HomeMy WebLinkAboutMinutes 11.18.2014S■TkaL■(di 1 E
COUNTY
F L o R r D A
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
Regular Meeting
November 18, 2014 Convened: 6:00 PM
Adjourned: 10:55 PM
I. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis
Attendee Name I
Title Status Arrived
District No. 3, Chair Present 6:00 PM
District No. 5, Vice -Chair Present 6:00 PM
District No. 1 Present 6:00 PM
District No. 4 Present 6:00 PM
Paula A. Lewis
Kim Johnson
Chris Dzadovsky
Frannie Hutchinson
Tod Mowery
District No. 2
Present
6:00 PM
Daniel S. McIntyre
County Attorney
Present
6:00 PM
Howard Tipton
Administrator
Present
6:00 PM
Bob Bentkofsky
Deputy Administrator
Present
6:00 PM
Heather Young
Asst. County Attorney
Present
6:00 PM
Katherine Barbieri
Asst. County Attorney
Present
6:00 PM
Edward Matthews
Parks, Recreation & Facilities Director
Present
6:00 PM
Don West
Public Works Director
Present
6:00 PM
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
Ron Roberts
Solid Waste Director
Present
6:00 PM
Kelly Phelan
Executive Assistant to the County Administrator
Present
6:00 PM
Sue Korunow
Clerk to the Board
Present
6:00 PM
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF THE MINUTES
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
1. Board of County Commissioners minutes for the meeting of Thursday, September 04, 2014
2. Board of County Commissioners minutes for the meeting of Thursday, September 18, 2014
3. Board of County Commissioners minutes for the meeting of Tuesday, October 21, 2014
V. PUBLIC COMMENT (excluding Public Hearing items)
Gwen Mars, St. Lucie County - She came before the Board regarding a vote taken in 1996. She provided a
handout with a copy of the following information and directed the Board to March 12, 1996, #1 Referendum
regarding the "Future Development Port of Fort Pierce" - a ballot item which had to do with "visioning" the
development of the Port and then she quoted the percentages on the handout. The next item listed under
November 1996, County Referendum "Harbour Pointe" talks about recreation and tourism and she stated as a
voter a person would think the two items were related and she had heard it said most people wanted
recreation and tourism but she stated that is not to be fact. The "Port Subelement" section of the handout is
part of the 2001-2002 Port Master Plan where there was a review of the possibility of a mega yacht facility at
the Port and this was a revised vision. She stated this was revised by referendum and charette process which
she states is one of the most exclusionary processes available to determine important issues in the county. In
1989 the emphasis was on cargo in the Port, with the referendum, they added recreation and tourism to the
Plan. With the public workshops, charettes and advisory committees making these important decisions she
does not feel it's justice when it comes to such an important issue. She's hoping the new Team T & T (Tipton &
Tesh) will be able to take the County forward because she's hoping they are an explosive dynamic team and
they are counting on you. She then stated the ad valorum tax has been on her taxes for 17 years and they've
been paying for the Port, the Harbour Pointe and it's time we do something about it.
Steve Weaver, Fort Pierce, FL - Was here in support of the proposed property trade on South Hutchinson
Island to facilitate a new public access to the beach. He's here as a county resident, city resident, a property
owner in the area as well as on behalf of the private property owner. He noted some discussions had occurred
earlier today regarding the City's timeline and following through on improving the property, if the trade is
approved, were answered with optimism by Assistant City Manager, Nick Mimms. It has also been discussed
that improving beach access is important for quality of life for county residents as well as to support tourism.
Very similar to parks and conservation lands, beachfront lands in public ownership should never be
diminished. The proposed trade would keep public lands in public hands and set the stage for a demonstrable
increase in beach access. The City of Fort Pierce has forwarded their letter of support and spoken with
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
optimism again today regarding improving the property in the near term if the trade is supported. If there are
any concerns about the City's timeline to improve the property, the County could incorporate a four or five
year reverter clause into the transfer. If somehow the City failed to find the relatively small amount of funds
needed to improve the property, the County could exercise the reverter clause after having given the city
ample opportunity to expand the beach access. This approach is both public minded for beach access and
fiscally responsible. Keep public lands in public hands. We hope you will support the trade. If a fiscally
responsible reverter clause is included.
Joe Zaire, 408 S. Ocean Drive, Unit 6, Fort Pierce - provided a handout with pictures of an overgrown lot next
to his home which has encroached on his property and is infested with snakes, rats, roaches and ants. He was
asking for the Boards assistance with cleaning up the property as soon as possible as it is affecting his life. He
stated the insects have invaded his home, required him to purchase a new air conditioning system and have
created an unsafe environment. He stated he has lived on the property since 1984 and this is the worst it's
ever been and would like someone to find out who the owner is and do something to get it cleaned up as soon
as possible.
VI. PROCLAMATIONS APPROVAL
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
1. Resolution 2014-192 - Proclaiming the month of November 2014 as "National Runaway
Prevention Month" in St. Lucie County, Florida.
Commissioner Lewis presented Children's Home Society of Florida, Adoptions Marketing
Specialist Frank Avilla with Resolution 2014-192 Proclaiming the Month of November 2014 as
"National Runaway Prevention Month." Mr. Avilla thanked the Board for the presentation and
talked of different methods The Society utilizes to assist with runaways and training programs
for businesses who display the diamond shaped, yellow and black, "Safe Place" signs so they
know what to do should a youth come to their place of business looking for assistance. He
stated they appreciate the support of the County and the community at large.
Commissioner Dzadovsky asked Mr. Avilla where someone might contact the agency should
they wish to sponsor or donate to the agency. Mr. Avilla provided the following contact
information: Children's Home Society's main office number 772.344.4020, www.chsfl.org or
Wavecrest Shelter at 772.460.9752.
2. Resolution 2014-193 - Proclaiming the month of November 2014 as "National Adoption
Awareness Month" in St. Lucie County, Florida.
Commissioner Lewis presented Children's Home Society of Florida, Adoptions Marketing
Specialist Frank Avilla with Resolution 2014-193 Proclaiming the Month of November 2014 as
"National Adoption Awareness Month." Mr. Avilla thanked the Board for the presentation and
provided background information on the adoption outreach process and announced that
Saturday, November 22, 2014, is National Adoption Day and The Children's Home Society is
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holding a celebration from 10:00 a.m. - 1:00 p.m. at Kiwanis Park in Stuart on Colorado Avenue
in downtown Stuart. He stated it is a community event where food, drink and entertainment
are provided free of charge. All are welcome. In the past they have had between 250 - 400
people in attendance but would love to go over the 500 mark one of these years.
Mr. Avilla noted if anyone was interested in adoption or wanted information regarding
adoption they can contact them at the website at www.chsfl.org or the Adoption Information
Line at 772.429.2001.
3. Resolution 2014-194 - Proclaiming the month of November 2014 as "Alzheimer's Disease
Awareness Month" in St. Lucie County, Florida.
Commissioner Lewis presented Alzheimer's Community Care Board Member Robert Gorman
with Resolution 2014-194 Proclaiming the Month of November 2014 as "Alzheimer's Disease
Awareness Month." Mr. Gorman thanked the Board for assisting with getting the word out
regarding the need for families and community at large for their support and services. He
announced the Florida Legislature had recognized the need of providing funds for help and
assistance to families dealing with the dreaded, progressive disorder. A second dementia
specific daycare center will soon be opening and operating in St. Lucie County at the St.
Andrews Lutheran Church in Port St. Lucie. He stated they are in the final processes of getting
permitting and all necessary renovations performed. They will be licensed to serve 40 and will
operate generally at up to 35 patients.
Alzheimer's Advocate Linda Ballows spoke behalf of the Alzheimer's Association Southeast
Florida Chapter stating they greatly appreciate the Board's support. She commented that
people should never walk this walk alone, noting there is a lot of information out there
available to the community. There is a 24/7 Dementia Specific Helpline contact number where
people can call and talk to clinicians at 800.272.3900.
4. Resolution 2014-195 - Proclaiming November 20, 2014 as the "Great American Smoke -Out Day"
in St. Lucie County, Florida.
Commissioner Lewis presented Florida Department of Health St. Lucie County, Tobacco
Prevention and Worksite Wellness Program Manager, Marcella Bianco and representatives
from Students Working Against Tobacco (SWAT) with Resolution 2014-195 Proclaiming
November 20, 2014 as "Great American Smoke -Out Day" in St. Lucie County. SWAT Member
Nicholas Suarez spoke to the Board regarding the impact smoking has on youth and adults alike
he provided statistics and challenged the audience to invite someone they know to quit on
November 20th for 24hours and then invited them to attend a tobacco free partnership event
sponsored by St. Lucie County on November 20th at 3:00 p.m. which will be hosted by St. Lucie
West Centennial High SWAT.
At this time they provided a brief presentation created by the SWAT organization and one of
the team members spoke on the profound impact it had on her personal family member as well
as several other acquaintances who are all in the process of quitting smoking because of the
presentations message. She stated she hopes to show the presentation in other students and
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
encourage them to make videos for their parents and friends that may have the same affect on
them to quit smoking as hers.
5. Resolution 2014-211 - Proclaiming November 16-22, 2014 as "National Hunger and
Homelessness Collaborative Awareness Week" in St. Lucie County, Florida.
Commissioner Lewis presented Homeless Family Center Executive Director MaryEllen Maguire
and National Hunger & Homelessness Collaborative Awareness Week Chairwoman Christina
Long with Resolution 2014-211 Proclaiming November 16-22, 2014 as "National Hunger and
Homelessness Collaborative Awareness Week" in St. Lucie County. Ms. Maguire thanked the
Board for the recognition, provided statistics on homeless persons in St. Lucie County and
noted what information on what the agency provides currently stating there is so much more
that is needed. She stated how much she appreciates the Board for bringing awareness to the
issue with the proclamation and helping getting the word out to the community. She invited
the audience to the Homeless Family Center on 4th Street in Vero Beach to see what they do
there, they have doctors providing care, representatives from IRSC are hosting business
entrepreneur classes and they have volunteers from the community who literally knock on the
door and make things happen.
VII. PRESENTATIONS
Certificates of Appreciation to various Board and Committee Appointments with over 15 years
of service.
Commissioner Lewis presented Darrell Drummond with a certificate of appreciation for serving
more than 25 years of service on various Boards and Committees in the County. Mr. Drummond
thanked the Board for the certificate and recognition.
Mr. Drummond was unable to attend the morning meeting when the previous awards were
presented.
Items Discussed/Pulled Prior to Approval of Consent Agenda
Prior to the approval of the Consent Agenda Commissioner Lewis noted there was one item
which had been added to the agenda. This item is one left over from the Reorganizational
Meeting which occurred at 9:00 a.m. today which will be dealt with under the XD - Regular
Agenda; Administration; Item D.
Commissioner Lewis then asked if there were any items the Board would like pulled for
discussion and/or separate vote from the Consent Agenda.
Commissioner Dzadovsky stated he had comments on the following two separate items;
"VIII.C.3." and "G"; he would also like to have Item "VIII.M.10." pulled for regular discussion.
Item VIII.C.3. is regarding Billboard funds received by the County which is currently going into
the Lands Appropriation fund. What he would like to do is take it back into an Informal
Meeting and discuss placing the money into the Greenways and Trails as a funding source.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
Because it goes into the Lands Appropriation funds he sees that it will be dwindled down with
items like those which are on tonight's agenda for funding.
Items G is regarding the Inmate HIV Medication costs. He's concerned about the cost of these
medications and feels it's imperative the County look at other options to fund the cost to
purchase these medications and perhaps look into treatments/research available. He
mentioned they could investigate the Ryan White Foundation Grants as a possible funding
source.
Commissioner Lewis confirmed that Item VIII.M.10 has been pulled from the Consent Agenda
and will be discussed under the Regular Agenda.
VIII. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
A. WARRANTS
Warrant Lists Numbers 54-58 and 2-6
B. ADMINISTRATION
2015 Legislative Priority Items
C. COUNTY ATTORNEY
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1. Resolution 2014-196 - Donation of Right -of -Way on Midway Road (306 E. Midway Road -
John and Brenda Jacobs) Parcel ID 3403-502-0050-050-7
2. Resolution 2014-198 - Temporary Subordination of County Utility Interests of Parcel
823.2 to Florida Department of Transportation Midway Road: South 25th Street East to
U.S. Highway 1
3. Resolution 2014-201 - Addendum A to CBS Outdoor Lease 385 for Billboard Electric on
Gordy Road
4. Contract for Sale and Purchase with Route 70 Property Holdings, LLC - Cypress Creek
Parcel
5. Resolution 2014-202 - Proposed Street Names at Harbor Branch Oceanographic Institute
at Florida Atlantic University (5600 North U.S. Highway 1)
6. Approve Jail Diversion Contract with New Horizons of the Treasure Coast
7. Funding Request for a Case Manager for Mental Health Court
8. Resolution 2014-203 - Award of the 2014/15 Alcohol and Other Drug Abuse Treatment
Fund Grant to the St. Lucie County Drug Screening Lab
9. Resolution 2014-197 - Amending Lease Agreement for National Navy UDT - SEAL
Museum for an Additional Five (5) years
10. Proposed Settlement with Westchester Fire Insurance Company for Road Improvements
(former Whispering Oaks Subdivision)
11. Humane Society of St. Lucie County, Inc. - Second Amendment to December 20, 2011
Agreement
12. Resolution 2014-204 - Facilities Use Agreement with WIRA Christmas Kids of St. Lucie
County, Inc., a/k/a WPSL Christmas Kids of St. Lucie County - 2014 Toy Drive
13. Lawnwood Regional Park - Fort Pierce Utilities Authority Easements
14. Employee Health Insurance Plan - Extension of Florida Blue Contract for Administrative
Services
15. Permission to Advertise for an Ordinance amending Reporting Requirements of
Affordable Housing Advisory Committee
16. Declaration of Emergency & Waiver of Formal Bidding Process - Water Intrusion Repairs
to Tradition Field Occupied Space
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17. St. Lucie County Deferred Compensation Plan - Amendment No. 1 to the August 20,
2013 Record Keeping Services Agreement; Amendment No. 1 to the August 20, 2013
Custodial Account Agreement
18. Amended Adoption Agreement for the Eligible 457(b) Deferred Compensation Plan
19. Letter to the Florida Association of Counties (FAC) Supporting Commissioner Tod
Mowery's Candidacy for 2nd Vice President of the Florida Association of Counties
D. COMMUNITY SERVICES
1. Community Transit Contract Amendment
2. Resolution 2014-205 - New Freedom Transit Grant - Scrivener Error Correction
3. Request for Qualification (RFQ) No. 14-036 - Contractor Pre -Qualification - (for
rehabilitation and rebuilding of homes funded through the CDBG Small Cities Program)
4. Resolution 2014-206 - FY14 HOME Funding Allocation
5. Cancellation of Foreclosure Counseling Program (FCP) Contract
6. East/West Dunbrooke Drainage Improvement Project- Change Order No. 1
E. COURT ADMINISTRATION
There are no items scheduled.
10610111 I:1011fel1111.1*1911J.To*1
1. Contract Between the Florida Department of Corrections Inmate Labor Program and St.
Lucie County Environmental Resources
2. Evans Parcel - Authorization to Begin Due Diligence for Land Acquisition
G. HUMAN RESOURCES
Corizon HIV Meds - July, Aug & Sept Invoices
H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
I. OFFICE OF MANAGEMENT & BUDGET
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1. Request for Proposal (RFP) No. 14-042 - Temporary Personnel Services (Non -clerical)
2. Continuing Contracts for Professional Engineering Services for Stormwater Management
Design and Permitting Services - RFQ 14-050
3. FY14 Budget Amendment and Budget Resolution
J. PARKS, RECREATION, & FACILITIES
Renaming of Lincoln Park Recreation Area to Lincoln Park Regional Park
K. PLANNING AND DEVELOPMENT SERVICES
1. Permission to Advertise - Annual Update to the Comprehensive Plan Capital
Improvements Element (CIE) for FY 2014/15 — FY 2018/19
2. Jacobs Road Impact Fee Agreement
3. Logsdon Lane Plat
L. PUBLIC SAFETY & COMMUNICATIONS
There are no items scheduled.
M. PUBLIC WORKS
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1. Bid Award for Mowing and Maintenance Services - Subdivision #2
2. Bid Award for Mowing and Maintenance Services - Subdivision #1
3. Award Bid No. 14-055 Juanita Avenue Sidewalk (21st Street to Taylor Creek Bridge)
4. Resolution 2014-199 - Indrio Road Widening (Emerson Avenue, Johnston Road,
Koblegard Road and Spanish Lakes Boulevard)
5. Award Bid No. 15-001 Christensen Road at NSLRWCD Canal 102 Cured -In -Place Pipe
Liner Project
6. Jacob Midway Commercial - Fee -in -lieu of Construction Agreement
7. Riverbend PUD - Partial Release of Surety
8. St. Lucie Veterinary Clinic - Acceptance of the Off -Site Improvements and Release of
Surety
9. Centerstate Bank - Conditional Acceptance of Constructed Improvements and
Maintenance Agreement
10. Harbor Town Marina Dredging Agreement
This Item was pull for discussion on Regular Agenda.
N. SHERIFF'S OFFICE
There are no items scheduled.
O. SOLID WASTE
Cancel Wynne Agreement for Single Stream
P. SUPERVISOR OF ELECTIONS
There are no items scheduled.
Q. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
R. UTILITIES
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
Work Authorization with CDM Smith - Design and Construction Services of Upper
Floridan Aquifer Test Well
IX. PUBLIC HEARINGS
At this time Commissioner Lewis referred back to the Presentation to Darrell Drummond - See Item VII.
Presentations.
A. PLANNING AND DEVELOPMENT SERVICES
1. Resolution 2014-209 - Granting a major adjustment to the Whispering Oaks Planned
Unit Development
Commissioner Lewis introduced the topic and Planning and Development staff provided
background information and a presentation outlining two conditions staff has placed in
Resolution 06-053.
Condition #1:
Staff does not support this request and suggested the original condition remain at the
discretion of the Board of County Commissioners or that it be rescinded. If rescinded,
the developer will pay the road impact fees per the adopted code at time of building
permit application at the current year's rate.
Condition #2:
Staff has reviewed the request and concurs with the findings of the Traffic Study
findings, therefore staff recommends the Board of County Commissioners rescind
Condition #2 of Resolution 06-053.
Cotleur & Hearing Site Planner and Agent for the Applicant, Daniel Sorrow provided
introductions, noting the Applicant was in Chambers and would make himself available
for comment if the Board so chooses. Ms. Susan O'Rourke the Traffic Consultant and
Mary Lindren, Environmental Controller were also in attendance. Mr. Sorrow then
provided a presentation outlining the Applicant's requests and providing an in-depth
review of the intended changes at Whispering Oaks PUD. The requests by the developer
were as follows:
- To amend the Whispering Oaks PUD site plan to convert the multi -family product type
with no garage to Townhomes with garages.
- To amend Condition of Approval A-1 of Resolution No. 06-053: Pay Road Impact Fees
up front at a locked in 2006 rate. (Amend to "Pay As You Go")
- We would like to pay at time of Bldg. Permit (the current policy) at the 2014 rates.
$800K Increase.
- To remove Condition A-2 of Resolution No. 06-053: Payment in the amount of $500k
for proportional share of Orange and Kings Hwy and a Realignment and Widening study
for Jenkins Road. 2014 Traffic study does not support these improvements. (Removal of
this Condition -Traffic does not support condition)
Regular Meeting Tuesday, November 18, 2014 6:00 PM
- To clarify proposed condition A-6 of Resolution No. 06-053: Construction of off -site
improvements. (Jenkins Road) (Items no longer Applicable due to County winning case
- no longer applicable. Request condition removed)
PUBLIC COMMENT:
Christpher Langel, 910 S Jenkins Rd - Asked the developer to confirm that the borders
and barriers on the north properties would be left in their natural state and have it
placed in the development order they be left to grow not developed.
Mr. Sorrow confirmed this to be the case, it is in the Plan and that it will be placed in the
conservation easement.
Mr. Langel's next stated they needed more access roads into the development. He
stated it is the opinion of not only himself but also his neighbors that something needs
to be done with Peterson Road, open it up to Orange Avenue perhaps but they need
another access point.
James Claassen, 5763 Jenkins Park Avenue - read a letter into the record which is
attached to these minutes regarding the increased traffic at Okeechobee Road and
Jenkins Road area. He stated he was speaking on behalf of his elderly neighbor whose
property is immediately across from the entrance to the development and the increased
traffic will be a very dangerous situation to her. Adding hundreds of vehicles to the
traffic pattern daily will be a hazard to all in the development and he's asking for a
better solution, the addition of a turn lane for northbound Jenkins Road to help slow the
flow of traffic into the development perhaps.
Earl Gaines, 5821 Starcher Avenue - He welcomed the developer but stated there are a
few issues to be taken care of, mainly that of a turning lane being created into Jenkins
Road. He stated that they need that turning lane because Jenkins Road is just not safe
road, people run right into you if you slow down to turn. If we had the turning lane it
would help.
Thomas Gladwin, 986 S. Jenkins Road - Likes the improvements, no complaints with
what will be done inside the development. He feels they need to have an access road at
the northeast corner of owner Joseph Miller's property, split one of the lots and create
an access out to the Orange Avenue. He also wants to make sure the work hours are
going to be from 7:00 a.m. - 5:00 p.m. M-F and 7:00 a.m. - 12:00 p.m on Saturday to
ensure it does not interfere with the peace and quiet of the residents.
Patrick Langel, 990 S. Jenkins Road - Stated it's a nice development but there is a real
issue with traffic. He feels an exit to Orange Avenue would alleviate some traffic issues.
Commissioner Dzadovsky asked the developer what impact it would have to take the
south exit and make it a north exit to make a connection to Orange Avenue.
Mr. Langel stated why not start out right by putting the exit in the correct location to
begin with.
Jonathon Langel, 820 S. Jenkins Road - Likes the idea of growth and development in the
area. He's a 3rd generation resident in the development. He came with several issues,
the 1st - has been resolved and that was in regard to the grounds; 2nd - Traffic, he has
personally witnessed an accident in the area and he feels they need an alternate route
into the development and 3rd - Emergency, a lot of homes and people will now be in the
development and 2 exits would not be enough should there be an emergency and they
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
need to vacate the area.
Van Andrews, 5860 Starcher Avenue - Feels an exit onto Orange Avenue would be the
best solution to the traffic issue. He asked what the status of 4-laning Jenkins Road was.
Staff responded at the present time they do not have all the right of way access and
they have not identified funding to move forward with the project either.
Darren Robertson, 139 U Vista Court - Stated an access route onto Orange Avenue
would be 20ft from his bedroom window. If they are considering this option he asked
that it be tabled until they can review the drainage issues in the area. They have already
raised the area and doing so again will cause problems with wells and septic. Jenkins
Road needs a deceleration lane, if that is done it would help make it safer
After in-depth discussion with special emphasis on the developer including plans to
build sidewalks in 4 major sections of the road, input from Kimley Horn, Traffic
Consultant Jason Madison; Board and Counsel a motion was placed on the floor.
Commissioner Dzadovsky made a motion to include the following items:
- County Attorney's recommendation - County would enter into a contract with the
developer, the developer would be allowed to recover the costs used to make the
improvements outlined in Mr. Diane's letter on a reimbursement basis.
- Developer confirmed they will take advantage of $110,000 the County has pursued
from the surety company to bring Jenkins Road up to speed per Mr. Diane's letter and
agreed to this being placed in the agreement.
- Removal of Traffic Study requirement from PUD
- Agreement for 2nd exit as indicated by developer
- Connection point in future to Peterson Road and sidewalk in the future as indicated
- Impact fees to be adjusted as requested by developer to pay current impact fees as
opposed to what was indicated in the previous agreement
- Either/or a contribution of $160,000 for sidewalks either to build or in -lieu -of as part of
the agreement
Commissioner Dzadovsky asked staff to confirm he had covered all the items discussed
and staff confirmed he had.
The motion was seconded by Commissioner Johnson, to approve the motion as
proposed, and; upon roll call, the motion failed 3-2. Commissioners Dzadovsky and
Johnson voted in favor, Commissioners Hutchinson, Lewis and Mowery voted against it.
Commissioner Lewis asked if there was an amended motion to be proposed and
Commissioner Dzadovsky proposed a second motion as follows:
Motion to include all of the same conditions stated in the first motion with the
exception of a change to the last item "Either/or a contribution of $160,000 for
sidewalks either to build or in -lieu -of as part of the agreement" will now read as follows
"Either/or a contribution of $110,000 for sidewalks either to build or in -lieu -of and a
$50,000 impact fee credit to the developer as part of the agreement."
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
The Meeting recessed at 8:50 p.m. and resumed at 9:04 p.m.
The developer proposed the following counter-offer to the Board:
- Pay $100,000 contribution for sidewalks
- Receive $50,000 impact fee credit for paying the $100,000 contribution for sidewalks
up -front for the first few building permits they pull
- Pay the contribution on a gradual basis but prior to the first CEO while taking
advantage of the impact fee credits on the first few building permits as they are
constructed
Commissioner Dzadovsky agreed to make that change to his motion and placed on the
table for vote.
At this time County Attorney noted these credits are not unusual, are non -site related
and improvements that will be made inside county right-of-way so they meet the
criteria set are eligible for impact fee relief.
The motion was seconded by Commissioner Johnson, to approve the amended motion
as proposed, and; upon roll call, the motion carried unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
2. Ordinance 2014-24 - Text Amendment to the Land Development Code - Section 4.12.00
Jenkins Road Area Plan Special District - 1st Reading
This Item was withdrawn for a later date due to technical error.
RESULT: WITHDRAWN
X. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Agreement to Reconfigure Pond "C" South 25th Street - Mount Bethel Baptist Church,
Inc.
County Attorney provided background information on the agreement and conditions.
Staff recommended the Board approve the Agreement and authorize the Chair to sign
the Agreement.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Frannie Hutchinson, District No. 4
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
2. Porpoise Beach Property Options (Parcel ID 2401-502-0006-000-0)
County Attorney provided background information stating the item was previously
discussed at the September 16th meeting, noting actions the Board had requested at
the meeting and results from those actions.
County Attorney outlined the three options the Board could take on this item as follows:
1) Do nothing and the property would simply remain in a natural state as it exists today,
2) Sell the County owned property, reserving a Perpetual Easement for future Fort
Pierce Beach Nourishment projects, and use the proceeds of the sale to fund a County
capital project, and 3) Exchange the property with the neighbor, reserving a Perpetual
Easement for future Fort Pierce Beach Nourishment projects. Because the County -
owned parcel may have a higher value than the parcel that would be conveyed to the
County, there is a potential loss to the County with this option.
County Attorney noted they feel any of the above options are appropriate and it's really
a judgment call the Board will need to make.
After discussion staff recommended the Board approve the sale of the County -owned
property, reserving a Perpetual Easement for future Fort Pierce Beach Nourishment
projects, and use the proceeds of the sale to fund a County capital project.
It was moved by Commissioner Dzadovsky, seconded by Commissioner Mowery, to
entertain Option #3 with a reverter clause, within 5 years, the access is not built out, the
County can then take the property back and sell it or let it go back into it's natural state
while reserving the Perpetual Easement for future Fort Pierce Beach Nourishment
projects, and; upon roll call, the motion passed by consensus. The vote was as follows:
Commissioners Dzadovsky, Hutchinson, Johnson and Mowery voted in favor,
Commissioner Lewis voted against the motion.
RESULT: ADOPTED [4 TO 11
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Tod Mowery, District No. 2
AYES: Kim Johnson, Chris Dzadovsky, Frannie Hutchinson, Tod Mowery
NAYS: Paula A. Lewis
3. Resolution 2014-210 - Master Equipment Lease/Purchase Agreement between the
County and Banc of America Public Capital Corp. - (Road and Bridge heavy equipment)
County Attorney provided background information on the Master Equipment
Lease/Purchase Agreement.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
B
Staff recommended the Board approve the Resolution and authorize the Chair to sign
the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
4. Proposed Water Control District Legislation
Board and staff discussion along with a question and clarification time by Special District
representative Terry Lewis, Esq. Took place and Commissioners raised their concerns
about several issues regarding the item. They did not receive the information early
enough to review thoroughly, Board felt the terms of the draft were much too broad,
gave too much power to the Special Districts and felt the item needed to be discussed in
a workshop where all affected parties were invited as well as the public so an informed
public and government decision was made when a decision was made.
Special District Services, Inc. Representative Todd Wodraska provided a breakdown on
what Special Districts do/are in order to try to assuage the Boards reservations
regarding handing over "power" to the District and answered Board questions.
The majority of the Board agreed it was too soon to vote to send the proposed special
act to Legislation as items were not defined enough and all effected parties were not
informed enough so a vote was taken to "table the item" and hold a workshop with the
appropriate parties at the first available time frame after the holiday season either in
December or January.
It was moved by Commissioner Dzadovsky, seconded by Commissioner Hutchinson, to
table the item and hold a workshop or joint meeting to discuss the item further at a
December or January meeting after the holiday, and; upon roll call Commissioners
Lewis, Johnson, Dzadovsky and Hutchinson voted in favor, Commissioner Mowery voted
against tabling the item. The motion carried by consensus.
RESULT: TABLED (CONTINUED) [4 TO 1]
12/16/2014 9:00 AM
MOVER: Chris Dzadovsky, District No. 1
Next:
SECONDER: Frannie Hutchinson, District No. 4
AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Frannie Hutchinson
NAYS: Tod Mowery
PLANNING AND DEVELOPMENT SERVICES
All Aboard Florida - Draft Environmental Impact Statement
Planning and Development Services Director provided background information and
presentation on the proposed All Aboard Florida (AAF) project and the Draft
Environmental Impact Statement (EIS) received on September 19, 2014.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
County staff has reviewed the document and is producing a lengthy set of comments,
concerns and questions about the information contained in the DEIS. In short, St. Lucie
County appears to receive many impacts from the project and no benefits. Moreover, it
is the position of staff that the DEIS does not adequately address the impacts to the
County.
Staff recommended the Board send a letter to the Federal Rail Administration (FRA)
outlining the concerns regarding the Draft Environmental Impact Statement and attach
the series of comments prepared by staff as well as the below summary of Board
requests from the Informal Meeting on November 18, 2014 at 11:00 a.m.
Summary of the Informal Meeting requests were as follows:
1. Extend Final EIS process much as the Draft process had been done; 2. Seek
consistency with the State's Transportation Plan as it applies to rail service; 3. Pass along
letter to the FDOT and the consistency with the new North Bridge; 4. Submit
documentation with the Regional Planning Council where it will go to the State clearing
house and DOT will review it at that time; 5. Emphasize that Fort Pierce and St. Lucie
Village were here "first" and "they would like to be more included in the Final EIS" as
they were give "short shrift" in the draft; 6. Would like to have Florida Wildlife
Commission weigh in on the environmental concerns and the permitting that has
occurred; 7. Look into the right-of-way and ownership issues; 8. Reach out to our
Legislative delegation; 9. Begin a pivot to working on our Plan B strategy; 10. Have an EIS
done in St. Lucie County and, 11. Look into setting up a joint meeting with Martin and
Indian River Counties to see if there is some combined effort that can occur within a
joint meeting.
Staff provided the address for any additional public comments to the FRA the public can
write to Mr. John Winkle by December 3, 2014 to the below address:
Mr. John Winkle
Federal Railroad Administration
1200 New Jersey Avenue
SE Room W38-311
Washington DC 20590
email to:AAF comments@vhb.com
Commissioner Lewis opened the floor for Public Comment:
Roland O'Brien, 21 Villa Del Norte, Fort Pierce - Pleased that the letter is being sent to
the FRA. He commented on the "open forum" meetings stating they were "modified
delphi" meeting meant to keep the public's input minimized. He stated his only request,
along with County staff's hard work, is to have the public take the next two weeks to
write to the FRA to get their comments out there because they were not heard at the
open forums.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
Commissioner Mowery asked for the Palm Beach County and Jupiter's thoughts were on
the EIS and Jupiter Town Counselor, Todd Wodraska was asked to offer his opinion. Mr.
Wodraska noted Jupiter also has a unique situation with a bridge being on the primary
route which AAF has proposed. Jupiter has taken passed a resolution similar to what St.
Lucie is about to do it seems.
Commissioner Mowery asked if they were looking at a lawsuit and Mr. Wodraska
answered that they are contemplating that and reviewing the information but nobody
has moved forward with it that he is aware of.
It was moved by Commissioner Johnson, seconded by Commissioner Dzadovsky to move
forward with sending the letter to the Federal Rail Administration (FRA) outlining the
concerns regarding the Draft Environmental Impact Statement and attach the series of
comments prepared by staff as well as the summary of Board requests from the
Informal Meeting on November 18, 2014 at 11:00 a.m., and; upon roll call, motion
carried unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5, Vice -Chair
SECONDER: Chris Dzadovsky, District No. 1
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
C. PUBLIC WORKS
Bid Award - North 2nd Street Reconstruction at Port of Fort Pierce
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
D. ADMINISTRATION
1. Board of County Commissioners Reorganization Follow Up
County Attorney noted there were several Board appointments from the
Reorganizational Meeting which were deferred to the evening meeting in order to
enable staff to compile additional information.
- Commissioner Johnson's appointment to the St. Lucie County Contractor's Certification
Board is now VACANT.
- No action needed for SFWMD Water Resources and Sustainability Advisory Committee;
these committees no longer meet so no further action is necessary.
- They are asking for volunteers but deferring action to a later date in December,
perhaps December 16, 2014 to deal with the vacancies. This should give the Board
enough time to gather applications and review them prior to appointments. He
mentioned they currently have no applicants for the Central Florida Foreign Trade Zone,
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
Inc.; they have one that could be reappointed to the Code Enforcement Board but they
planned to defer that decision until December in anticipation of receiving additional
applications; Board could act on Charles James for the St. Lucie County Contractors
Certification Board as it had been determined he is eligible to serve; Roger Hudspeth, it
has been determined, does live in the county, they have not been able to contact him
but have spoken with others who know him and looked at the Property Appraiser's
website and determined he has a homestead in Port St. Lucie. There are other issues
with Mr. Hudspeth and since they have not been able to speak with him they are not
prepared to take action on his nomination at this time; Historical Commission, St. Lucie
County Library Board and 2 positions with the Planning and Zoning Commission/Local
Planning Agency expires 11/14 as well as two Vacant positions on the Treasure Coast
Health Council to be filled at the December 16th Meeting. He noted Mr. Culverhouse is
no longer eligible as has termed out and is no longer eligible for re-election.
Commissioner Lewis noted since the St. Lucie County Contractors Board has an exam
coming up in December so the Board should at least vote on that appointment.
It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to
approve Charles James to the St. Lucie County Contractors Board since the position has
expired and he has been deemed eligible, and; upon roll call, motion carried.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
2. Harbor Town Marina Dredging Agreement
Commissioner Dzadovsky stated he would be in favor of approving the agreement if the
staff places a spec item within the request for the owner to agree to the use of some
sort of hydraulic dredge or something thereof other than the clam bucket so the
turbidity levels remain low due to the contamination in the area and would avoid
disturbing the sea grasses across from the Taylor Creek Area. A second request have
large 20 yard dumpsters placed in the area where the muck could be placed by the
dredge to avoid trucking the muck through the neighborhoods.
Staff noted he had discussed the change with the consultant for the owner stating they
had received bids comparing the two types of dredging and the costs were around
$500,000 higher for the hydraulic versus clam bucket type due to the large amount of
materials they estimate will be removed, roughly 12,000 cubic yards, thus accounting
for the high cost for the use of the hydraulic dredge. Staff recommended pulling the
item from the agenda to discuss with the owner.
This item was pulled from the consent agenda prior to the Board vote. It was the
consensus of the Board to continue the item to the next meeting. It has been continued
to the December 2, 2014 agenda post -meeting per Public Works Department's request.
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Regular Meeting Tuesday, November 18, 2014 6:00 PM
RESULT: TABLED [UNANIMOUS] Next:
12/2/2014 6:00 PM
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice -Chair
AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery
XI. ANNOUNCEMENTS
1. County offices will be closed on Thursday, November 27, 2014 and Friday, November 28, 2014
to observe Thanksgiving.
2. The Board of County Commissioners will hold an Informal Monthly meeting on Tuesday,
December 9, 2014 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration
Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982.
3. County offices will be closed on Thursday, December 25, 2014 and Friday, December 26, 2014
to observe Christmas.
4. County offices will be closed on Thursday, January 1, 2015 to observe New Years.
XII. MOTION TO ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Paula A. Lewis, District No. 3, Chair A;1111�8CJ2014
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.
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