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Home My WebLink AboutMinutes 02.04.2014S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting February 4, 2014 Convened: 6:01 PM Adjourned: 6:57 PM I. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Frannie Hutchinson Title District No. 4 Chair District No. 3 Vice -Chair District No. 1 District No. 2 atus Arrived Present 6:01 PM Paula A. Lewis Present 6:01 PM Chris Dzadovsky Present 6:01 PM Tod Mowery Present 6:01 PM Kim Johnson District No. 5 Present 6:01 PM Faye W. Outlaw County Administrator Present 6:01 PM Daniel S. McIntyre County Attorney Present 6:01 PM Katherine Barbieri Asst. County Attorney Present 6:01 PM Don West Public Works Director Present 6:01 PM Laurie Waldie Utility Director Present 6:01 PM Beth Ryder Community Services Director Present 6:01 PM Tara Raymore Director of Human Resources Present 6:01 PM Karen L. Smith Environmental Resources Department Director Present 6:01 PM Jonathan Putrow Recording Secretary Present 6:01 PM Kelly Phelan Recording Secretary Present 6:01 PM II. INVOCATION Invocation was given by County Administrator Outlaw. Generated 211012014 3:44 PM BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL Commissioner Hutchinson introduced the approval of the minutes and reading of the proclamations. Minutes were unanimously approved and proclamations 2014 - 10 and 2014 - 19 were read. Commissioner Hutchison asked the Community Relations Specialist from the Treasure Coast 2-1-1 division, Paige Woodward, to come forward and accept the proclamation. Miss Woodward thanked the commissioners and gave a few words about her efforts with 2-1-1. She noted other accomplishments such as the creation of a PSA and presented the PSA to the Board. Miss Woodward concluded with another thank you to the commissioners. Commissioner Hutchison thanked Miss Woodward for her efforts and spoke a few words about the appreciation for 2-1-1's effort in the community. Commissioner Hutchison then introduced the next proclamation. After the proclamation was read, Commissioner Hutchinson asked the vice president of the Engineering Society of the Treasure Coast, Dan Cerelic, to come forward and accept the proclamation. Dan thanked the Commissioners for the proclamation and spoke a few words about the Florida Engineering Society. He spoke about education for engineers and their contribution to St. Lucie County. He mentioned that engineers needed to be recognized for their accomplishments. Commissioner Hutchison introduced the addition of the County Medicaid billing item to the agenda. She then opened the floor to presentations. With no presentations seen, Commissioner Hutchison closed the floor to presentations and opened the floor to general public comment. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 1. Board of County Commissioners - BOCC Regular Meeting - Jan 21, 2014 9:00 AM 2. Resolution 2014-10 - Proclaiming February 11 - 17, 2014 as "2-1-1 Awareness Week" in St. Lucie County, Florida. 3. Resolution 20124-19 - Proclaiming February 16-22, 2014 as "National Engineers Week" in St. Lucie County, Florida. V. PRESENTATIONS There were no presentations scheduled. 2 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM VI. GENERAL PUBLIC COMMENT Commissioner Hutchinson identified the three minute time frame for public comment. First to speak was Richard Silvestri of 5708 Buchannan Drive Fort Pierce Florida. Mr. Silvestri spoke to the commissioners about a program with Mosquito Control and Coastal Management Services, the Oyster Reef Program, run by Jim Oppenborn. Mr. Silvestri recognized Commissioner Dzadovsky for being out at the Manatee Center and also recognized Patrick Campion who is running for County Commission. He expressed his gratitude for the creation of River Kids Group of St. Lucie County which was started by St. Lucie County residents. He mentioned that it was a good move and continued to speak about needing more children involved with programs such as the Oyster Reef Program. He mentioned it was win -win situation because children learn about the environment and the economy. He concluded by saying that children are the basis of our future. Commissioner Hutchinson thanked Mr. Silvestri about his comments and mentioned that the St. Lucie County School District has many field trips where children go out on boats to discover the treasures of the river. Next to speak was Ralph Jackson of 2318 St. Lucie Boulevard, Fort Pierce Florida. He mentioned that he was present because the Commissioners were the overseers of the County government. He was protesting an unlawful arrest made in his son's yard by Officer Thomas Johnson. He spoke about the nature of the arrest and claimed that it was unlawful. He continued to provide details of the situation and reiterated the fact that it was an unlawful arrest. He repeatedly expressed his discontent with the nature of the arrest and asked the Commissioners to address the situation. Commissioner Mowery spoke to Mr. Jackson about the proper channels to address this issue with. He referred Mr. Jackson to Sheriff Mascara. He also told Mr. Jackson that as the board he has no ability to provide comments to Sheriff Mascara who is a constitutionally elected official. Next to speak was Bonnie Howard of Lakewood Park. She gave a presentation (copies provided to Commissioners and enclosed with these minutes) about wind turbines in the Treasure Coast area and the use of renewable energies. She expressed her sentiment about non-renewable energies and their contribution of devastation to our environment. She mentioned that these energies pollute and undermine humanity's ability to survive. She also cited the dangers of nuclear reactors and their inefficiencies which provide toxic pollution to the areas they function in. She cited that FPL recognizes other sources of energy besides nuclear reactors. She mentioned that she wants to admire humanities great achievements and feel proud of what the County does. She strongly encouraged the County and FPL to continue efforts in utilizing other forms of energy. She again expressed her sentiment of the dangers of nuclear reactors. She concluded by saying she wants clean energy now. Next to speak was John Arena of Fort Pierce. He told the commissioners that in early November he was hit by a car when writing his bicycle. He mentioned that the police report cited the 3 1 P a g E BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM location of the accident 2 miles from where it actually took place. He spoke a little bit about wind turbines and that a company in Ireland wants to build a wind turbine farm in the Everglades where bird's transit between Canada, United States, and South America. He spoke about large corporations' dependency on consumer gas usage. He spoke about solar electricity and its benefits to the community. He continued by mentioning how clear the shipping channels used to be and how he was once able to see the bottom. He concluded by expressing his feelings about keeping the lagoon clean. Next to speak with Charles Grandy of Hutchison Island. He spoke about a bill that moved through the Florida legislator last year. He mentioned that even though the bad stuff was taken out it was still a bad bill and was passed. He cited TC Palm's interviews with a state assemblyman and that they didn't know how bad the bill actually was. He mentioned that this year we have House Bill 703 which was aimed at taking County and local government responsibilities away and giving them to the state. He continued by saying this bill would replace local elected officials. He said it was incumbent on the commissioners to know what is contained in House Bill 703 and should get in touch with the local delegation to have it stopped before the bill comes up in Tallahassee. He reiterated the fact that it's a really bad bill and is something that should not be passed. He feels that if the County Commissioners read House Bill 703 they will agree with him. Next to speak was Patrick Campion of 6030 Indrio Road. He first spoke about his opposition to House Bill 703 and agreed with Charles Grandy. Patrick wanted to echo what Mr. Silvestri spoke about earlier. He was glad to be a part of the effort and expressed his support for programs like the Oyster Reef Program. Patrick gave gratitude to all those who participated and mentioned he was proud of all the children involved. Commissioner Hutchison closed the floor to public comment. VI I. CONSENT AGENDA Commissioner Hutchinson opened the floor for the consent agenda vote. Before the vote was placed, Commissioner Dzadovsky asked for ratification of his appointment of Lizon Mauer to the Affordable Housing Advisory Committee. Also, Commissioner Johnson asked that the consent agenda include the ratification of committee appointments by placing Peter Tish on the Comprehensive Economic Development Strategy Committee with the alternate being Al Riddick. Additionally Commissioner Johnson for ratification of his appointment of William Smith to the Planning and Zoning Commission. Commissioner Hutchinson asked that the information of appointments be turned into administration. After the additions were complete, the consent agenda vote passed unanimously and the chair moved to the regular agenda items. 4 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson A. WARRANTS 1. Warrant List No. 16 2. Warrant List No. 17 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Permission to Amend Lease Agreement with James & Brenda Gibbons - 3904 N. Kings Highway, Fort Pierce, FL 2. Savannas Recreation Area Trail Memorandum of Agreement 3. Legal Aid Society of the Bar Association of St. Lucie County Agreement 4. Resolution 2014-11 - Supporting the candidacy of Leon County Commissioner Bryan Desloge for Second Vice -President of the National Association of Counties 5. Resolution 2014-12 - correcting Resolution 2013-129 giving Florida Department of Transportation the County's interest in a portion of Entrada Avenue 6. Resolution No. 2014-5 - Renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane in Jay Gardens Subdivision lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida 7. Resolution 2014-13 - Midway Road - South 25th Street East to U.S. Highway 1 - Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 for Florida Department of Transportation 8. Resolution 2014-14 - MIDFLORIDA Credit Union - Pedestrian Easement - Business Park Drive and U.S. Highway 1 D. COMMUNITY SERVICES DeMaio-Severe Repetitive Loss Agreement Amendment VIIIIIIIIIIIIIIII 41911139—A"D 5 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM There are no items scheduled. F. ENVIRONMENTAL RESOURCES Resolution 2014-20 - Heathcote Stormwater Park Budget Resolution G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Moran Foods, LLC - Save -A -Lot - Terminate Road Improvement Agreement and Release Surety 2. Resolution 2014-15 - Indian River Drive Speed Limit Reduction N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION 6 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Resolution 2014-16 - Approval of Safe Routes to School 5-E Award of Funding for FY 13/14 Q. UTILITIES There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance 2014-5 - Relating to the Deferred Compensation Program Committee County Attorney McIntyre explained the first item on the regular agenda, ordinance 2014 - 05. This ordinance was drafted to change the deferred compensation program from Pepco to TIA CRFF with other stipulations. After explanation was complete the commissioners unanimously passed ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Ordinance 2014-6 - Proposed Boundary Changes for Tradition Community Development District No. 1 County Attorney McIntyre explained the next item on the regular agenda, ordinance 2014 - 06. This ordinance was drafted to change boundaries for the Tradition Community Developed District. County Attorney McIntyre explained the details of the ordinance which would accomplish the boundary changes. Dan Haro spoke on behalf of Tradition Community Development and reaffirmed the explanation of County Attorney McIntyre. After public hearing was complete commissioners unanimously passed the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 3. Ordinance 2014-7 - Proposed Boundary Changes for Tradition Community Development District No. 3 County Attorney McIntyre explained the next item on the regular agenda, ordinance 2014 - 07 additional proposed boundary changes for Tradition 7 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Community Development District 3. After Dan Haro spoke on behalf of I radition Development District, the board unanimously passed the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 4. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 2917 N. A1A, Fort Pierce. Assistant County Attorney Katherine Barbieri spoke on behalf of the order pursuant to demolish an unsafe structure. With considering that the demolition for this unsafe structure has already commenced, the Assistant County Attorney requested a continuance. The board unanimously approved the continuance for March 4, 2014. RESULT: TABLED [UNANIMOUS] Next: 3/4/2014 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PLANNING & DEVELOPMENT SERVICES 1. Resolution 2014-17 - Jacobs Midway Commercial Rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) - Quasi Judicial Britton Wilson of the Planning and Zoning department presented a petition for resolution 2014 - 17 the Jacobs Midway commercial rezoning of CO to CN. Mike McCarty, of McCarty and Associates, spoke on behalf of Jacob Midway's rezoning petition. He explained that all the requirements of advertisement were met and gave a brief background. After presentation and public hearing were concluded, the Board unanimously passed the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Resolution 2014-18 - Hutton Growth One, LLC Rezoning from IL (Industrial Light) to CG (Commercial General) - Quasi Judicial Britton Wilson of the Planning and Zoning department presented a petition for resolution 2014 - 18; the Hutton Growth One LLC rezoning from IL to CG. 8 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Noreen Dryer with the law firm of Greensburg Meyer represented the applicant. She explained that all the requirements of advertising are met and gave a brief background of the situation. After presentation and public hearing were concluded, the Board unanimously passed a resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson IX. REGULAR AGENDA County Medicaid Billing - Proposed Final Settlement Offer by AHCA County Attorney McIntyre presented the proposed final settlement offer by AHCA. Mister McIntyre explained the background of the situation and recommended that the settlement be accepted. After explanation was complete the board unanimously approved settlement. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 11, 2014 at 9:00 a.m. in Conference Room #3. 2. The County will be closed on Monday, February 17, 2014 in observance of President's Day. XI. 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. 9 1 P a g e