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HomeMy WebLinkAboutMinutes 10.04.2016S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 4, 2016 Convened: 6:00 PM Adjourned: 8:37 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 Howard Tipton Administrator 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 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 Laurie Waldie Utility Director Present 6:00 PM Asheley Hepburn Director, Office of Management & Budget 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 2. INVOCATION Generated 1011312016 4:42 PM Regular Meeting Tuesday, October 4, 2016 6:00 PM 3. PLEDGE OF ALLEGIANCE 1. Jack and Jill of the Treasure Coast Representatives from Jack and Jill recited the Pledge of Allegiance and Preamble to the US Constitution before the meeting. 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, September 20, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 5. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming October 2016 as "National Domestic Violence Awareness Month" in St. Lucie County, Florida Tracy Levy, the Director of Development from Safespace accepted the proclamation. Chairman Johnson, Commissioner Dzadovsky and Commissioner Mowery wore red high heels to promote the "Walk a Mile in Her Shoes" event. Ms. Levy thanked the county on behalf of Safespace and the victims and children affected each day. She introduced Mitch Kloorfain as a board member and event co-chair and thanked him for his help. Ms. Levy spoke about the statistics related to domestic abuse in the country and in St. Lucie County. She also indicated that approximately half of domestic violence incidences go unreported. She noted the services provided by Safespace, including emergency shelter, supportive living and outreach services. Ms. Levy stated that in the last fiscal year Safespace served nearly 3000 victims and children and there are currently 48 women and children in the shelter. Because the most dangerous time for victims is when they leave the abusive relationship, Ms. Levy emphasized the importance of providing the services to keep them safe and raise awareness. She invited everyone to attend the 7th annual "Walk a Mile in Her Shoes" event on Saturday October 15th at Marina Square in Downtown Fort Pierce. Commissioner Dzadovsky spoke about surviving domestic abuse and the opportunities provided by Safespace to the community. He urged anyone affected by domestic violence to reach out. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Resolution - Proclaiming October 17, 2016 as "Lights On Afterschool Day" in St. Lucie County, Florida 2 1 P a g e Regular Meeting Tuesday, October 4, 2016 6:00 PM Terrence Platt and Kimberly Roberts, program managers from 21st Century accepted the proclamation. Mr. Platt thanked the Board on behalf of St. Lucie County schools. He spoke about the important impact of quality after school programs on the community. Chairman Johnson urged parents to attend and encourage their children to participate. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. Resolution - Proclaiming October 2016 as "National Disability Employment Awareness Month" in St. Lucie County, Florida Adrienne Moore, Public Relations and Marketing for Helping People Succeed accepted the proclamation. She thanked the Board and indicated that many of the students are moving into the job market. Ms. Moore expressed the importance of allowing the disabled population in the county to become productive. She also indicated that Helping People Succeed is looking for office space in St. Lucie County to continue growing. Commissioner Dzadovsky asked how employers can contact Helping People Succeed. Ms. Moore answered that they can contact the President and CEO Suzy Hutcheson and the website: hpsfl.org. At this time, Commissioner Dzadovsky recognized the Jack and Jill organization for their work with the oyster bed restoration project. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) Richard Silvestri, 5708 Buchanan Dr Fort Pierce - Mr. Silvestri identified himself as the vice president of the Treasure Coast Progressive Alliance. He requested the Board make a formal resolution regarding the November 8th ballot question on Amendment 1. He stated that Amendment 1 will slow or stop the installation of roof -top solar panels to produce electricity. He stated that the resolution request provided speaks to the ballot measure and will be voted on October Sth by the Miami Dade Board of County Commissioners. Mr. Silvestri stated that he believes the resolution will pass. He asked the county to support the resolution. He directed the public to seek more information at votenoonl.org. Melissa Flotill, St Lucie County Resident - Ms. Flotill identified herself as the President of Jack and Jill of America Inc and a math teacher at Fort Pierce Westwood High School. She spoke about the importance of educating her own children and the children participating in the Jack and Jill program. She stated that the group was attending to expose the children to the governmental process. She introduced her daughter Faith Mobley to recite the Preamble to the US Constitution. Hazel Hoylman, St Lucie County Resident - Ms. Hoylman addressed herself as the vice chair of the Lincoln Park Ministers Association. She addressed the Board regarding goals to ensure the 3 1 P a g E Regular Meeting Tuesday, October 4, 2016 6:00 PM safety of all members of the community. She listed her organization's list of requests, including a civilian review board and use of body cameras by all law enforcement officers in the county. Chris Fogal, St Lucie County Resident - Mr. Fogal identified himself as a CPA, an ordained pastor and a member of the Lincoln Park Council of Ministers. He spoke about the peaceful march coordinated during the last week. He asked the Board to consider the list of requests and emphasized the importance of preventing these incidents. Bruce Strunk, St Lucie County Resident - Mr. Strunk indicated that he has lived in St. Lucie County since 1971 and stated that he has been a business owner since 1994. He expressed his desire to heal the community and bring transparency to the City of Fort Pierce. Pastor Ingersoll, St Lucie County - Pastor Ingersoll also addressed the Board on behalf of the group. He spoke about the growth of the morning prayer he started 22 months ago for the county and law enforcement. He Commissioner Mowery thanked the group for their efforts in the community. He encouraged the group to reach out to the sheriff's office with their concerns. Dr. Kenneth Mills, St Lucie County - Dr. Mills thanked county staff for working with the group and providing buses for their march. He reiterated the motto, "we are better together". 7. PRESENTATIONS A. Tug Boat Deployment for St. Lucie County's Artificial Reef Program - Erick Gill, Communications Director The County Communications Director presented this item for the tug boat deployment for St. Lucie County's artificial reef program. He thanked the Coastal Resources Coordinator for overseeing the project and presented a video of the deployment. Staff indicated that naming rights are available for the ship and to contact the Coastal Resources Coordinator at Oppenbornj@stlucieco.org. He also thanked Commissioner Dzadovsky for taking media out to the sight on a fishing charter and Kerry Dillion and Chris Ellert for the donation of GoPro cameras. Staff indicated that this video has already received 20,000 views. Commissioner Dzadovsky spoke about the benefit of artificial reefs to the diving tourism industry. He thanked the volunteers for their work preparing the ship for deployment. B. Non -Agenda Item - Hurricane Matthew Update - County Administrator The County Administrator updated the Board on the county's status regarding Hurricane Matthew. He indicated that a state of emergency had been declared that afternoon. He updated the closures for the schools and county offices. Staff indicated that the storm is considered major and should be taken seriously. The Public Safety Director provided the latest update and stated that the storm had shifted closer to the coast of Florida. He indicated a hurricane warning would most likely be issued for the county in the next day. Staff explained the procedure for emergency operations in the county and cities and listed the various shelters. He urged residents to be prepared and to take the storm very seriously. Commissioner Dzadovsky asked how residents would be able to get back onto the island after it is safe. Staff answered that residents cannot reenter the island until it is deemed safe. 4 1 P a g E Regular Meeting Tuesday, October 4, 2016 6:00 PM Commissioner Dzadovsky asked residents to volunteer after the storm with SAFER St. Lucie. Commissioner Hutchinson asked about debris pickup after the storm. The County Attorney indicated that the issue was resolved through FEMA several years ago and would allow for an additional emergency memorandum if needed. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. Warrant Lists 50 & 51 �eV1►�iII�1��l:L��[�L 1. Second Amendment to the A.E. "Bean" Backus Gallery & Museum, Inc. Grant Agreement 2. To Approve AECOM Work Authorization for NAVAIDS Improvements C. COUNTY ATTORNEY 1. Canvassing Board - Appointment of Alternate for General Election 2. Transit Shelter Agreement - Dino Spada ADA, Inc. 3. Resolution - Name Tract A on the Plat of Southern Grove Plat No. 15 recorded in Plat Book 71, Pages 10 and 11 - SW Don Led Duke Drive 4. Dual naming of State Road A1A from Shorewinds Drive north to the Indian River County line 5. Revocable License Agreement - Paradise Park - 2001 Barcelona Avenue - Parcel ID 1433- 701-0401-000-6 - Fence in 10' Alley 6. J. I. Kellem's Subdivision - Quit Claim Deed from St. Lucie County to Best Buy Vehicles, Inc. 7. Access Easement Agreement - Landfill Exit Road 8. Teamster Local Union No. 769 - First Amendment to October 1, 2015 Collective Bargining Agreement D. COMMUNITY SERVICES 5 1 P a g e Regular Meeting Tuesday, October 4, 2016 6:00 PM 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 1. Supervisor of Elections Advance Request 2. Tax Collector Advance Request K. PARKS, RECREATION & FACILITIES There are no items scheduled. L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Ideal Holding Road at North St. Lucie River Water Control District Canal 76 Culvert Repair - Accept Project 2. North 2nd Street Change Order No. 15 with Mancil's Tractor Service, Inc. 3. North 2nd Street Change Order No. 16 with Mancil's Tractor Service, Inc. O. SHERIFF'S OFFICE 6 1 P a g e Regular Meeting Tuesday, October 4, 2016 6:00 PM Q 1. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $80,990.00 for budget year 2016 P. SOLID WASTE N R There are no items scheduled. SUPERVISOR OF ELECTIONS There are no items scheduled. TRANSPORTATION PLANNING ORGANIZATION 1. Federal Transit Administration (FTA) Notification of Funding for FY 16/17 S. UTILITIES There are no items scheduled. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish seven (7) unsafe structures in St. Lucie County, FL The Assistant County Attorney presented this item for permission to demolish seven unsafe structures in St. Lucie County. She indicated that the seven buildings located in St. Lucie County have been determined to be unsafe and to constitute a public nuisance. Staff provided a report and pictures to back up the findings by the building official that the cost of restoration will exceed 50% of the value of repair. Staff listed the seven buildings: 1. 3402 Avenue R, Fort Pierce - Owner Ron Hill 2. 4000 Avenue L, Fort Pierce - Owner Gilford and Magdalene Duval 3 5213 Bowling Green, Fort Pierce - Owner Cesar and Marcella Martinez 4. 3107 Anderson, Fort Pierce - Owner Ronald Howard 5. 5002 Miramar, Fort Pierce - Owner Robert Hutchin 6. 4505 Juanita, Fort Pierce - Owner Ricky Reaves 7. 4002 Avenue L, Fort Pierce - William M. West and Michelle Pettway On July 5, 2016, the Board of County Commissioners declared the buildings to be unsafe and constitute a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety hazards. All interested parties have been notified that a public hearing would be held to determine what further action should be taken, which may include an order to demolish the structures and place a lien on the 71 Regular Meeting Tuesday, October 4, 2016 6:00 PM properties. Staff indicated that all owners were notified by certified mail that the properties were posted and notices were published in TC Palm on August 6th, August 13th, August 20th and August 27th. The funds for the condemnation demolition of the unsafe structures has been added to the fiscal year 2017 budget. Staff will remove 5002 Miramar from the list, as the owner has hired a contractor, pulled permits and put a new roof on the building. Staff is also a requesting a modification to the recommendation for 5213 Bowling Green, as there was a new owner on September 16th. The new owners have met with staff and hired a contractor and started cleaning the property. Staff has requested that property be continued until February 7th at 6pm or soon thereafter with the anticipation the property will be pulled from the list before that date. Staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the remaining 5 structures: 3402 Avenue R, 4000 Avenue L, 3107 Anderson, 4505 Juanita, and 4002 Avenue L. The Assistant County Attorney stated that the county will clean the properties of all junk, trash and debris, and assess the entire cost of such demolition against the real properties which shall constitute a lien payable to St. Lucie County, pursuant to the provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled Laws. Chairman Johnson opened the hearing to the public at this time: Ricky Reaves, 4505 Juanita Ave, Fort Pierce - Mr. Reaves commented on the pictures presented of his property. He stated that he held off on repairing his home based on Hurricane Matthew. He asked the Board for a 3 week extension to make repairs and will demolish the home himself after that time if needed. Mr. Reaves noted that the home is solid, except for the addition which he agreed to remove. The Assistant County Attorney advised the Board to seek information from Code Enforcement staff and listed the options available; order demolish as recommended, continue the hearing or order demolish be delayed. Commissioner Mowery commented on the pictures of the structure and stated that there is extensive damage to the structure. Mr. Reaves stated that the damage is only in one room of the home. He noted that the damage is mainly due to Hurricanes Jeanne and Frances. Commissioner Hutchinson asked the County Building Inspector to give his comments on the structure. The County Building Official stated that the house has been in this condition for approximately 10 years. The home is 815 square feet and about 200 square feet is severely damaged. He indicated that the home is open to the elements and debris in the home made it difficult to determine the condition of the remaining 600 square feet. Staff stated that the home is "well over the 50%" mark. Commissioner Dzadovsky asked staff to confirm how long the home has been in this condition. The Building Official stated approximately 10 years. Commissioner Dzadovsky asked Mr. Reaves why would he begin renovations now and spoke about the condition of the neighborhood. He expressed reluctance at granting an additional 30 days for renovation to begin. 8 1 P a g e Regular Meeting Tuesday, October 4, 2016 6:00 PM Mr. Reaves answered that personal issues have caused delays on repairs to the house. He pointed out that there is no debris around the home or in the yard. Commissioner Dzadovsky spoke about his personal experience renovating a severely damaged home and advised that costs would be extremely high. Mr. Reaves stated that the material he bought to repair the home was taken by the contractor he hired. He stated that repairs stopped at that time. He reiterated that the addition is not included in the 815 square feet and that is where the majority of the damage is located. Mr. Reaves spoke about the condition of his yard and conflicts with neighbors. Chairman Johnson stated that the house was able to survive 2 major hurricanes. He asked for a vote from the Board. The Assistant County Attorney clarified that the vote was originally intended to include the 5 remaining properties, however the Board may choose to pull this property for a separate vote. Commissioner Lewis indicated that another property was being extended until February and asked if another time frame would be provided for the Juanita Ave property. Commissioner Mowery stated that he did not feel an extension would be appropriate based on the situation and condition of the home. Chairman Johnson expressed concern that there were not sufficient photos of other areas of the house to determine condition. He spoke about previous hearings and their results. Commissioner Hutchinson stated she felt confident in the opinion of the Building Official's statement that the structure is more than 50% damaged. Commissioner Dzadovsky asked staff if the property would have to be brought up to current code. The Building Official confirmed that it would have to bring up to Florida building code. He added that with appropriate funds, any structure could be brought to code. Commissioner Lewis asked staff if the addition was removed would the remainder of the building be solid. The Building Official answered that it is difficult to determine because of the contents in the home. Commissioner Mowery stated that to extend the time for the property, the owner would need to have an action plan and timeline with estimated costs. Chairman Johnson spoke about the condition of the inside of the home. He indicated that the pictures do not show damage beyond the addition. Commissioner Mowery directed the Board look at the photos of the front of the home. He stated that the Board needs to do the right thing for the neighborhood and the community. Commissioner Hutchinson indicated that she would support staff's recommendation based on the determination of the Building Inspector and by comparison of the status of the 2 properties that were pulled from the list. Marcella Martinez, St Lucie County Resident - Ms. Martinez introduced herself and her husband as the new owners of 5213 Bowling Green Drive. She asked the Board to consider approving the extension for their property. She stated that they have begun cleaning the property. Commissioner Mowery asked the Building Official about the status of this property. The County Building Official stated that this property is over 50% damaged and has a collapsed floor. He said that the damage was discussed with the new owners, who 9 1 P a g e Regular Meeting Tuesday, October 4, 2016 6:00 PM intend to replace the floor and understand the expenses associated. He stated that the owners have hired a contractor and design professional. Chairman Johnson closed the public hearing at this time. The County Attorney reviewed the items that were discussed. He stated that item 5 would be removed from the list, and the Bowling Green property is proposed for continuation until February 7th at 6PM. The County Attorney pulled Juanita Ave for separate vote based on public comment and Board discussion. Chairman Johnson asked Mr. Reaves if he felt capable of brining the home up to code in the next 30 days or soon thereafter. Mr. Reaves answered that he spoke with the Building Officials about his intention to demolish the addition and repair the remainder of the structure. Commissioner Dzadovsky made the motion to go forward with demolition. He spoke about the condition of the neighborhood and surrounding community. Commissioner Mowery seconded the motion. Commissioner Lewis expressed concern that despite contact with the Building Official, no progress has been made on the property in those weeks. She agreed with the staff recommendation. Chairman Johnson reiterated his reluctance to not allow Mr. Reaves the opportunity to work on his property. Commissioner Dzadovsky addressed the concerns of fair treatment, he indicated that the properties removed from the demolition list have made progress on repairs since contact with staff. He spoke about his experience on the Code Board and indicated that he has seen similar cases that prolong the process. He reiterated the importance of protecting the surrounding residents. Mr. Reaves asked for an extension of 2 weeks to make progress on the home. Commissioner Mowery asked Mr. Reaves about the extent of his repair plans. Mr. Reaves answered that he would remove the addition and stucco the home. He stated that there is no drywall in the house except for the room with damage. Commissioner Lewis clarified her concerns regarding the lack of progress since staff took pictures of the property in June. Chairman Johnson spoke about the previous hearing where a 30 day extension was granted. He noted that in the end, the home was demolished per staff recommendation. Commissioner Hutchison said it that each case is individual and should not be compared based on different circumstances. Chairman Johnson asked for the roll to be called regarding the vote on Juanita Ave. Commissioner Hutchinson - Yes Commissioner Lewis - Yes Commissioner Mowery - Yes Commissioner Dzadovsky - Yes Chairman Johnson - No 10 1 P a g Regular Meeting Tuesday, October 4, 2016 6:00 PM The County Attorney stated that the remaining 4 properties could be voted on in one motion. Staff recommended demolition of all 4 remaining properties. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Motion to: 5213 Bowling Green The County Attorney pulled this request to demolish this property for continuation until February 7th 2017 at 6PM or soon thereafter. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Motion to: 4505 Juanita Ave The County Attorney pulled this request to demolish this property for separate vote based on public comment and Board discussion. Staff recommended to order the demolition of the property. RESULT: ADOPTED [4 TO 11 MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Chris Dzadovsky, Tod Mowery, Paula A. Lewis, Frannie Hutchinson NAYS: Kim Johnson 2. Ordinance - Clarifying Library Advisory Board Member Terms The Assistant County Attorney presented this public hearing for an ordinance clarifying Library Advisory Board member terms. She stated the Library Advisory Board has requested that the amend section 26-4 to clarify the term served by members appointed by the individual commissioners and the St. Lucie County Library Association, known as the friends of the library. The proposed amendment would provide for such appointees to serve at the will of the commissioner or "the friends", respectively. Staff provided an ordinance has been drafted for that purpose and notice of the public hearing was published in the News Tribune on September 23, 2016. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 3. Ordinance - Correcting a Scrivener's Error in Ordinance No. 16-010 The County Attorney presented this item to correct a scrivener's error in Ordinance No. 16-010. He indicated that on June 21, 2016, the Board adopted an ordinance which Regular Meeting Tuesday, October 4, 2016 6:00 PM scheduled a referendum on November 8th to allow the electors to consider whether slot machine gaming shall be authorized at licensed pari-mutuel facilities located in St. Lucie County. He stated that in the ballot question, ordinance incorrectly denoted "licenses" pari-mutuel facilities rather than "licensed" pari-mutuel facilities. Staff stated that despite being a minor error, because it is in the ballot questions it is appropriate to correct the error. The County Attorney added that the ad for the correction was paid for by the proponents of the ballot question. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PLANNING & DEVELOPMENT SERVICES 1. 2nd Reading - Land Development Code Text Amendment Updating the Planned Non - Residential Neighborhood Zoning District The County Comprehensive Planner presented this item for a text amendment to the development standards for Planned Non -Residential Development (PNRD) zoning. She stated the purpose of the text amendment to provide clarity and consistency of interpretation among the 3 plan development zoning districts. Staff stated that this is a legislative public hearing and notice was published in the Tribune on September 22nd and no comments were submitted by the public. She stated that planned development zoning is intended to achieve superior development through flexibility and creativity. She review the 3 planned development zoning districts, PUD for residential, PNRD for non-residential, PMUD for a mix of both. She indicated that the code currently calls for a varying review of the 3, the intent of the amendment is to provide consistency of review among the 3. Staff presented the information in Table 7-10 regarding lot size and dimensional requirements. She clarified that this is the first of 2 required public hearings, the second hearing will be on Tuesday November 1st at 613M. RESULT: 1ST READING APPROVED Next: 11/1/2016 6:00 PM 2. Resolution - Rezoning for Miller and Turner from AR-1 (Agricultural, Residential - 1 du/acre) to IL (Industrial, Light) The County Comprehensive Planner presented this item for a resolution rezoning Miller and Turner from AR-1 to IL. Chairman Johnson indicated this is a quasi-judicial item. Staff presented the petition Planner presenting a petition on behalf of Joseph Miller and James Turner requesting a change in zoning from Agricultural, residential to Industrial Light. She stated this is a quasi-judicial public hearing and notice was published in the St. Lucie News tribune on September 22nd, a sign was posted on the property and letters were mailed out to neighbors within 500 feet. One letter of support was submitted by the public. Staff presented an aerial image of the subject property and indicated to the north is cattle grazing and large lot single family homes and to the south is existing industrial development. The Comprehensive Planner also presented the future land use 121Page Regular Meeting Tuesday, October 4, 2016 6:00 PM map showing the subject property and the property to north, south and west as designated mixed use development. She continued that the future land use is governed by the Loop Road Mixed Use Activity Area, which is an adopted map within the Comprehensive Plan, which shows a medium intensity MXD designation with sub area policies located in the top right corner of the map. Staff stated that the MXD-medium intensity district will be development with Light Industrial warehouse land uses including flex space buildings. She clarified that this sub area policy restricts any rezoning to IL. Staff provided more maps of the subject property and the property to the north which is currently zoned Agricultural, Residential and property to the south and west it is zoned Industrial light and Industrial Heavy. As identified in the staff report, the proposed rezoning to IL meets the standards of review and is consistent with the St. Lucie County Comprehensive Plan. She continued that the proposed rezoning also complies with Policy 1.1.5.4 where water and wastewater sewer services are provided by FPUA. The change also furthers Objective 1.1.11 that calls for broadening the county's economic base while expanding industrial opportunities. Staff recommended approval of the petition for rezoning. The Board indicated they had no disclosures of contact for the hearing. Chairman Johnson opened the hearing to the public at this time. Joseph Miller, St Lucie County Resident - Mr. Miller addressed the Board along with his neighbor Jim Turner. Mr. Miller spoke about their request for the rezoning and the surrounding properties. He stated that he felt this is an appropriate time to seek rezoning and received encouragement from the planning department to allow for more light industrial development. Mr. Miller explained his plans to rezone his additional property, so the entire 120 acres will be light industrial. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 10. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Noble Oaks Estates Major Site Plan The County Planner presented this item for the Noble Oaks Estates major site plan. She stated that this item is the request of Al and Maria Pereira for a 15 lot single family home major site plan subdivision. The subject property consist of 9.59 acres and is located on the east side of 25th Street approximately 320 feet south of Midway Road. Staff continued, the subject property is within the residential, single family 2 dwelling units per acre zoning district. The applicant is proposing a density of 1.56 units per acre. The neighboring residential subdivisions are also zoned residential, single family 2 dwelling units per acre and 4 dwelling units per acre. She stated the average density of 131Page Regular Meeting Tuesday, October 4, 2016 6:00 PM the surrounding neighborhoods is 1.7 units per acre. The adjacent properties to the north fronting on Midway road are zoned commercial neighborhood, commercial office and agricultural residential one dwelling unit per acre. The County Planner indicated the future land use on the subject property is residential, suburban 2 dwelling units per acre and the future land use on the surrounding adjacent properties are residential suburban 2 dwelling units per acre and residential urban 5 dwelling units per acre to the west. The proposed project is compatible with the single family character of the surrounding area. The smallest lot within this community will be 15,000 square feet and the largest will be 43,576 square feet. The minimum lot width will be 100 feet. The traffic generated by this project will not cause any adverse impacts to the surrounding roadway and the entrance has been located to the southern boundary to accommodate for the future right -turn lane leading to Midway road. Potable water will be provided by Port St. Lucie Utilities Service and wastewater disposal will be accomplished by the use of individual septic systems approved by the Health Department. The stormwater management system will be permitted by the South Florida Water Management District and St Lucie County Water Quality Department. Staff has reviewed the major site plan and determined that the application is consistent with the Land Development Code and staff recommends approval. Commissioner Dzadovsky asked for clarification of water and waste system service. Staff answered that potable water would be provided by Port St. Lucie and there would be septic systems. Commissioner Dzadovsky indicated that it had been discussed with the applicants to avoid installing additional septic systems in the area. He explained the importance of addressing the negative effects of these tanks. He asked about sewer access to the site and the surrounding communities. Staff answered that the nearest sewer access is approximately 2000 feet to the south. She stated that the surrounding communities use septic tanks as well. Commissioner Dzadovsky emphasized the need to work with the cities to find opportunities to reduce the use of septic tanks. He asked about the applicant's proposal to utilize the more efficient septic tank systems or install dry line for future access to sewer. The County Planner stated that the site plan will not be utilizing the ATU's, they will be using the standard systems. Commissioner Hutchinson asked for clarification from the Health Department regarding the use of the ATU septic system. The Senior Environmental Planner answered that the Aerobic Treatment Units did include higher maintenance costs and additional initial costs to install. He also noted that the Health Department determined they did not reduce the nutrient load as much as initially thought. It does reduce the size of the drain field. Chairman Johnson asked for disclosures regarding this quasi-judicial item: Commissioner Lewis - She met with the applicant and their representative. Commissioner Dzadovsky - He met with the applicant and county staff. Chairman Johnson - He met with the applicant and county staff. 141Page Regular Meeting Tuesday, October 4, 2016 6:00 PM Commissioner Hutchinson - She met with the applicant and county staff. Commissioner Mowery - He met with the applicant and county staff. Greg Boggs, addressed the Board on behalf of the applicant. Mr. Boggs indicated that his applicant has worked very closely with staff and feels confident in the site plan, despite several setbacks over the years. He addressed the concerns regarding use of septic tanks. Based on discussions and research regarding the ATU's, the applicant has reconsidered and asked to proceed with standard septic tanks. Mr. Boggs indicated that the system would be inspected 5 years after completion and every 5 years thereafter. He expressed optimism that the City of Port St. Lucie will expand sewer service to the site. Commissioner Hutchinson asked if the applicant would include the 5 year inspection in the homeowner's documents. Mr. Boggs confirmed the inspection would be included in the homeowner's documents. He indicated the development would coordinate with the county to submit those inspections however needed. Commissioner Dzadovsky commended Mr. Boggs and the applicant for their coordination with the Environmental Resources Department to conserve the tree canopy on the site. He asked about the easement and accessibility. Mr. Boggs answered there is currently a 10 foot utility easement and a 30x30 box to accommodate the future lift station. Commissioner Dzadovsky expressed hesitancy to install the standard septic tanks without dry lines, stating that in the future they will need to be installed. Steven Cooper, the project engineer stated that he worked closely with Port St Lucie Utilities. He indicated that the dry lines were discussed, however the city stated that the future system would be a low pressure retrofit system. Mr. Cooper noted that this system would not require tearing up the roadway and yards of the homes. Commissioner Mowery noted that based on the time and effort contributed by staff and the applicant, he feels comfortable moving forward with the application. Commissioner Dzadovsky seconded the motion, with discussion. He asked if the development is in Port St. Lucie. Mr. Cooper stated that it is in Port St. Lucie Utilities service area. Commissioner Dzadovsky reiterated his view that the county needs to provide solutions to the water issues in the area. He stated that he does not support the site plan based on the use of septic tanks. Commissioner Mowery agreed with Commissioner Dzadovsky, but stated that this site plan is consistent with the current code and laws. He said that he did not feel the Board can deny the plan. Commissioner Lewis asked if the setback from the water meets code requirements. The County Planner stated that the site does exceed the 300 feet setback. Commissioner Lewis spoke about the cost of installing dry line in the surrounding communities. Commissioner Hutchinson asked if the motion included the 5 year inspections. Commissioner Mowery confirmed that based on staff discussions, his motion for approval will include the inspections in the homeowner's documents. Chairman Johnson thanked the applicant and staff for their work on the plan. 151Page Regular Meeting Tuesday, October 4, 2016 6:00 PM Commissioner Hutchinson agreed with Commissioner Dzadovsky's concerns and expressed optimism that new all options were explored for this plan. Commissioner Dzadovsky urged the Board to change the dynamic moving forward, with the projected growth of the county. Chairman Johnson asked for the roll to be called: Commissioner Hutchinson - Yes Commissioner Lewis - Yes Commissioner Dzadovsky - No Commissioner Mowery - Yes Chairman Johnson - Yes RESULT: ADOPTED [4 TO 1] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Kim Johnson, Tod Mowery, Paula A. Lewis, Frannie Hutchinson NAYS: Chris Dzadovsky B. COUNTY ATTORNEY 1. Amendment to General Rules and Procedures for BOCC Meeting The County Attorney presented this item for a proposed amendment to the Board's General Rules and Procedures for meetings. He stated that Commissioner Lewis requested that staff prepare some suggested language for Board discussion that would memorialize the Board's policy not to allow comments in support or opposition to candidates for public office at the Board's meetings. Staff indicated that this has always been the policy, despite not being in writing. He provided a copy of a draft amendment for the Board's consideration and clarification. 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 St. Lucie County Master Gardeners will be holding their Fall Family Fest & Plant Sale with a scavenger hunt, games, crafts and fun on Saturday, October 8, 2016 from Sam - 2pm at 8400 Picos Rd., Fort Pierce, FL. Please call (772) 462-1660 for more information. B. The Board of County Commissioners will hold an Informal Meeting on October 11, 2016 at 9 am in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Ave, Fort Pierce, FL. 161Page Regular Meeting Tuesday, October 4, 2016 6:00 PM C. "Listen to the Water" lecture & conversation series every Weds. until Oct. 26th. The series is designed to increase understanding & awareness of our water issues, & begin a conversation on how we can take action & be part of the effort to protect & restore our waterways. Lectures are from 6:30-7:30pm followed by an interactive discussion. For more details, visit www.stlucieco.org or call (772)785-5833. D. The Board of County Commissioners will hold a Regular Board meeting on October 18, 2016 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Non -Agenda Item - Commissioner Mowery Appointment to Citizens Budget Advisory Committee Commissioner Mowery asked the Board to ratify his appointment to the Citizens Budget Advisory Committee, Ruben Johnson. Commissioner Dzadovsky moved approval and Commissioner Lewis seconded the motion. The motion passed unanimously. 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. 171Page