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HomeMy WebLinkAboutMinutes 10.07.2014S■TkOL■NI 1 E COUNTY F L o R r D A AMENDED BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting October 7, 2014 Convened: 6:00 PM Adjourned: 9:39 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Frannie Hutchinson Title Status Arrived District No. 4 Chair Present 6:00 PM District No. 3 Vice -Chair Present 6:00 PM District No. 1 Present 6:00 PM District No. 2 Present 6:00 PM District No. 5 Present 6:00 PM Paula A. Lewis Chris Dzadovsky Tod Mowery Kim Johnson Bob Bentkofsky Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Marie Gouin Office of Management & Budget Director Present 6:00 PM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 6:00 PM Mark Satterlee Planning & Dev Director Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM Generated 112112015 2:28 PM Regular Meeting Tuesday, October 7, 2014 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE PRESENTATION: RENEGADES LEAGUE FOOD COLLECTION RECOGNITION This presentation was not on the agenda but added at meeting time therefore it was added when the minutes were composed. Bill Vega, president of the Renegades League Baseball Team along with Coach Krause came forward to accept the acknowledgement certificate for food collection efforts which were spurred by what the 8 year old team members saw Board Members collecting at the past meeting. Coach Krause spoke on the pride he had in his team, their parents and all they have accomplished through hard work and dedication. He invited the Board and community to attend their next meeting in two weeks at John Carroll School. IV. MINUTES AND PROCLAMATIONS APPROVAL 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 minutes for the meeting of Tuesday, September 16, 2014 2. Resolution 2014-150 - Proclaiming October 2014 as "National Domestic Violence Awareness Month" in St. Lucie County, Florida Commissioner Hutchinson presented Safespace Board of Directors Member, Alexis Goldberg with the proclamation and Ms. Goldberg provided statistics and information on the agency as well as volunteer opportunities. She detailed the information regarding the domestic violence shelter and its life saving services. She provided information regarding Safespaces' Stand Up Against Domestic Violence fundraiser called "Walk a Mile for Safespace" which will be held on October 11th at 8:30A.M. at Tradition Square. She invited all to come out and support the effort and wear their 5", red stiletto heels for the walk as the men do for the walk and as our 3 Commissioners were wearing at the dais. 3. Resolution 2014-151 - Proclaiming October 7, 2014 as "Million Father March: Men Take Your Child to School Day" in St. Lucie County, Florida Chief Garry Wilson accepted the proclamation on behalf of Sheriff Ken Mascara from Commissioner Hutchinson noting the Million Father March Day had taken place that day. He thanked the Board for the presentation and recognition and he appreciated how important it is 2 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM that we are showing our level of support for the fathers in this day and age and thanked the Board once again. 4. Resolution 2014-152 - Proclaiming October 5, 2014 through October 11, 2014 as "Fire Prevention Week" in St. Lucie County, Florida Assistant Fire Chief Carlos Duran accepted the proclamation on behalf of Fire Chief Ron Parrish and St. Lucie County Fire District from Commissioner Hutchinson thanking the Board for helping them get the word out to the community about fire prevention week. Assistant Chief Duran provided information on several programs currently going on in the community, including the installation of smoke detectors in the community. 5. Resolution 2014-153 - Proclaiming October 2014 as "National Disability Employment Awareness Month" in St. Lucie County, Florida Helping People Succeed Inc., Public Relations representative Adrienne Moore accepted the proclamation from Commissioner Hutchinson and provided background information on the program. She provided the highlights of their current program mentioning they have more programs focusing on autism as it has become a disability that has come to the forefront in the more recent years. She discussed businesses which support adults with disabilities and businesses who hire those with disabilities, mentioning the Clerk of Martin County Courts who has hired three of their participants. She stated she would like to talk with the St. Lucie County Clerk about hiring some of their participants also. She provided some examples of success stories and thanked the Board for declaring the month, National Disability Employment Awareness Month. Commissioner Dzadovsky shared the success story of his older brother who has a learning disability but has been a faithful worker for 30 years and never missed a day's work. He stated he is now 65 and will soon retire and has been a productive worker all of his years. He stated these are the type of people employers should want to hire. He asked Ms. Moore where people might contact them for further information. Ms. Moore provided the agency's website address www.hpsfl.org stating they can reach the Community Connections Department where they can connect with all the services for those with disabilities. 6. Resolution 2014-163 - Proclaiming October 2014 as "National Arts and Humanities Month" in St. Lucie County, Florida Artist -at -Large and Front Line for Kids teacher, Debra Magrann accepted the proclamation from Commissioner Hutchinson. She provided background information on her qualifications and past positions she's held within the Arts and Humanities field stating how grateful she was for the resolution. 3 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM She talked about how in 1985 the National Endowments for the Arts and American for the Arts, developed a program called National Arts Week. In 1993, the program took a huge step forward into a month -long celebration, which is now national arts and humanities month. She provided further background information on the cultural enrichment arts and humanities have in the population and their contribution to society. She stated students score higher on SAT tests when they have arts education in school. She invited the public to two events occurring this week, one on Wednesday night titled Art Walk at Art Mundo in downtown Fort Pierce from 5:00 PM - 8:OOPM in the evening and a second event Friday, 10/10 at 10:00 AM the Backus Museum there will be an exhibit celebrating their 55th season. V. PRESENTATIONS 1. County Reef Program - Volunteer Recognition The Mosquito Control & Coastal Management Director and Coastal Resources Supervisor provided a presentation on the County's Artificial Reef Program. She talked about the volunteers efforts to create the eight oyster reefs in the area, which make up about 10,000 ft.z. The volunteers have also created the Oyster Reef Builders Fund, SHIP Fund (Sea Life Habitat and Restoration Fund) and have constructed and maintained the oyster banking facilities at the county's Harbor Point Park. She noted hours donated have been utilized as matching funds to secure grant funding. She recognized Lewis Garrett, who assisted staff in applying for South Florida Water Management District (SFWMD) grant in the Coastal Resources Supervisor's absence which they were awarded in the amount of $13,400. Those funds will go back into the program and will be utilized to expand the River Walk Reef. She then introduced the Coastal Resources Supervisor. The Coastal Resources Supervisor thanked the Board for allowing him to take this opportunity to recognize the volunteers. He noted he has more than 200 volunteers in his email list. Not all of them are were in attendance, but he introduced many of the groups: First Florida Foundation, River Warriors, Fort Pierce Yacht Club, River Kidz, Lewis Garrett, Indian River State College - Tamayo Mentors Club, Science Club & Lunch Bunch, Teachers, IFAS, S.I.U., Mark McGee and volunteer divers. He spoke on the value of volunteers how they have helped cut the costs of the program by their efforts. Commissioner Dzadovsky asked from a volunteer standpoint, what would the dollar value be and staff responded it would be in excess of $60,000 over the years. Staff discussed the SHIP program and Commissioner Dzadovsky asked if someone wanted to volunteer or contribute to the program how would they get in touch with you and staff stated they would contact "Sea Life Habitat Improvement Project, Ship Inc." at 21 Regular Meeting Tuesday, October 7, 2014 6:00 PM http://www.sinkourship.org/ and noted they have an Annual Oyster Festival to raise funds for the organization also. 2. Taylor Creek Dredging The Public Works Director provided a presentation on the current status of the Taylor Creek Dredging project. He noted it was a multi -phase, environmental project spanning many years to remove the muck sediment from Taylor Creek. The presentation provided the history and a timeline with photos as well as a map with the pipeline route to the spoil site where the muck is being pumped. He noted some of the muck from the spoil site will be utilized to create a landscape berm around the FEMA plot which is located on Indiro Road, helping to beautify and disguise the plot while making good use of the material at the same time. Staff showed a fly -over of the dredging machine in Taylor after they reviewed the full timeline breakdown which noted they are now moving into the Final Phase which they hope to complete in December. 3. Resolution 2014-162 - Supporting the application to name the St. Lucie County State Veterans Nursing Home after Fort Pierce Medal of Honor Recipient, Sergeant Ardie R. Copas The Veterans Services Manager provided background information and requirements for the application and discussed the qualifications of the applicant they are supporting. Staff recommended the Board of County Commissioners adopt the proposed resolution as drafted by the County Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson VI. GENERAL PUBLIC COMMENT Commissioner Hutchinson opened for Public Comment. Dr. Michael Hoffstee, 5417 Stately Oaks Street, Fort Pierce - Thanked the Board for helping secure the Veterans Nursing Home facility for St. Lucie County stating he is excited for the men and women of St. Lucie County who will benefit from its services. He stated he was here in an official capacity as the St. Lucie County Republican State Committeeman representing 56,131 registered Republicans in St. Lucie County there representing the Republican Party. He was there to comment on Agenda Item VIIC1. Permission to Advertise - Medical Marijuana Dispensaries." He commented that the polling is all over the place on the issue, noting it's not a slam dunk and there is plenty of polling suggesting it's not going to pass. He stated they don't have a crystal ball and St. Lucie County Republican Party opposes passing this type of ordinance to advertise it prior to Election Day. If the constitutional amendment does pass, there will be plenty of time to regulate locations where marijuana users, 5 1 P a g E Regular Meeting Tuesday, October 7, 2014 6:00 PM including middle-schoolers who can get marijuana in brownies, without a doctors' prescription and without parental consent, and who will be able to have that dispensed to them. He stated that although he appreciated the fact that the Board was trying to think ahead he asked that they delay any decision out of respect for the Democratic process. Bob Golding, 11001 SW Dunhill Court, Port St. Lucie - He was there to comment on Agenda Item VIIC1. Permission to Advertise - Medical Marijuana Dispensaries." He stated he appreciated the Board pulling the item from the Consent Agenda for discussion as that was going to be part of his request. He noted his concern about "pre-empting" the citizen's votes on November 4th regarding the vote and asked the Board to table the item until after the elections. He stated if a constitutional amendment is passed it won't go into effect until January 6, 2015 giving ample time to pass whatever ordinances to take care of medical marijuana dispensaries. He noted if the holidays interfere and time becomes an issue, the Board has the ability to issue a moratorium for 30 days/60 days for such dispensaries so it can be handled in an orderly fashion without pre- empting the voters and getting ahead of the polls on November 4th. Laura Diederick, Beech Court, Fort Pierce and Cristin Ryan, Sebastian - They explained the two of them lead the education efforts of the Smithsonian Marine Station in Fort Pierce and are also the co-founders and co- chairs of the steering committee for the Indian River Lagoon Science Festival. They came on behalf of the Science Festival Steering Committee to express their gratitude and thanks the support shown to them by St. Lucie County, specifically Commissioner Dzadovsky who not only served on the steering committee but served as leadership and helped to mold the vision that brought forth the Science Festival and made it such a successful event. Erick Gill the Public Information Officer, was also instrumental in helping to promote the event. More than 60 exhibitors were in attendance with an estimated crown of around 4,000, drawing participants from as far north as Sebastian and as far south as Hobe Sound showcasing St. Lucie County's outstanding venues; St. Lucie County Aquarium, Regional History Center and Museum Point Park. Ms. Ryan thanked Parks and Recreation Director and staff members for their assistance during the event along with the volunteers at the Regional History Center for their support as well. They noted the idea behind the festival was to celebrate the science community along the Treasure Coast and Indian River Lagoon community. Contact information can be found at www.irlsciencefest.org if anyone would like to express their interest, volunteer, be a vendor or an exhibitor or donate. Commissioner Dzadovsky mentioned the Fort Pierce Explorers and the Police Department who did a tremendous job directing traffic and managing the flow during the festival and Ms. Diederick stated they did a wonderful job and they were very grateful for all their assistance. John Arena, Fort Pierce - Spoke on Taylor Creek stating the previous consultant was supposed to have taken core samples and should have known there isn't much muck in Taylor Creek. He said the boat with the large water pump being used as a dredge in Taylor Creek is discharging more than 95% water into the containment area. Commenting that the hydrogen sulfide in the mud is dissolving into the water which is percolating into the ground to be spread around perhaps for miles, eventually to be lifted again to the surface by wells. He said a pneumatic dredge would do the work properly and apparently municipalities and others down here have not heard of hydro -vacs; they have been in use up north since he was a kid. In this region grass clippings along with dust particles of everything you can think of are thrown out onto the street, recent regulations have prohibited this. To clean it up gasoline driven blowers move some of it back onto the grass and the rest of it goes airborne for residents to breathe. A hydro -vacuum blows the debris into a tank of water to settle to the bottom, Algen makes a large street model, I'm sure smaller ones could be found. Some people have to be dragged into the 20th Century. Last Friday on his way into town while crossing the lagoon he noticed a ship in the harbor apparently not moving, then he notice a huge amount of black material on the south side of the 6 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM bridge being carried by the currents. On his return it became clear to him the ship was a dredge and it was stirring the muck up instead of taking it onboard. George Baker - Commented he was very impressed with the Indian River Lagoon Science Festival stating it was very well laid out, very well organized, you could talk to people and get a lot of information. He encouraged the public to visit the next festival and "try to get yourself educated as to what's really going on in this county." He said he doesn't get impressed by too much at his age but he was very impressed by the event. He really liked it. He also agreed with the statement that the parking was well run and stated that it really looked good for the county to be that well organized. Commissioner Hutchinson made an announcement that there will be a "Community -wide Thank You" event from the Board to the community for all the help they have done to help land the Veterans Nursing Home placement in St. Lucie County. The event will take place on Monday, October 13, 2014 from 10:00 AM - 11:30 AM at Tradition Hall. The event is free and open to the public, it's the Board's way of saying thank you to the public for their help. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson A. WARRANTS Warrant List Numbers 49, 50 & 51 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 71 Regular Meeting Tuesday, October 7, 2014 6:00 PM 1. Item "2383 - Permission to Advertise - Medical Marijuana Dispensaries" was Pulled from the Consent Agenda for Discussion Under Public Hearings 2. Resolution 2014-154 - Allowing the Salvation Army the use of space at 435 N. Seventh Street, Fort Pierce for the operation of an Angel Tree Program 3. 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 the unsafe structure at 5138 Margaret Ann Lane, Fort Pierce, FL 4. Permission to Advertise - Amending "Home Occupations" of the Land Development Code 5. Revocable License Agreement - Drawdy Brothers Investments, LLLP Gate across North Rock Road at their property 6. Resolution 2014-155 - Donation of County Right -of -Way on Kings Highway a/k/a Turnpike Feeder Road to Florida Department of Transportation 7. After the Fact Revocable License Agreement - 1053 South 37th Street (Angel Mendez and Luisa Ponce - Concrete Fence and Palm Trees in County right-of-way) 8. After the Fact Revocable License Agreement - 2601 Grey Twig Lane (Gloria H. Lyshon - Fence in Drainage and Utility Easement) D. COMMUNITY SERVICES 1. Resolution 2014-156 - Federal Transit Administration (FTA) 5307 FFY13 The approved CIP form attached to agenda item number VII. D1. RES-2014-156 was assigned number "CIP15-028" post approval by Management and Budget. 2. Resolution 2014-157 - Supportive Services for Veteran Families (SSVF) Grant FY15 3. Resolution 2014-158 - Amendment to the State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES .13 Regular Meeting Tuesday, October 7, 2014 6:00 PM There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Tax Collector Advance Request 2. Supervisor of Elections Advance Request and Budget Amendment 3. Dori Slosberg Mini -Grant Awards J. PARKS, RECREATION, & FACILITIES 1. 2014 / 2015 Grant Agreements for the Treasure Coast Sports Commission 2. Award of Bid No. 14-047 - Purchase and Installation of Three (3) 16' Arena Fans at the St. Lucie County Fairgrounds Equestrian Arena 3. Waiver of Fenn Center Rental Fee for the "Queens Among Us" Community Event 4. Tradition Field - Main Field Renovation (Drainage Improvement, Artificial Turf Replacement, and Bid Process Waiver) K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Contract Cancellation - Terra Maintenance, Co. N. SHERIFF'S OFFICE Resolution 2014-159 - Authorization to accept the 2014 State Criminal Alien Assistance Program (SCAAP) Grant O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS 9 1 P a g e Regular Meeting Tuesday, October 7, 2014 6:00 PM There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. VIII. PUBLIC HEARINGS "Pulled From Consent Agenda for Discussion/Vote" VIIC1. - 2383: Permission to Advertise - Medical Marijuana Dispensaries This item was pulled from the Consent Agenda and discussed prior to the Public Hearings. Assistant County Attorney provided background information on the Action Item noting tonight's vote is solely for permission to advertise and if granted would follow with 3 public hearings; 1 with Planning and Zoning Commission and 2 with the Board of County Commissioners where the public will be invited to attend and participate. County Attorney added there are a number of communities proposing the same action and he reiterated from staff's perspective they are not in a position to advocate in favor or against. He stated there is a committee that is composed of the League of Cities and the Florida Association Counties that is recommending to its members entities that they get out in front of it to try to adopt it prior to January if possible to avoid any conflicts. What is being proposed would actually regulate and restrict what can be done in terms of the dispensaries? Commissioner Mowery noted he is sitting on a statewide committee that has been looking at the issue and both Florida Association and the Florida League of Cities are actively pushing for the item, mostly due to some of the types of lawsuits the community has faced because they didn't take any type of verbal action publicly prior to the law going into effect. As a result, as they tried to establish ordinances, restricting and regulating it after the fact they ran into a lot of issues. He stated the Board learned their lesson, as communities they need to be more proactive so we are sitting in a position to protect our residents before rather than after the fact. So if we take the position that we are protecting rather than trying to we are better able to protect the health, safety and welfare of our constituents. He stated they want to make sure they are doing the right thing for the community in the middle of more challenging and difficult issues. 10 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM Commissioner Dzadovsky agreed and reiterated how important it is to get ahead of things as a "process" noting they can always withdraw it if necessary but stated he feels it's better with the holidays and time constraints facing the Board. Commissioner Johnson stated he wanted the public to think of the situation as being more preparation on the situation than anything else, there won't be a vote tonight stating they are for it or against it. We're just trying to get ahead of it and put measures in place that are going to protect and benefit the best interests of the citizens as the situation progresses. He stated they understand the public's side, commitment, values and beliefs but at the same time if the Board doesn't put measures in place when the time window slowly closes in on them to deal with the issue they have to take action but they have the citizen's best interest at heart relative to the situation. Commissioner Lewis stated from a staff's perspective this is what is considered due diligence at this point and time looking into the Board's options and seeing what kind of spacing and what kind of boundaries they have. It has been indicated it will require 3 more hearings so there needs to be sufficient time for all these actions. She noted given the fact the Legislature has taken action already she feels the Board should take some sort of action now. The November election will determine how far they have to go with their boundaries but at this point in time they do need to take some action. Commissioner Mowery added Orlando is doing a county -wide ordinance for the entire Orange County and the League of Cities mentioned they will have had close to 2/3's of all the cities in the state take some type of discussion action prior to the election. Something should be in place by the January date but it would be better by November. Commissioner Dzadovsky stated another point is they have not had the opportunity to speak with any of the other municipalities regarding the issue and developing a comprehensive approach to it could be something they could do perhaps addressing it from the "pill mill standpoint". Commissioner Mowery brought up several options other counties are utilizing and agreed with the comprehensive approach. Commissioner Hutchinson also agreed with fellow Board Members noting this is only permission to advertise and as all were in agreement that action needed to be taken she asked Assistant County Attorney when it would be heard before the Planning and Zoning Board in November. Staff requested permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. Regular Meeting Tuesday, October 7, 2014 6:00 PM RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson A. PLANNING & DEVELOPMENT SERVICES Resolution 2014-160 - G. Alan's Fine Jewelry and Coin Rezoning from CO (Commercial Office) to CN (Commercial Neighborhood). Senior Planner provided background information and a presentation on the rezoning request/proposal going from CO (Commercial Office) to CN (Commercial Neighborhood) to the Board she noted current parking would not be affected if CN is granted. Commissioner Hutchinson, noting the vote could be construed as a "quasi-judicial" and she has spoken to the applicant. All other Commissioners stated they had nothing to disclose. When the floor was opened for public comment Arlene Goodman of 4901 Oleander, Fort Pierce took the podium asking what the hours of operation would be and if the owner now or in the future intended to open the store as a pawn shop. The owner, Greg Childress, was asked to respond to public questions and he did so as follows: In response to the first question - the hours of operation will be Monday - Saturday, 9:00 A.M. - 6:00 P.M.; to the second question he stated he had in the past owned a successful pawn shop and did possess a pawn brokers license and intended to continue to keep that license valid. He then stated he had made the decision to move away from the pawn shop business and into the jewelry business only and the shop would never become a pawn shop. After the owner's statement that he would never run the store as a pawn shop, Commissioner Dzadovsky asked staff if it wouldn't be more realistic in commercial office (CO) zoning that a pawn shop would be more acceptable than a commercial neighborhood (CN) zoning. Staff stated a pawn shop would not be permitted in CO zoning, it would only be permitted under 6000 sq. ft. within the CN zoning. Staff recommended Board approval of the G. Allan's Fine Jewelry and Coin rezoning from CO (Commercial Office) to CN (Commercial Neighborhood). 12 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PUBLIC WORKS Resolution 2014-161 - Midway St. Lucie, LLC/Selvitz Crossing - Public Hearing for Paving Waiver and Fair Share Contribution Agreement Public Works Surveyor provided background information and a presentation on the proposed Waiver and Fair Share Contribution Agreement and introduced the Developer's representative from Culpepper and Terpening, Dennis Murphy. Mr. Murphy provided an overview of the project and the proposed lot sizes noting there will be 10 residential lots fronting onto Christensen Rd., stating the lot sizes are consistent with those on the existing lots of the corridor. After discussion with the Board regarding concerns over damages to the road by construction, who would bear the cost if said damages occurred and the determination that existing residents do not want a paved road but wish for it to remain in its current state; Commission Johnson stated he would consider waiving the Fair Share Contribution Agreement if the Developer would agree to post a $70,000 bond to be held for a period of time to cover any damages that might occur to the road during construction. Staff stated such a bond would be held for 10 years per Code and Mr. Murphy, after consultation with the Developer, stated the Developer agreed to those terms and would post a $70,000 bond for the 10 year period in exchange for waiving the full amount of the Fair Share Contribution Agreement. Commissioner Hutchinson opened the meeting for Public Comment. Jane Rowley, 4380 Christensen Road - Stated she was originally against granting the waiver but after hearing the discussion regarding the bond she was now a little more in favor of it. She then expressed that she feels the road should remain as it is and not paved. She said the new construction would increase the traffic to roughly 125 trips per day which will definitely take a toll on the road. She then asked about Parcel C going across the west side of the project and wanted to know if someone builds on that property would it be opened up onto Christenson Road and who would pay for the culvert that would need to be built to reach the road. Staff answered stating the property is owned by the City of Fort Pierce so he couldn't speak for them but it was his understanding that anyone who purchased the property would create a culvert at an expense of $350,000 and the property would not be fronting Christensen Road. 13 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM Gabriele Klaesen, 4286 Christensen Road - Stated she was concerned the Developer would split the lots into smaller lots to create more than 10 residential properties and creating more traffic for the neighborhood as well. She mentioned her concern that the Developer stated in his proposal that he wants to "mirror our way of living" and she wants to confirm that is true. Mr. Murphy confirmed the development is consistent with the current neighborhood and the only way that he would be able to change the size of the proposed 10 lots is if he came before the Board again in this same process and received approval. Ms. Klaesen stated she would never give up the rights to her property for Right of Way purposes, she doesn't want the road to be connected to Selvitz Road and she wanted to know if the county would install noise barriers the noise increases from more traffic. Jane Rowley asked what would happen if the Developer decided to come back and build more houses and staff reiterated if there were any changes to the original plan/agreement, new plans would have to be filed and it would have to be brought before the Board just as its being done now. Roland, 21 Villa DeNolte, Port St. Lucie - Stated he felt the Board was making the wrong decision by choosing to waive the Fair Share Contribution Agreement, saying the tax payers would be "taking it in the shorts" by allowing the Developer, who was willing to pay the fees, off with just posting a bond and paying nothing. Eventually the road will end up having to be repaired due to the extra usage and the taxpayers will be stuck with the cost of repairing it, he stated he did not feel this was the best decision. Commissioner Hutchinson closed the Public Hearing at this time. Mr. Murphy summarized the Developer's main points, the options offered and his wishes to have the Fair Share Contribution Agreement waived. Commissioner Dzadovsky asked staff if there were still issues with the size of the Right of Way and if they could ask the Developer to donate additional 5 feet to the existing 5 feet Right of Way from the western side of Christensen Road in order to make up the amount they lack to have a standard roadway. Staff stated it could certainly be part of the negotiations if they chose to make it so. After conferring with the Developer, Mr. Murphy stated this would be a term the Developer would be agreeable to. Commissioner Dzadovsky proposed the Board request $70,000 up front cash from the Developer instead of in bond form to off -set any damages which may have been incurred during construction, he was in agreement with the other conditions proposed 14 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM but because he did not agree with the bond stipulation he voted against approval of the waiver. After further discussion among the majority of the Commissioners it was felt the Developer should not be made to bear the cost of paving the entire road when the existing residents had already stated the road was showing wear and tear so they were not in agreement that he should be made to pay funds up front and a $70,000 bond would suffice. County Attorney summarized the discussion which resulted in the revised motion listed below. Board approved staffs approval recommendation of the Paving Waiver and authorization for the Chair to sign documents as approved by the County Attorney with the following stipulations: County agrees to waive all fees associated with the Fair Share Contribution Agreement, County approves the Paving Waiver; Developer shall provide a $70,000 Maintenance Security Bond to be held for 10 years as security against damages to the road during construction; Developer agrees to donate and additional 5 feet along the West Right of Way of Christensen Road making it a combined total of 10 feet the developer agrees to donate. RESULT: APPROVED [4 TO 1] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Kim Johnson NAYS: Chris Dzadovsky C. COUNTY ATTORNEY 1. Code Enforcement Case No. 81182 - 3625 Pleasant Acres, Fort Pierce, FL - Unsightly and unsanitary conditions causing serious threat to public safety Assistant County Attorney provided a presentation on Case No. 81182 - 3625 SE Pleasant Acres property noting staff had spoken with the owner who had stated they would have the means to pay for the required repairs by the end of the month. Staff originally recommended the Board authorize them to abate the violations removing the culvert and place a lien on the Property for the cost but after conversation with owner, staff requests a modification to the recommendation as follows: the same recommendation will stand but will not be enforced until after the 30th of November if the owner does not comply with Code Enforcement requirements. 151Page Regular Meeting Tuesday, October 7, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 2. Ordinance 2014-22 - Amending Section 40-175(1) of the St. Lucie County Sustainability District Ordinance to be Consistent with State Law County Attorney provided background information on Ordinance No. 10-025 which was passed in 2010 establishing the St. Lucie County Sustainability District and created parameters by which the District may administer an energy efficiency and sustainability financing program through voluntary special assessments. More recently the Board approved the initiation of a "Commercial PACE" program to be administered by the Solar and Energy Loan Fund (SELF). In the process of implementing the commercial PACE program, SELF identified a potential obstacle to the program in the provisions of the County's ordinance. The requirement is more restrictive than the requirements of Section 163.08, Florida Statutes, which is the state law governing this type of energy efficiency financing program. SELF has suggested that the County's ordinance should be consistent with state law. County staff concurs. Staff recommended the Board adopt and authorize the Chair to sign the Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson IX. REGULAR AGENDA A. COUNTY ATTORNEY McCarty Ranch Annexation - Settlement Agreement County Attorney provided a presentation summarizing the McCarty Ranch Annexation Settlement Agreement noting they have come to a tentative settlement agreement with the City of Port St. Lucie although it requires both Board and City approval before it becomes final. Discussion followed with Commissioner Dzadovsky asking if the county could make the settlement contingent upon Port St. Lucie closing on the sale of nearby properties. The County Attorney stated this would be perceived as a counter offer and although there were City representatives present they would not be able to make those decisions; any changes would have to go back to the City for reconsideration. 16 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM Commissioner Dzadovsky stated he is interested in moving forward but would like to have the part about the sale included in the settlement. It was moved by Commissioner Mowery; seconded by Commissioner Lewis to accept the McCarty Ranch Settlement Agreement. Commissioner Dzadovsky wished to place his comments/concerns on the record regarding not having the approval of the agreement contingent upon the sale of the properties and stated he would not support the vote. Commissioner Hutchinson stated under normal circumstances she may be hesitant as well but she feels there has been a move in the right direction and a show of good faith on both sides so she feels comfortable moving forward with the motion. After further discussion, Commissioner Dzadovsky changed his mind agreeing with the good faith comments and has decided to vote yes to the settlement agreement. Commissioners Lewis and Johnson both agreed the County needed to move forward with approving the settlement agreement as an act of good faith. The County Attorney recommended the Board approve the Settlement Agreement and authorize the Chair to sign the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PUBLIC WORKS Midway Road Widening (Selvitz Road to S. 25th Street) Bid Award County Engineer provided background information and a presentation on the multi- phase Midway Road widening project outlining each phase and it's duration for the Boards review. He noted FDOT's road project will start immediately after the completion of the Midway Road Project in 2016. Costs and time lines were reviewed. Commissioner Mowery discussed the fees listed noting his concern over the higher than normal fees being projected in some costs but feels there may not be enough projected in the construction budget. Staff answered stating he will take full responsibility for the level of the fees and has ensured there will be sufficient funds to cover costs. He noted if they do not need the funds it will not be spent and staff will have full discretion over how the funds are spent. Commissioner Hutchinson stated the project has been a longtime coming, it's very detailed and it's taken a lot of hard work from many people to get to this place but she has a great deal of faith that they will keep costs in line. 17 1 Regular Meeting Tuesday, October 7, 2014 6:00 PM Staff recommended Board approval to award Bid No. 14-023 to the lowest responsive and responsible bidder, Dickerson Florida, Inc., in the amount of $15,797,303.38 for Midway Road Widening (Selvitz Road to 25th Street), Work Authorization No. 81 with Dunkelberger Engineering and Testing for Geotechnical services in the amount of $556,000 and Work Authorization No. 12 with Culpepper & Terpening for Construction Management services in the amount of $2,179,818.20. Authorization for the Chair to sign documents as approved by the County Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson X. ANNOUNCEMENTS Commissioner Johnson announced the Friends of the Library will hold their 34th Annual Dinner Meeting on November 8, 2014 at the Pelican Yacht Club. Information on the event can be received by calling Susan Jacobs at 772.462.2196. Commissioner Mowery announced Tax Collector Ken Pruitt had received accolades by winning the International Association of Assessing Officers (IAAO), he stated it was like getting the Pulitzer Prize. 1. The Master Gardeners will hold their 31st annual plant sale on Saturday, October 11, 2014 from Sam to 2pm at the St. Lucie County Extension- 8400 Picos Road, Fort Pierce. 2. The Board of County Commissioners will hold an Informal Meeting on October 14, 2014 at 9 am in Conference Room #3. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. im Regular Meeting Tuesday, October 7, 2014 6:00 PM Frailnle Hutchinson, District No. 4 hair 10/7/2 4 Joseph E. Smith Clerk of Circuit Court 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. 19 1 P a g