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HomeMy WebLinkAboutMinutes 04.02.2013r 189011 W V E COUNTY F L O R 1 D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting April 2, 2013 Convened: 6:00 PM Adjourned: 7:45 PM Attendee Name Status Arrived Tod Mowery District No. 2, Chairman Present Frannie Hutchinson District No. 4, Vice -Chair Present Chris Dzadovsky District No. 1 Present Paula A. Lewis District No. 3 District No. 5 County Administrator, ICMA-CM Assistant County Attorney Present Kim Johnson Faye W. Outlaw, M PA Heather Young Present Present Present Laurie Waldie Director, Utilities Services Division Present Beth Ryder Director, Community Services Present Mark Satterlee Director, Planning & Development Services Director, Human Resources Present Tara Ra more Present Shai Francis Director, Finance Present Joseph E. Smith Clerk of the Circuit Court Present Ken Mascara Sheriff Present Katherine Barbieri Assistant County Attorney Present Recording Secretary Present Assistant County Administrator Present Kelly Phelan Bob Bentkofsky Generated 511312013 12:36 PM BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES APPROVAL 1. Board of County Commissioners - BOCC Regular Meeting - Mar 19, 2013 9:00 AM RESULT: ACCEPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IV. PRESENTATIONS There are no presentations scheduled for April 2, 2013. 1. There are no items scheduled. V. GENERAL PUBLIC COMMENT Marty Baum, Indian River Keeper, 1192 NW Francis Street, Jensen Beach, FL, addressed the Board regarding updating of the port master plan. He expressed his concerns regarding the possibility of a petroleum liquid national gas distribution plant for the port. He questioned if the members of the Board had been contacted by or met with those interested in bringing a petroleum liquid national gas distribution plant to the port and if so, did they sign a non -disclosure agreement. Commissioner Mowery responded that he has not. Commissioner Hutchinson responded that she did have a meeting through the Economic Development Counsel; however, she did not sign anything and she did not recall the name of the company. Commissioner Dzadovsky responded that he also met with the members of the EDC with their representative and he did not sign a confidentiality agreement. Commissioner Lewis responded that she spoke to a member of the EDC and that she did not sign any agreement. Commissioner Johnson responded that he did meet with representatives through the EDC but there were no non -disclosure agreements signed. Marty Baum went on to discuss his concerns regarding the port. 2 1 Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM Commissioner Mowery explained that it is a common occurrence for the EDC to meet with the Commissioners. Whenever the EDC has a prospect for any type of industry, they will meet with Commissioners to make them aware that they are meeting and to keep the Commissioners in the know regarding potential projects. He stated that updating the master plan is the goal. Any site in the county has to go through the required processes. There shouldn't be the approach taken that they are trying to pull the wool over anyone's eyes and propose something opposite compared to what a community process should and will be. Commissioner Dzadovsky requested clarification from the County Attorney on the process that any proposal would have to go through in the County. The Assistant County Attorney explained that any project would have to meet zoning requirements in addition to meeting the City of Fort Pierce's regulations. She also explained that under state law, a confidentiality agreement can be requested by a prospective business developer. The County Administrator explained how the process works with the EDC. She sits in on the EDC prospect meetings for any prospective companies coming in with an interest in the County. She stated that she did sit in on this meeting but it was many months ago before the public process for the port was initiated. It was a prospect meeting with the EDC on a potential business enterprise who were looking to explore the feasibility of bringing their business here. They are looking at St. Lucie County as one of several sites throughout the state. Given that they are interested in the area under discussion, she made them aware of the community sensitivity regarding the port and the community's desire to see how the port is developed. She explained that she advised the prospective company to educate themselves on the port master plan process. Marty Baum asked the County Attorney if she would be able to disclose the name of the entity and if she has signed a non -disclosure agreement. The County Attorney explained that she is not able to disclose the name and she has not signed any non -disclosure agreement. Commissioner Dzadovsky recommended to Mr. Baum that he speak with Mr. Pelton who does have an agreement with the entity. He also asked for confirmation that anything that is going to be brought to the port would have to be on the port master plan or put into the plan. The Assistant County Attorney responded that is correct and anything that develops at the port is going to have to comply with the master plan and that includes any amendments that may come forward. Commissioner Mowery explained that the EDC does not provide the Commissioners with the names of the companies that they are working with when they come forward because they are not a part of the confidentiality process as they are. He 31Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM explained the process in detail and talked about everything from e-mail to voice mail being public record and why the EDC does not provide that information. Marty Baum questioned how to find out who the entity is. Commissioner Mowery explained that any project brought forth has to go through a process no matter what it is. When it goes forward, if it doesn't have the land designation and zoning and doesn't get approval from the approving board and if it does not comply, then it's not guaranteed to be approved and that doesn't even include the construction plan approval process. There are a lot of steps that they would have to go through. Commissioner Dzadovsky explained that he has gone on record to protect the lagoon and he made assurances that he would have his eyes on anything that came before the Board in this regard. If there was a formal proposal, he would reach out to the community. He went on to address Mr. Baum's concerns and discuss the process that would have to take place. Commissioner Hutchinson stated that any project that has comes to the Board through the EDC is treated the same way. There was no preference and no difference and they followed the same process that they have always done. Kevin Stinnett, 10303 S. Indian River Drive, Fort Pierce, FL addressed the Board regarding the process of developing the port master plan. He wanted to encourage the Board to have great scrutiny and skepticism. He is concerned about companies coming in and making promises that they can't keep. Commissioner Johnson responded that they will do everything in the Board's power to make sure that they find out as much information as possible because they don't want to miss the mark. They want to be a part of what's going on. Kevin Stinnett stated that we all want economic development for this community but it's easy to turn a blind eye to things that don't add up when we want something so much. He reiterated that he hopes the Board will move forward with great scrutiny and skepticism. John Fulbrook, Okeechobee Resident, addressed the Board regarding the Gary Morales Memorial Highway Petition and presented the petition to the Board. Commissioner Dzadovsky stated that he appreciated Mr. Fulbrooks efforts. He asked if he was aware that the Sheriff had named the training center after Mr. Morales. John Fulbrook responded that he was aware of the dedication. Commissioner Dzadovsky explained that he had been questioned by Veterans as to how we can put one person in front of the other. John Fulbrook stated that they can't change how they've honored past fallen heroes but they can change how they do it from now on. He talked about another petition 41Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM he initiated and talked about those circumstances. He also commented on other fallen public servants and he wants to memorialize those fallen heroes as well. The SLC Sheriff addressed the Board regarding the petition. He talked about the training complex being named after Sgt. Morales. He also talked about his thoughts regarding re -naming Midway Road. In addition he mentioned that they recently received an anonymous donation for the benefit of making a memorial for all fallen heroes of the Sheriff's office. Commissioner Mowery asked the Assistant County Attorney to explain the process by which roads are re -named. The Assistant County Attorney explained that the process starts by the request coming into the Property Acquisitions Department. They then contact all of the property owners abutting the road in question to get their feedback as it does affect them directly. Then they make a recommendation and come back to the Board for a decision. Commissioner Dzadovsky mentioned that there are pictures of three soldiers outside the Board Chambers who were killed in action and their families requested to have their streets re -named. It was very difficult to get through the process especially due to the cost impact to local businesses and there should be careful deliberation of any decision that is made. George Baker, Port St. Lucie resident, addressed the Board regarding his concerns for the port. He asked the Board to look at the crime statistics around other port cities as he is concerned crime will increase. John Arena, Fort Pierce resident, addressed the Board regarding the DOT meeting for the port project and expressed his concerns regarding the project as well as his concerns regarding overpopulation. VI. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Warrants List No. 25 B. COUNTY ATTORNEY 51Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM 1. Proclamation Designating the Month of April 2013 as "National Child Abuse Prevention Month" Michelle King, Director of Development, Children's Home Society of Florida Treasure Coast Division, was present to accept the proclamation. She said a few words about National Child Abuse Prevention month as well as statistics of child abuse and prevention. 2. Proclamation Designating the Month of April 2013 as "Child Abuse Prevention Month" as requested by CASTLE. Rossana Gonzalez, Community Relations, CASTLE, was present to accept the proclamation. She talked about Castle and commented on the white flags that are flying to represent each child in Florida that died this past year as a result of child abuse or neglect. 3. Proclamation designating April 6, 2013 as "Children's Day" and April 7, 2013 as "Parents and Children's Day" in St. Lucie County, Florida. Tony Loupe, CEO of the Early Learning Coalition, was present to accept the proclamation. He talked about Children's Day and the 'hanging of the hands" as well as the involvement of the Early Learning Coalition and the upcoming Family Fun Fair. 4. Proclamation Designating the Month of April 2013 as "Water Conservation Month". Lauri Waldi, Utilities Director was present to accept the proclamation. She talked about conservation efforts and alternative water supplies. 5. Proclamation designating April 19, 2013 as "Patriot's Day" in St. Lucie County, Florida. Jay Wise and Hall Reidger, St. Lucie River Chapter, Sons of the American Revolution were present to accept the proclamation. Hall Reidger spoke about Patriots Day and the events leading up to the American Revolutionary War. Jay Wise announced that they will soon be dedicating a new monument in Veterans Memorial Park in Port St. Lucie. 6 1 Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM 6. Madison Vines, LLC - Subordination Agreement with PNC Bank, National Association 7. Proclamation designating the month of April, 2013 as "Sexual Assault Awareness Month" in St. Lucie County, Florida. 8. Proclamation designating the month of April, 2013 as "General Aviation Appreciation Month" in St. Lucie County, Florida. John Wiatrak, SLC Airport Manager was present to accept the proclamation. He said a few words about general aviation. He explained that Florida is the capital of the world for general aviation. He discussed the role of recreational aviation versus commercial aviation. He talked about our local airport and the number of jobs it provides. He also went on to talk about light sport aircraft and a new company coming in called Renegade. He explained their purpose and talked about their outreach including working with wounded warriors. Commissioner Dzadovsky commented that they are creating an aircraft that can be flown without legs so those wounded warriors who have lost limbs will be able to fly this type of aircraft. C. ADMINISTRATION 1. 2013 Federal Legislative Agenda D. COMMUNITY SERVICES 1. 10th Street Road Construction 2. Engineering Services - D9 Canal Project 3. State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) 4. Item Pulled from Consent and moved to Regular Agenda E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 71Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM 1. Corizon Inmate Health Care Invoice No. CZN000012457 2. Corizon Inmate Health Care Invoice No. CZN000012459 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 1. Waiver of Fenn Center Facility Rental Fees for the Phil Chalmers Assembly Presentation Commissioner Dzadovsky addressed the Board regarding the Phil Chalmers event. He provided background and talked about the events that are taking place. They want to provide information to everyone as to the criteria that children have before they act out and educate the community to what these individuals have in common to try to prevent tragedy. 2. SEAL Museum Grant Agreement Payout 3. Bleacher Expansion South County Regional Stadium - 560 NW University Blvd, Port St. Lucie K. PLANNING AND DEVELOPMENT SERVICES 1. Approve Budget Resolution for the Design and Construct Parallel Runway Taxiway Connector (Phase 1-Design) Project 2. Transportation Impact Study Waiver for North Hutchinson Island Wastewater Treatment Facility (WWTF). 3. Permission to Advertise - Amendments to the Comprehensive Plan and Land Development Code to Resolve Residential Open Space Issue in the Agricultural Areas of Western St. Lucie County. Lands Amendments to the Comprehensive Plan and Land Development Code 4. Land Development Code Text Amendment - Permission to Advertise 5. Approve Budget Resolution to Accept FAA Reimbursement Funds 6. To Approve Work Authorization for Parallel Taxiway Connector Design and Construction Services 7. To Approve Second Amendment of Michael Baker Inc. Work Authorization No. 37 for Customs & Border Protection Facility Renovations L. PUBLIC SAFETY & COMMUNICATIONS BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM There are no items scheduled. M. PUBLIC WORKS 1. Oleander Avenue Business Park Culvert Replacement / Oleander Avenue Pipe Replacement Project 2. St. Lucie County / FPUA Bulk Services Agreement N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS 1. Budget Amendment to Include Federal Funds P. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of the Federal Metropolitan Planning Grant Third Authorization for St. Lucie TPO 2. Resolution - Approval of Federal Transit Administration Grant VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. An Ordinance amending sections 1-14.5-21 "adoption" to provide for the adoption of a deferred compensation program; amending section 1-14.5-22 "administration" to change administrator from the national association of counties (NACO) and the public employees benefit services corporation (PEBSCO) to TIAA CREF and to provide for periodic review of the program by the deferred compensation committee and to further provide that the board of county commissioners may change the administrator by resolution The Assistant County Attorney provided background regarding the proposed changes to the County's Deferred Compensation Program. Staff recommended approval. The Clerk of the Circuit Court addressed the Board regarding the proposed changes. He advised the Board that they have worked together with the Constitutional Officers and Board partners to come up with the best plan for both the employees as well as the community. 91Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Ordinance f/k/a Ordinance No. 13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. The Assistant County Attorney provided background regarding Establishing Procedures for Processing Requests for Reasonable Accommodation. Staff recommended approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. PLANNING & DEVELOPMENT SERVICES 1. A Resolution to Rezone from AR-1 to CO - Wright Professional Plaza located approximately 1/3 mile north of Midway Road on the west side of South 25th Street. Staff provided background regarding the re -zoning request to change the zoning from AR-1 to CO. He advised notice was provided and staff has received no public comments. Staff recommended approval. Commissioner Mowery acknowledged this being a Quasi -Judicial item however no one from the Board had met with any parties so there were no disclosures to be made. Commissioner Dzadovsky thanked staff for incorporating the City of Fort Pierce and questioned what was located on the adjacent parcel to the east. Staff advised the Board that it is an existing single family residence. The homeowner's questions have been addressed and they have been working with the applicant to address any concerns. Commissioner Mowery commented that this will require site plan review and be required to meet land development code requirements. 10 1 Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate (RE) Staff provided background on the large scale map amendment and advised the Board that staff recommended approval. The Planning and Development Director addressed the Board regarding the error that brought this amendment before the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson VIII. REGULAR AGENDA 1. Construction Services for D-9 Canal Drainage Improvements RESULT: ADOPTED [4 TO 0] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson IX. ANNOUNCEMENTS Commissioner Dzadovsky wanted to remind everyone of the Phil Chalmers event coming up on May 2nd at 6pm at the Fenn Center. He also went on to thank the following members of the Environmental Resources Department: Brion Pauly, Kenny Brinley, Jose Zavala and Jess Bolduc for their efforts with the recent brush fires. He discussed the good relationship between the ERD, Fire Department and Division of Forestry. He also mentioned the Mark 5 Special Operations Craft will be on display at the UDT Seal Museum in Fort Pierce. The museum is doing great things and this will be a great addition. Commissioner Johnson thanked Shane Dewitt with his help regarding the new paperless system. 11 1 Page BOCC Regular Meeting Tuesday, April 2, 2013 6:00 PM 1. An Informal Meeting of the Sustainability District will be held on Tuesday, April 9, 2013 at 1:30 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Commissioner Hutchinson asked for clarification regarding the cancellation of this meeting. The County Administrator confirmed that the Sustainability meeting has been canceled. 2. The April 16, 2013 Regular Board of County Commissioners meeting has been canceled due to the Board of County Commissioners Washington trip scheduled April 15th thru April 17th. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 12 1