or brought onto a farm for use on the farm. Staff recommended that after receiving public comment, the Board authorize staff to advertise the second public hearing. Commissioner Mowery asked Chairman Johnson to help clarify that this item is a stop- gap ordinance. The County Attorney indicated the item would be a moratorium on any composting facilities until the county has the opportunity to develop regulations, study the issue and address the Board with supporting data. He clarified that this action is a pause to stop development while regulations are developed. He said it would give the county up to 11 months to conduct their studies, but staff could be done sooner and have already started their research. Chairman Johnson said that there 330 days to study, and an extension is available for 30 more days. Commissioner Mowery emphasized that there is no request, the previous Compost USA request was withdrawn. He said that there are no other companies looking to install anything in the county. However, as a result of the experience with Compost USA, the county is taking action to strengthen their ordinances and prepare for any potential action in the future. 8 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM Chairman Johnson asked the County Attorney if there were any applicants at this time. Staff confirmed that there are no current applicants and this ordinance would stop any applicants during the proposed period. Commissioner Dzadovsky confirmed with the County Attorney that no action will be taken at this first public hearing, it will be moved to the second public hearing. He also detailed the planned studies to be conducted by the county. Chairman Johnson opened the hearing to the public for comment. Richard Persick, PGA Village - Mr. Persick addressed the Board on behalf of the residents of PGA Village. He explained the residents were in favor of the moratorium until a code regulation is produced by the county. His community has partnered with Keller -Williams Realty, Lang Realty, St. Lucie Board of Education, St. Lucie farmers, the Board of Save the Chimps Foundation, St. Lucie Fire Rescue, the Martin County Board of County Commissioners, and St. Lucie River Riverkeepers. Mr. Persick explained that this is an opportunity to protect the community and environment and also inform potential developers of the requirements before they purchase the land. Alan Norsworthy, St. Lucie County Resident - Mr. Norsworthy identified himself as a retired pharmacist with almost 50 years of experience. He addressed the Board on the topic of pharmaceuticals and personal care products in biosolids. He said that biosolids are not tested for these products. Mr. Norsworthy presented the Board with articles on the topic and highlighted the specific case of Metformin, which is a prevalent drug used to treat diabetes. He also presented articles on hydrocodone and household chemicals and drugs found in biosolids. He summarized his concern that these chemicals being present in biosolids, which are mixed at a compost facility, may be able to reach the water supply or canals through a disaster or accident. Julie Norsworthy, PGA Cypress Point - She thanked the Board and county staff for their work on this project and for listening to the information presented by citizens. She explained her visit to the abandoned site in Ocala and how the situation was a result of inconsistent regulations and permits. The Compost USA site was closed in 2010 and the site remains a mess because there was no closure fund. Mrs. Norsworthy, after conversations with the Ocala site owner, asked the Board to make a closure fund mandatory and ensure that county, state and federal regulations are in agreement. She also asked that future applicants have no current or previous violations and be held to New Source Performance Standards per the Environmental Protection Agency. Mrs. Norsworthy recommended staff reach out to the Solid Waste Authority Facility in Palm Beach County for their perspective on operations. She also mentioned a company in Milwaukee that may be able to provide information on regulations. She presented documents to the Board, containing contact information for the sites and people she spoke with. Larry Lee Jr., 7936 Saddlebrook Dr. PGA Village Port St. Lucie - Representative Lee addressed the Board as a resident of St. Lucie County. He commended the Board for the attention they have given this matter. He indicated that there are many members of the community who are very knowledgeable on the topic of compost plants and the 9 1 P a g e Regular Meeting Tuesday, May 3, 2016 6:00 PM potential problems associated. He urged staff to seek these citizens' opinions and advice on this matter. Howard Fine, St. Lucie County Resident - Mr. Fine spoke about the issues facing the county regarding funding, revenues and jobs. He acknowledged the importance of protecting the environment but also creating a sustainable economy. He indicated that by placing the moratorium and stopping business from entering the county, there are long term negative effects. Mr. Fine spoke about the other difficulties that citizens opposed, such as rail transport of liquid natural gas. He said the county needs to make it easy and viable for companies to do business in the area. He indicated the landfill is watched while they process compost material, and any other companies would face the same scrutiny. He expressed the opinion that the citizens of the county are well protected by staff's decisions. Chuck Alby, PGA Village - Mr. Allay identified himself as a member of the Master Board of PGA village. He commended the Board for considering the moratorium and their efforts to collect the correct information before going forward. He expressed support for bringing businesses into the area and also protecting the environment to continue growing the local tourism industry. Commissioner Dzadovsky asked staff from the Planning Department to take notes on the points raised by public comment. He indicated that the Board is in support of economic development but also addresses the potential negative scenarios associated with the agricultural industry in St. Lucie County. He asked the members of the audience to raise their hands in support of the moratorium, the majority of the audience did so. Commissioner Dzadovsky noted that there would be public workshops for citizens to have input on the process and a separate public hearing with the Planning and Zoning Commission in addition to another hearing before the Board of County Commissioners. Commissioner Mowery moved to approve advertisement of the second public hearing, Commissioner Dzadovsky seconded the motion. The motion passed unanimously. After this item, Chairman Johnson allowed for a short recess of the meeting at 7:20 PM. RESULT: 1ST READING APPROVED Next: 6/7/2016 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 1. Resolution Granting a Change in Zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District Chairman Johnson called the meeting back to order at 7:33 PM. The County Senior Planner presented this item. She indicated that there are two agenda items related to the Commercial Circle Rehabilitation Center. The first is a request for a change in zoning from industrial, light to institutional. If the first item is approved, the Board would consider approval of the second item. The second item is a conditional use permit for a drug and alcohol detox rehabilitation center in institutional zoning. These items will require separate votes. Staff acknowledged that both items are Quasi -Judicial public hearings and all required public notice items are in the agenda packet. 101Page Regular Meeting Tuesday, May 3, 2016 6:00 PM The Senior Planner explained this proposal is for a 1.93 acre parcel located within the Kings Highway Industrial Park, 130 feet west of the park entrance on Kings Highway. At the Planning and Zoning Commission's March 17th meeting, the Board approved both petitions by a vote of 4 to 2. At that hearing, the agent, applicant and property owner representatives addressed the Board in support of the petition and one property owner spoke in opposition of the petition. Since that meeting, staff has received conditional use response forms indicating they are not in favor of the petition from 65.31% of landowners within 500 feet of the property. Staff continued, in accordance with Land Development Code section 11.07.01C, this response from landowners determines the conditional use permit may not be approved except by a favorable vote of 4/5ths of Board members. She indicated that the response forms and associated map were provided to the applicant, the applicant's agent and the property owners. The Senior Planner continued by presenting a map of the area and landowners within 500 not in support of the petition. She noted that no responses in favor or of no opinion were received other than the applicant and the property owner, which is not included in the 4/5ths calculation. Responses were also received from 3 property owners within the industrial park, indicating they were not in support. Staff explained the subject site is within the 120+ acre Kings Highway Industrial Park, which is over 80% built out. She indicated that only 22 of the 144 lots are currently undeveloped. The industrial park is provided with Fort Pierce Utilities Authority water and wastewater service and an onsite stormwater management system. The park is also designated a Foreign Trade Zone. The parcel contains a 14,446 square foot building constructed in 2000 for a tax and financial software development company. That operation was registered on the site until August 2012. The Senior Planner presented a map of the zoning districts surrounding the subject parcel, which are uniformly industrial light. The proposed institutional zoning district would permit several types of residential care facilities, which staff finds incompatible with the surrounding industrial uses. If the parcel is rezoned to institutional, no additional public hearings or Board approval would be required for these permitted uses to operate on the property. Staff presented the industrial uses located adjacent to the subject parcel. She also detailed the features of the proposed specialty hospital, which is classified under the standard industrial code for health services. At the Planning and Zoning hearing for this project, there were discussions on where the proposed use could be located. Staff indicated that specialty hospitals are permitted uses in commercial general zoning and a conditional use in institutional zoning. She presented maps of the existing commercial general and institutional zoned lands in St. Lucie County. Staff also presented a map of the Foreign Trade Zones in the county and the economic development policy related to this zone, which states "assist in the promotion, implementation of Foreign Trade Zone services in St. Lucie County". Rezoning would reduce the inventory of industrial developed lands in the FTZ. The Senior Planner defined Foreign Trade Zones and listed the areas in the county that are classified as such. 111 Page Regular Meeting Tuesday, May 3, 2016 6:00 PM Staff has found that the change in zoning is inconsistent with the goals, objectives and policies as set forth in the Comprehensive Plan and the Land Development Code's standards of review as sited in the staff report for the change in zoning and the conditional use permit. Staff also expressed concern with the list of permitted uses for institutional zoning that is not compatible with surrounding industrial uses and the loss of industrial zoning in the FTZ. The Senior Planner submitted the report for both applications and the response forms and maps for the public record. Staff recommends denial of the Commercial Circle Rehabilitation Center application for rezoning and conditional use permit. Chairman Johnson acknowledged the Quasi -Judicial hearing and asked the Board to disclose any contact with the applicant or representatives. Commissioner Lewis met with the applicant's representatives, received emails and letters and met with staff. Commissioner Dzadovsky met with the applicant and his representative, received emails and met with a member of the industrial park at the meeting and met with staff. Chairman Johnson met with the applicant and drove to the site to view the area, also met with business owners from the park at the meeting and met with staff. He later added that Dean Mead and Michael Minton, representing Omega Groves sent a letter to the commissioners. Commissioner Hutchinson met with staff, received letters from Mr. Minton and Al's Farm, spoke with the applicant and his representative, and received a phone call from a School Board member voicing concern over children's safety at the location. Commissioner Mowery met with staff, viewed the letters, met with the agent and his representative and spoke with landowners. Commissioner Hutchinson asked staff about the process for the county to obtain a Foreign Trade Zone Designation. She also asked if this matter had been brought before the Foreign Trade Zone Board. She asked if the Foreign Trade Zone on Kings Highway is the only FTZ with water and sewer. The Senior Planner answered that the process was done in 1996 and she did not have the documentation on the process. Staff indicated that the topic was not brought before that board, but an email was sent to the manager of the FTZ to get his feedback. Staff confirmed that Fort Pierce Utilities serves that location with water and sewer. Commissioner Dzadovsky asked if there was a provision on how many voters needed to approve. Staff answered the code requires a 4/5ths vote on the conditional use permit, however that vote is dependent on rezoning approval first. Chairman Johnson introduced Brad Currie from EDC Civil Engineering and Surveying to present on behalf of the applicant. Mr. Currie began his presentation by covering the requirements for both items and explained the conditions associated with the conditional use permit. He indicated that the facility would be a detox facility only. He presented maps of the location, surrounding uses, future land use and zoning. He 121Page Regular Meeting Tuesday, May 3, 2016 6:00 PM presented the data of the area, including parcel size, building size, and related dates. He corrected the date vacated to 2012 to represent the information presented by staff. Mr. Currie addressed concerns over increased traffic by defining the proposed site as a low traffic facility. He presented photos of the site to demonstrate visibility from the highway and proximity to other buildings. Mr. Currie asked another condition be added to the conditional use application, the construction of a wall. He continued with site photos and explained the plans for the 6-foot privacy wall to be built. Mr. Currie explained the zoning matrix he used to analyze the project, which considers the zoning district and compatibility between land use and zoning. He found the institutional use to be compatible with all future land use categories except "TU". He covered the summary of the proposed use and operations on site. Mr. Currie defined the use as a specialty hospital for detoxification of patients over 5 to 7 days. To continue treatment beyond that stage, the patients would transition to another location. Examples of these locations were presented along with an explanation of the JCAHO accreditation for healthcare organizations. Mr. Currie introduced Alex Tavella from NDW Holdings to give the Board a summary of the process at the proposed facility. He thanked the Board and addressed Commissioner Hutchinson's comments regarding students' safety at the location. He spoke about his own experience with addiction and his children and expressed that people with addiction are not criminals. Mr. Tavella explained the strict process with private clients, and noted that the facility does not take criminal justice or mental health clients. He explained the screening process and assessment that takes place over the phone before the individual is admitted to the program. He clarified that patients are transported to the door and out the door, there are no walk-ins. Mr. Tavella described his visit to the site and the sense of community he experienced. He expressed a desire to incorporate the proposed facility into the area and help address the needs for the community. Mr. Tavella introduced Christopher Ward, a former client of the rehabilitation center that now works for the facility. He credits the facility for saving his life and providing a family -like atmosphere for his recovery. Mr. Ward explained his own experience and the impact of addiction on families. He said that these facilities teach their patients how to live again and rejoin their community. Mr. Currie continued his presentation by presenting a map of the nearest residence. He spoke about the recent project on 25th Street, which was determined inappropriate because of the location in a residential area. Commissioner Dzadovsky clarified that the 25th Street project was deemed incorrect due to the density of the area, Mr. Currie agreed with this correction. The presentation continued with a summary of the standards of review for rezone criteria and detailed how the proposed site plan would be consistent with these standards. Mr. Currie indicated the applicant planned to invest over $1 million on the property, which may increase property values. He also covered the standards of review 131Page Regular Meeting Tuesday, May 3, 2016 6:00 PM for the conditional use permit, including the effect on adjacent properties. He stated that there would be minimal effect on adjacent properties, as the patients will be sick when at the facility. Mr. Currie explained the neighborhood meeting on March 9, 2016, where 5 property owners attended and mostly discussed the proposed use. He indicated the Planning and Zoning Board recommended approval at the March 17, 2016 meeting with a 4-2 vote. Mr. Currie concluded his presentation by addressing Board concerns over noise, stating it would be a quiet use. He spoke about other properties within the industrial park that have the FTZ designation and remain vacant, including the proposed site. Commissioner Mowery asked how the other 2 facilities currently operated by the applicant would compare to the proposed facility. He pointed out that the Core Centers' Website indicated that they provide detox and rehabilitation on site. Mr. Currie answered that detox does not occur at the Core Center. Mr. Tavella confirmed that the Core Center is a drug and alcohol treatment facility and PHP/IOP residential facility. He explained that the detox section of the website is to assist clients in finding treatment easily, they are referred to another location for detox. Commissioner Mowery added that from the Core Centers website states "the average stay for detox at the Core Centers is 3-10 days". He asked for clarification. Mr. Tavella said that information is incorrect on the site, there is no detox at the Core Centers. Commissioner Mowery also asked for clarification of the term partial hospitalization and if that is proposed for this location. He asked if the proposed location would offer outpatient services. Mr. Tavella answered that the facility would offer day/night treatment with community housing. Clients would come to the center for a clinical day of treatment and then go back to the residence. This residence is a free standing building with supervision of clients. He answered that no outpatient services would be offered. Mr. Currie added that Commissioner Mowery was speaking about the rehab portion of recovery, based on the Florida Model. This is the model that allows for the separation of treatment and accommodations. Commissioner Dzadovsky asked if the JCAHO accreditation was approved by the AMA. Mr. Currie answered that it is not, it is a private accreditation. Mr. Tavella added that this accreditation is required by most Blue Cross Blue Shield insurance claims. Commissioner Dzadovsky referenced the Senior Planner's map on commercial general zoned areas. He pointed out that there are more applicable places for this medical facility. Mr. Currie said that to his knowledge the proposed use was only allowed as a conditional use under all the zoning districts. Commissioner Dzadovsky said that information should have been communicated better. He also asked about the Foreign Trade Zone inconstancies. Mr. Currie answered that he did not feel it was an inconsistency and should not prohibit their proposed use. He saw opportunity for the community to fulfill a need for the facility, occupy a building that has been unoccupied and add 80 jobs to the community. He said there are other vacant parcels under the FTZ. 14 1 Pag Regular Meeting Tuesday, May 3, 2016 6:00 PM Chairman Johnson opened the hearing to the public for comment. Michael Minton, 2513 South Indian River Dr. Fort Pierce - Mr. Minton spoke on behalf of Omega Groves and Minton Son. He indicated that his family has been involved in the citrus industry for over 50 years in the Kings Highway area. He spoke about the evolution of the area, and the need for leadership, foresight, and investment in infrastructure to grow the economy of the industrial properties. He felt the proposed use is inconsistent with current and future land use and zoning. Mr. Minton served as council and assisted with the application for the Foreign Trade Zone designation. He did not have specific figures, but indicated it took a number of years and tens of thousands of dollars of investment. To qualify as a FTZ, the property must maintain security and remain drug -free. He asked the Board to verify with Customs if the presence of the proposed facility would impede future qualifications. Mr. Minton spoke about the current issues with traffic in that area and raised concern over possible foot traffic associated with patients trying to leave the facility. He also noted that there are similar facilities already existing in the county to address this need and asked why patients would be treated here and then relocated. He concluded that the main issue for growth in the area of Kings Highway is the delay by FDOT to finish the roadway. Jeff Schorner, 3698 Riverwoods Dr. Fort Pierce - Mr. Schorner identified himself as the owner of Al's Family Farms located at 2005 Kings Highway. He agreed with the points made by Mr. Minton. He thanked the Board and expressed compassion for those affected by drug addiction. Mr. Schorner explained his history and experience with the local citrus industry and restoration of the Red Barn property. He referenced the video included in his email to the commissioners, covering his vision for the children of the county through future agro-business. He explained the educational opportunities at his location for field trips. He wants to provide a safe space for the children in the area. Mr. Schorner asked to address the inconsistencies at the site meeting and the Zoning Board meeting, where the facility patients would predominately be transitioned from out of state. He also expressed the opinion of many other business owners being in the location because of the Foreign Trade Zone. Fred DiSisto, St. Lucie County Resident - Mr. DiSisto indicated he owned a door manufacturing business located at 7457 Commercial Circle. He spoke about his experience with the recession and recent economic improvements. He planned to build a 20,000 square foot building by the middle of 2017. He chose the industrial park on Kings Highway because of the appeal of the area. Mr. DiSisto said he is not against the proposed facility, but there are other locations that are better suited. He expressed concern over protecting the Foreign Trade Zone and looking to bring more industrial businesses into the area. He also expressed concern over the detox facility discouraging potential renters of his property. Mr. DiSisto reminded the Board that the issue is about correct zoning for proposed uses and changes in zoning should be closely examined. Michael Jacquin, St Lucie County Resident - Mr. Jacquin spoke on behalf of his business located at 7348 Commercial Circle and as the President of the Association of the Kings Highway Industrial Park. He spoke with business owners in the park and the consensus was there was an issue with the change in zoning. He indicated that if the proposal did 151Page Regular Meeting Tuesday, May 3, 2016 6:00 PM not change the zoning from light industrial, perhaps opinions would be different. He also spoke about his experience with the 25th Street project and the history of these types of facilities in the county. Mr. Jacquin said it would be helpful for the Board to provide these applicants with alternate locations. He did not feel that the proposed facility would create issues in the industrial park. Chairman Johnson said that the Senior Planner can provide applicants with that information as necessary. Jim Batalini, 510 Woodcrest Drive Fort Pierce - Mr. Batalini indicated his experience with Foreign Trade Zones, owning businesses in Fort Lauderdale and Port Everglades. He is currently working with St. Lucie County to develop the Treasure Coast Foreign Trade Zone, with the main facility located at 7328 Commercial Circle and 2 other properties on Commercial Circle. Mr. Batalini stated the goal is to develop the entire area into a FTZ. He indicated that drugs are not permitted in these zones and referenced the original application would have cost much more than the tens of thousands of dollars referenced earlier in the meeting. He explained that the original grant was issued with industrial zoning and if the Foreign Trade Zone Board in Washington determines that property is not being used for that purpose, the grant can be rescinded. Mr. Batalini explained that he moved his family and business to the area to achieve this goal. He said his report from last year revealed $2 million of revenue through the zone. He spoke about his own experience with similar addiction facilities in Fort Lauderdale and patients leaving to go to nearby stores. Dale Reed, 2811 North Indian River Dr. - Mr. Reed identified himself as the owner of the business located at 7300 Commercial Circle as well as 15 other lots within the industrial park. He is also the general manager of Pressure Pro, which is located in the park. He spoke in opposition of the rezoning. Mr. Reed expressed sympathy for those affected by addiction, and felt that the park is simply not the right location for the facility. He explained that business owners made a sizable investment to be considered part of the Foreign Trade Zone. Joseph Miller, 5404 Ideal Holding Road Fort Pierce - Mr. Miller indicated that he owns 2 parcels in the industrial park 7328 and 7332 Commercial Circle. These properties are just outside the 500 foot radius and he was not contacted for a response form. He explained his main issue with the rezoning is a potential to fracture the integrity of the trade zone. Mr. Miller said the designation has been in place for 20 years and a large amount of money was spent by the county. He spoke of his tenant, Mr. Batalini who moved to Fort Pierce to lease multiple properties to support this designation. He expressed his opposition to the rezoning. Karen Donahue, St. Lucie County Resident - Ms. Donahue indicated that she owns 7496 and 7463 Commercial Circle. She said that she has been in the park since the early 90's. She expressed fear for the safety of herself and her employees in their location in the pa rk. Paul Shaw, St. Lucie County Resident - Mr. Shaw identified as a commercial realtor in Fort Pierce for the last 16 years. He spoke about the 25th Street project and expressed sympathy to the cause. He felt that there are not many places for facilities like this, because many are currently commercially zoned. He spoke in support of the Foreign 16 1 Regular Meeting Tuesday, May 3, 2016 6:00 PM Trade Zone. Mr. Shaw said that the location needs to be compatible with the proposed use. Commissioner Dzadovsky asked staff to display the map with the general commercial areas that permit medical facilities in the county. Bradley Schorner, St. Lucie County Resident - Mr. Schorner identified himself as the son of Jeff Schorner, owner of Al's Family Farms. He spoke about his experience working at Al's Family Farms and his father's mission to educate children in the area. He expressed concern over maintaining the location as a safe place for kids to visit. Roland O'Brien, St. Lucie County Resident - Mr. O'Brien spoke about his experience at Al's Family Farms. He expressed empathy for those affected by drug and alcohol addiction. He felt that the company was looking to rezone the industrial area as a less expensive opportunity in the county. Mr. O'Brien felt there was room in other areas, and the industrial park was not the correct place. Chairman Johnson invited Mr. Curry to address the Board with his closing comments. Mr. Curry spoke about the map that was presented and considered it misleading. He said that there are some places where the facility could fit, however this opportunity meets their requirements and is far away from residential areas. He acknowledged that the proposed use could be allowed in a commercial general zoning under health services, and had possibly misinterpreted the code. Chairman Johnson closed the public hearing. The County Attorney clarified that under the law, the Board cannot consider the type of people who would be using the proposed facility. He said the institutional use itself must be examined under the standards of review for compatibility. He advised the Board to give their reasoning if they vote against the rezoning. Commissioner Hutchinson addressed the applicant's response to her comments regarding her disclosure of the concerns of the school board member. She clarified that during her disclosure she has to give details regarding phone calls because there is no written record of the communication and the comments were not her personal opinion. Commissioner Hutchinson asked the County Attorney for details on the Foreign Trade Zone process. She asked if it was an "easy process". The County Attorney answered that outside counsel was brought in to assist with the federal application process. He said it incurred significant costs, with the attorney costs alone being $50,000. He confirmed that it was a complex, time-consuming process. Commissioner Hutchinson said the decision was not about emotion, but rather if the rezoning is compatible in the area being requested. After review of the industrial area her main concerns were the FTZ designation, the water/sewer connections, private ownership and existing vs proposed permitted uses. Commissioner Hutchinson concluded that she could not support the application. Commissioner Lewis asked about the potential difficulty in maintaining the FTZ if the area is opened up to a hospital use. 17 1 P a g Regular Meeting Tuesday, May 3, 2016 6:00 PM The County Attorney indicated he is not an expert on Foreign Trade Zones, however the issue of compatibility with the criteria for a FTZ has to be maintained. This includes no drug use. He said the designation has to actively be maintained, it can be removed. Commissioner Dzadovsky spoke about efforts to bring manufacturing to the area to create new business opportunities. He felt that because of those efforts the rezoning would do a disservice to what the county is trying to accomplish. He agreed with staff's recommendation that rezoning is not compatible with the surrounding area, is in conflict with the economic directives of the comprehensive plan, and does not meet the standards of review within the land development code. Commissioner Dzadovsky concluded that he could not support the application. Commissioner Mowery asked to make a motion to deny the request based on the incompatibility with the surrounding land uses and conflict with the land development code, as detailed in county staff's report. Commissioner Dzadovsky seconded that motion. Commissioner Lewis wanted to state her reasoning, before voting per the County Attorney's counsel. She expressed her feelings of conflict. She spoke about the vision for developing the county. She said that there is generally a place to put all types of businesses necessary for a community. She remembered the process for applying for Foreign Trade Zone designation and noted that this land and the industrial zoned land is now limited. Commissioner Lewis felt that both parties involved should be concerned with compatibility. She concluded that she was unable to support the application. Chairman Johnson commended the applicants for their mission and using their experience to better the lives of others. He said he had examined the site and the proximity to existing businesses. His main issues included other potential conditional uses, drug use affecting FTZ designation and the limited FTZ space in the county. Chairman Johnson concluded that he did not support the application. Chairman Johnson asked for the roll to be called on the motion to deny the application: Commissioner Lewis: Yes Commissioner Hutchinson: Yes Commissioner Dzadovsky: Yes Commissioner Mowery: Yes Chairman Johnson: Yes Commissioner Hutchinson asked for future Foreign Trade Zone applications to be reviewed by the Foreign Trade Board for recommendations. Chairman Johnson also asked staff to utilize the zoning map to determine potential sites for compatible uses. The Planning and Development Services Director addressed the Board to confirm that staff has coordinated with the airport manager, who manages the Foreign Trade Zone, for future projects. 181Page Regular Meeting Tuesday, May 3, 2016 6:00 PM RESULT: DEFEATED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 2. Resolution Granting a Conditional Use Permit for a Drug and Alcohol Rehabilitation Center in I (Institutional) Zoning RESULT: WITHDRAWN C. PUBLIC WORKS 1. Resolution - Drawdy Brothers Investments, LLP - Public Hearing for Paving Waiver and Fair Share Contribution Agreement The County Surveyor presented this request from Drawdy Brothers Investments LLP for a paving waiver acceptance of a fair share contribution pursuant to section 7.05.07 B.2.a of the St. Lucie County Land Development Code. He indicated the applicant proposed to develop a project known as Drawdy Brocksmith Road Subdivision which is located within the unincorporated area of St. Lucie County, east of Brocksmith Road and approximately 3/4 of a mile north of Okeechobee Road. The developers proposed seven lots abutting Brocksmith Road. The zoning of the subject parcel is AG 5. The roadway is maintained by St. Lucie County and constructed with a chip seal surface treatment and considered an unimproved road. Brocksmith Road, from Orange Ave south to Okeechobee Road is sub- standard right-of-way width. County staff has reviewed the Fair Share Analysis submitted by the applicant and approves the fair share cost in the amount of $187,204. The engineer's estimate included all components of a county typical rural section. Staff has approved the estimated cost of construction of $1.4 million. Notice of the proposed paving waiver Public Hearing was sent via letter to all of the affected residents within a 500-foot radius of the location. Notice was also published in the St. Lucie News Tribune on April 10, 2016. The required sign was installed on April 23, 2016 notifying the public of the purpose, date and time of this public hearing. There have been no written responses supporting or opposing this request. Staff presented the four options available for the Board to consider: waive the fee in its entirety, modify the fair share contribution amount, accept lump sum payment in the amount of $90,000 from the developer for future maintenance of the road, or approve staff recommendation and accept the fair share contribution of $187,204. Commissioner Hutchinson asked for clarification that the amount of $187,204 would be held in an escrow account for ten years - to be returned if the road is not paved. She asked for staff's opinion if Brocksmith Road would be paved to county standards in the next ten years. The County Surveyor confirmed that is correct and he advised that the road would not be paved in that time frame. 19 1 P a g Regular Meeting Tuesday, May 3, 2016 6:00 PM Commissioner Hutchinson reminded the Board that previous projects for Brocksmith Road, required property owners to sign consent of an MSBU in the future. Staff confirmed that was the case for the prior applicant, Hayes Subdivision and required future property owners be notified. Commissioner Mowery asked to look at the maintenance route, because the road would not be paved in the next ten years and currently requires repairs. He felt that other road projects will be completed before this one. Commissioner Hutchison seconded the maintenance option. Commissioner Dzadovsky pointed out the differences from the previous application and indicated that small improvement projects may not be the best option for tax payers. Commissioner Mowery pointed out other potential costs associated with paving a 3.5 mile road, such as drainage and right-of-way areas. Dennis Murphy with Culpepper and Turpening, spoke on behalf of Drawdy Brothers Investments. He agreed with staff's determination that the road would not be paved within ten years. Based on this fact, he asked the Board for relief of the road paving requirement. Mr. Murphy explained the accelerated wear that occurs on the roadway and determined a total reclamation and restoration would be needed. He raised concerns over contributing to the capital maintenance of the roadway and the cost of $90,000. He requested the Board approve the waiver for road paving, the applicant will accept the MSBU condition and have staff work with the applicant to determine a fair amount for maintenance. Commissioner Dzadovsky reiterated his concerns that future property owners will want the roadway paved and approving this waiver will cause problems in the future. Commissioner Mowery asked the applicant if he was in support of the approving the waiver with the $90,000 maintenance condition. Mr. Murphy answered that he felt $90,000 was too high and the client would not be in favor. Commissioner Dzadovsky asked staff for the cost of completing chip -seal on the roadway. He explained that the applicant could maintain this on the roadway. The County Surveyor answered the current contract estimate for the proposed road would be $90,000. The applicant did not want to maintain chip -seal on a public right-of-way. Commissioner Dzadovsky expressed concern over approving the waiver, which he felt will cost taxpayers in the future when additional maintenance is needed. Commissioner Mowery asked Chairman Johnson to have this item continued at the May 17th meeting, based on current discussions. He wanted to allow the applicant and staff time to consider other solutions. Chairman Johnson asked if Mr. Murphy would be open to a continuance. Mr. Murphy answered he was and would like to find the right number for both parties. 20 1 Regular Meeting Tuesday, May 3, 2016 6:00 PM Chairman Johnson opened the hearing for public comment. With no one to address the Board, Commissioner Mowery made the motion for continuance and Commissioner Hutchinson seconded the motion. Commissioner Hutchinson asked to have staff work on the numbers with the applicant before the next meeting. Commissioner Dzadovsky asked to have the MSBU language be added to their discussion as well. RESULT: CONTINUED Next: 5/17/2016 9:00 AM 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Permission to Advertise - Ordinance Scheduling a Referendum Election on November 8, 2016 for a Proposed 0.5 Percent Local Government Infrastructure Surtax The County Attorney presented this item. On April 19, 2016, the County Administrator discussed with the Board a proposed 0.5% infrastructure surtax. Staff indicated that proceeds from the surtax, would be used to improve public roads, reduce traffic congestion, improve public safety, improve local water quality and other similar uses. Implementation of the surtax requires that the Board adopt an ordinance that directs the Supervisor of Elections to schedule a referendum election to allow the qualified electors of the county to vote on the levy of the tax. The County Attorney provided a draft ordinance that would direct the Supervisor of Elections to hold a referendum election on November 8, 2016 on the ballot question set out in the draft ordinance. If approved by the voters on November 8, the surtax would be effective for beginning January 1, 2017. The proceeds would be distributed by the county and municipalities pursuant to the formula set out in the statue. Staff reminded the Board that this item is a vote to advertise the ordinance. Commissioner Lewis asked if there would be a workshop regarding the surtax before June 7th. The Deputy County Administrator answered that any issues will be discussed in an informal setting before that date. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PLANNING & DEVELOPMENT SERVICES 1. Betkor Properties Road Impact Fee Agreement The Senior Planner presented this item. Betkor Properties has requested a road impact fee credit for the donation of a 20 foot wide strip of right-of-way along St. Lucie Boulevard to the county. The donation was accepted by the Board in 2003. Staff has reviewed the proposal and supporting documents and found the proposed road impact 21 1 Regular Meeting Tuesday, May 3, 2016 6:00 PM fee credits meet the standards for determining eligibility in the County's Code of Ordinance. Staff recommended approval of the road impact fee credit agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. PUBLIC WORKS 1. Slope Repair at 8001 Indian River Drive - Change Order No. 1 The County Engineer presented this item for the acceptance of the 8001 Indian River Drive slope repair project. This road was damaged in a January 2014 rain event and currently all of the damage has been repaired. He presented the 3 goals of the item being presented; approve additional funds to cover costs of the necessary repair, have the project accepted by the Board and to approve staff discussions with FDOT about the best long term plan for manageable maintenance of the roadway. The County Engineer covered the complications associated with the height of the roadway embankment, in regards to the County's 2004 hurricane repairs. Staff indicated that additional damage was discovered after county's estimates were made. The Army Corps permits only 2 acceptable repair procedures and these were increased to repair the additional damage. An additional sum of $68,805.31 is necessary to close the project. Staff asked the Board to accept the project, based on meeting plans, specifications and permitting requirements. Staff also presented plans and costs for the Phase 2 work needed on the area. Staff acknowledged that the Board is not able to commit to Phase 2 unless under emergency circumstances. Staff is asking approval to send a delegation to Fort Lauderdale District 4 Department of Transportation officials to seek guidance on this effort. Commissioner Hutchinson indicated there was unanimous support to have TPO involved in the process as well as FDOT. The County Engineer said that staff has opened discussions with the TPO. Commissioner Dzadovsky clarified that all 3 aspects discussed were being approved under one item. He also asked staff about the lawsuit related to the project and indicated to residents that it will be a conversation with federal representatives. Staff answered that there would be significant public notice and meetings for any federal process. Commissioner Mowery and Commissioner Dzadovsky discussed the efforts and funding to complete the process and potential for assistance from federal resources. 221Page Regular Meeting Tuesday, May 3, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Board meeting on May 10, 2016 at 9 a.m. in Conference Room 43 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 14th from 8:00 a.m. to 2:00 p.m. at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. C. The Board of County Commissioners will hold a Regular Board meeting on May 17, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. County offices will be closed on Monday, May 30, 2016 to observe Memorial Day. 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. 23 1