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HomeMy WebLinkAboutMinutes 05.21.2013S■TkOL■NI 1 E COUNTY F L o R r D A OEM — BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting May 21, 2013 Convened: 9:02 AM Adjourned: 10:25 AM Call to Order The meeting was called to order at 9:02 AM by District No. 2, Chair Tod Mowery Attendee Name Title Status Arrived District No. 2, Chair Present District No. 4, Vice -Chair Present District No. 1 Present District No. 3 Present Tod Mowery I Frannie Hutchinson Chris Dzadovsky Paula A. Lewis Kim Johnson District No. 5 Present Faye Outlaw County Administrator Present Bob Bentkofsky Deputy County Administrator Present Daniel S. McIntyre County Attorney Present Heather Young Asst. County Attorney Present Katherine Barbieri Asst. County Attorney Present Edward Matthews Parks, Recreation & Facilities Director Present Don West Public Works Director Present Beth Ryder Community Services Director Present Marie Gouin Office of Management & Budget Director Present James R. David Mosquito Control and Coastal Mgt. Serv. Director Present Mark Satterlee Planning & Dev Director Present Tara Raymore Director of Human Resources Present Laurie Waldie Utility Director Present Kelly Phelan Recording Secretary Present Generated 21412014 6:36 PM BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners - BOCC Regular Meeting - May 7, 2013 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IV. PRESENTATIONS 1. Presentation by Carol Wyatt of WPSL Radio Carol Wyatt, WPSL Radio, made a check presentation of $5600.00 to the Board for the aquatics program. Lucia Berry, Program Supervisor for Parks and Recreation, addressed the Board. She thanked Pastor Mills and Carol Wyatt as this is the 9th year they have supported this program. She talked about the program and how many youth they have helped over the last nine years. Pastor Mills, Save our Children, thanked the Board and explained to the Board how the program was started as a result of three young boys drowning. Greg White, Manager Parks and Recreation addressed the Board regarding working with Autism Speaks. Commissioner Dzadovsky asked how the public can contact them if they are interested in sponsorship. Carol Wyatt responded that people can reach them at the radio station and through Christmas Kids. 2. Presentation by Laura Diederick, Education Specialist, Smithsonian Marine Station Laura Diederick, Education Specialist from the Smithsonian, expressed her appreciation to the Board and to the County for the upcoming installation of the new LED signage at the entrance of Museum Point Park. The sign will highlight the entrance to the Saint Lucie Regional History Center and the Saint Lucie County Aquarium. She talked about the record attendance in 2012 and feels that the new signage will contribute to even more visitors. Due to their supporters, The Smithsonian, will be presenting a check to help offset the cost of the fabrication and 2 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM installation of the new sign. She then talked about the upcoming events that are happening at the Smithsonian. Commissioner Dzadovsky asked how the public can contact them if they are interested in participating. Laura Diederick responded that the best way to reach them is by doing a Google search for their website and calling the education office. V. GENERAL PUBLIC COMMENT Mark Gotzs, 154 NW Magnolia Lakes, Port St. Lucie, FL addressed the Board in opposition of the 750 plan. He asked the Board to review it closely and requested that they opt out of the plan. VI. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Moved to Regular Agenda B. COUNTY ATTORNEY 1. Permission to Advertise an Ordinance amending Chapter 2-5, "Building and Building Regulations" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 2-5-9 "Procedure for Obtaining Certificate of Competency; amending Section 2-5-12 "Same -Expiration", and adding Section 2-5-12(5); and Section 2-5-15 "Reciprocity"; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. Commissioner Mowery wanted to check with staff to ensure that as this moves forward it is coordinated with the Treasure Coast Builders Association and that they are checking to see how this compares with other cities. The Assistant County Attorney responded that there have been discussions between staff and the Treasure Coast Builders Association and it has gone to the Contractor's Licensing Board and they have given their approval after several revisions. Staff has checked with other governmental agencies as well. 2. CAD System Shared Network Interlocal Agreement Commissioner Mowery questioned the exact amount of money that would be spent and if there were any changes in our liability for that. 3 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Jack Southard, Director of Public Safety and Communications, explained that the cost will be approximately $3,000.00 a month. The cost will be shared between the Sheriff's Department, Port St. Lucie Police Department and Fort Pierce Police Department. He stated that there are not changes in liability; the responsibility is still there from the previous CAD system. 3. Multi -County Citrus Agent Interlocal Agreement with Indian River County Commissioner Mowery gave kudos to staff for working on the Inter -Local agreement with Indian River County. He was glad to see that Indian River County is going to be able to provide some of the funding. 4 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 4. First Amendment to May 5, 1992 Interlocal Agreement with the Reserve Community Development District 5. Permission to Advertise for an Ordinance Amending Article III of Chapter 1-17 (Road Impact Fee) 6. Contract with CAPTEC Engineering, Inc. For Professional Engineering Services for East/West Dunbrooke Drainage Project 7. Contract for Professional Engineering Services with CAPTEC Engineering Services for Indian River Memorial Park 8. Contract for Professional Engineering Services with Engineering Design & Construction, Inc. For Parks Edge Flood & Drainage Improvement Project 9. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2006A (Sunland Gardens Phase I MSBU) 10. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II Assessments) 11. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU) 12. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2006B (Greenacres MSBU) 13. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2008A (Lake Drive MSBU) 14. Permission to Advertise for an Ordinance amending chapter 1-11 (libraries impact fee) 15. Permission to Advertise for an Ordinance amending chapter 1-16.3 (public buildings impact fee) 16. Permission to Advertise for an Ordinance Amending Article III of Chapter 1-15 (Parks Impact Fee) 17. Permission to Advertise for an Ordinance Amending Article II of Chapter 1-18 (Law Enforcement Impact Fee) 18. Permission to Advertise for an Ordinance Amending Article I of Chapter 1-7.9 (Fire/EMS Protection Impact Fee) 19. Permission to Advertise for an Ordinance Amending Article V of Chapter 1-6.5 (Educational Facilities Impact Fee) 51 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 20. Revocable License Agreement - Fort Pierce Moose Lodge 248 - 325 Pandora Avenue - Lakewood Park 21. Resolution - Creation of S.R. Properties MSTU - Permission to Advertise C. ADMINISTRATION 1. Changes to the Chairman's Boards/Committees Reorganization Appointments to the Council on Aging and the Value Adjustment Board 2. Authorization for the County Administrator to Submit Formal Offer to the City of Port St. Lucie for the Purchase of a Building Located at 2950 Rosser Boulevard (for future southwest library facility). Commissioner Mowery advised that staff is present to give an update to the residents regarding the proposed Library project. Beth Ryder, Director of Housing and Community Services, discussed the project. She explained that they have impact fees that they have been saving for this project. She talked about our county as it compares to others in total square footage of library space available to residents. There is a facility in the same area where they feel a library is needed and it is on the market. She talked about the facility and the benefits of using that particular building. In addition, she discussed the building appraisals and negotiations. Commissioner Mowery reiterated that the money has come from impact fees that were previously set aside and the money has been designated and can only be used for this purpose and cannot be diverted in any other manner. This money has been sitting in a fund waiting for the right opportunity to come along. Many locations were considered but this seems to be the best choice. Commissioner Dzadovsky commented that this is why we have impact fees so that as development occurs it will help to pay for itself. Commissioner Hutchinson stated that a good point was made that this money cannot be spent on anything short of the libraries. This has long been on the books as a need and it's been in the planning for quite some time. The County Administrator stated that the public tends to connect with the General Fund Operating Budget, that's the one that we have been grappling with and these funds can absolutely not be used for the General Fund. Commissioner Dzadovsky extended his thanks to the Friends of the Library. Commissioner Lewis stated that before this census there was a Library scheduled to be built in the southwest area where the population was under served. While we had funded to build the building, we were unable to fill the building with books or people to operate it. This is something that had been 6 1 P a g E BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM on the books and was removed. With the building becoming available and the funding working out, she feels that this is a good time to move forward. Commissioner Mowery stated that he just wanted people to be aware of what was happening with that item. ►&IuWL111W&I 4 .1914:R There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. M I :To] 0 I u I :11 01110 1. Land Development Code Text Amendment to the Shoreline Protection Standards Commissioner Mowery gave kudos to staff regarding the Environmental Resources Shoreline Protection Standards; it is nice to see we are simplifying the process and make things happen more timely. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000012704 2. Corizon Inmate Health Care Invoice No. CZN000012705 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. Budget Resolution for WPSL Christmas Kids of St. Lucie County Donation for Aquatics Program 2. Waiver of Facility Rental and Admission Fees for The 2013 National Estuaries Day Festival 3. Budget Resolution and Smithsonian Agreement for Donation of LED Sign at Museum Pointe Park 4. Construction of Small Office and Restrooms at John B. Parks Skate Park Commissioner Mowery questioned the raise in cost due to building issues and wanted to find out if there was a security issue regarding the restrooms. It 7 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM had been raised previously that there were issues with the bathrooms initially and he wanted to know how that would differ with this proposal. Staff responded the Fenn Center restrooms were used initially and they experienced graffiti and vandalism within the first few weeks. There was also vandalism and inappropriate activities at the park because there were no eyes on site. They have decided to turn this into a supervised venue as it was originally. Commissioner Mowery asked if the bathroom will actually be located on site and if it will part of or separate from the office building. Staff responded that the bathroom will be right at the entrance to the skate park and it will allow them to have on -site supervision. Commissioner Mowery asked if it will only be open when staff is present. Staff responded that it will only be open when staff is present. 1. Design and Construct Security Camera and High Mast Lighting Project -Florida Department of Transportation (FDOT) Match L. PUBLIC SAFETY & COMMUNICATIONS 1. Memorandum of Understanding Concerning Treasure Coast Regional Communication System M. PUBLIC WORKS 1. CDMSmith Work Authorization No. 10 2. Board approval to award RFP No. 13-030, Single Stream Recycling System. 3. Board approval to award RFP No. 13-032, Household Hazardous Waste Collection. 4. Sunrise Boulevard between Ibis Avenue and Egret Avenue Culvert Replacement 5. Old Dixie Highway Interim Roadway Repair 6. South Header Canal Road @ North St. Lucie River Water Control District (NSLRWCD) Canal No. 75 Culvert Sleeving 7. Taylor Creek Dredging Phase 2 8. White City Drainage Citrus & Saeger - Phase 1 Amendment N. SHERIFF'S OFFICE 8 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Code Enforcement Cases - Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background on the following code enforcement cases: 75945- 2006 24t" Street, Fort Pierce 75871- 150 Solaz Ave, Port St. Lucie 76239- 102 Bonita Ct., Port St. Lucie 74504- 2685-2691 Niagara Ave, Fort Pierce 75793- 7304 Deland Ave, Fort Pierce 75873- 1919 N 51s' St, Fort Pierce 75792- 6905 Ocala Ave, Fort Pierce She advised the Board that all of the cases have gone before the Code Enforcement Board and were referred the Board of County Commissioners due to all of the cases being a serious threat to public welfare and safety. The following case numbers are in violation due to excess overgrowth of grass and weeds: 75945, 75871 & 76239. The following case numbers are in violation due to excess overgrowth of grass and weeds as well as needing exterior property maintenance as they need to be boarded up due to not being secure: 74504, 75793, 75873 & 75792. Notice was provided as required and staff is requesting permission to have the violations abated and place a lien on each of the properties. Commissioner Hutchinson asked if they were making any headway with the repeat offenders. The Assistant County Attorney responded that they do keep record and there is one repeat offender in this group but for the most part they don't get many. 9 1 P a g e BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Code Enforcement Case No. 74472 - 83 Aqua Ra Drive, Jensen Beach, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background on code enforcement case #74472 located at 83 Aqua Ra Drive, Jensen Beach. This property is being brought forth due to a violation of Chapter 67-1998. There is overgrowth that needs to be cut back and there has been a complaint from the neighbors that this is causing rodents. There is also an unsecured pool that needs to be treated and secured and there have been complaints from neighbors that the pool is causing mosquitoes. Notice was provided as required and staff is requesting permission to do a thirty day notice asking the owner to abate these violations and if they don't then granting permission to have the violations abated and place a lien on the property. Commissioner Dzadovsky asked if the cover will protect children from falling into the pool. The Assistant County Attorney responded that the pool was covered at one point so there is metal over it but it the plastic has deteriorated allowing water into the pool. They need to verify the metal hasn't rusted out. Attorney Cliff Repperger of Gray -Robinson, P.A., 1795 Nasa Blvd, Melbourne, FL, addressed the Board on behalf of his client JP Morgan Chase Bank. His client does not believe that they are the current owners of the property due to the quit claim deed not being accepted by Chase Home Finance. He discussed the issues regarding the title and pending litigation as well as the curative efforts made. He stated that he's not sure that the County has the right party cited on the code violation and is not sure what the authority to act is at this point in time. He advised the Board that they are currently in the process of trying to work all this out and they are interested in resolving the violations. Commissioner Mowery advised that they are going to take the pool issue very seriously. The Assistant County Attorney advised the Board that they will provide the notice to both Chase and the previous owners. If the issues aren't taken care of then they will abate them and then figure out the legalities as we go. Commissioner Dzadovsky asked if this property has been registered as required by County Ordinance. 10 1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM The Assistant County Attorney responded that it has not been registered because the Property Appraiser's website shows them as the actual owner and she is assumed it's because of the dispute of ownership. Commissioner Dzadovsky stated that the public is looking to us to and he would like to see this cleaned up and move forward as we have an obligation to the community. The County Attorney clarified that they will send notice to both of the potential owners, the bank and the previous owners. They are not going to get in the middle of the title dispute. They simply want to eliminate the nuisance. The motion to approve was amended to include the statements made by the County Attorney regarding sending notice to both of the potential owners, 111C uanK d11U L11U PfevIUUS UWIlulb. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. Code Enforcement Case No. 61564, 2707 Avenue T, Fort Pierce, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background on code enforcement case #61564 located at 2707 Avenue T, Fort Pierce. This property is being brought forth due to a violation of Chapter 67-1998. There is overgrowth that needs to be cut back and there are open windows, doors and a garage door that need to be secured. Staff is requesting permission to do a thirty day notice asking the owner to abate these violations and if they don't then granting permission to have the violations abated and place a lien on the property. This property had been previously secured and some of the openings have been re -opened. Staff also believes that the property has changed hands. Commissioner Hutchinson clarified that it was the County and not the owners who secured the property previously and this is the second time. She asked if they charge more when it's the second violation or if they have the ability to do so. The Assistant County Attorney responded that it was the County. She explained that they charge the actual cost. If they are repeat violations they can but the abating is only for the actual cost plus 6% interest. Commissioner Hutchinson commented that many properties change hands over and over again and no one claims ownership and in the meantime, the county is burdened with the costs. She talked about raising the fees for second and third time offenders. BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM B. The Assistant County Attorney talked about another ordinance that has been d55eU lfldl VVIH di!Uw Ulefll lU [JUL LHU LU515 Un lfle lax full. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson PLANNING & DEVELOPMENT SERVICES 1. Land Development Code Text Amendment Jenkins Road Area Plan Special District Section 4.12.05, Permitted Zoning and Rezoning Staff gave a presentation (filed with the Clerk) that provided background on the proposed Land Development Code Text Amendment. Staff has received no public comments on the item and recommended approval of the ordinance. Commissioner Mowery asked the County Attorney if this is just considered a tweak in the plan rather than having to go back to Planning and Zoning. The County Attorney confirmed that it shouldn't have to go to Planning and Zoning as it is being re -styled as a modification and he feels it is consistent. He also ciaririea tnat tnis is a iegisiative item ana not quasi-juaiciai. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Annual Update to the Comprehensive Plan Capital Improvements Element (CIE) for FY2012/13to FY 2016/17 Staff gave a presentation (filed with the Clerk) on the annual Update to the Capital Improvements Element (CIE). Staff recommended approval of the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. Comprehensive Plan text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5 - Transmittal Hearing Staff gave a presentation (filed with the Clerk) on the County -Initiated Amendments to Revise Regulations Related to Residential Development on AG-5 and AG-2.5 Lands and addressed both items VII133 and VIIB4 concurrently. Notice was published as required and there was one public comment in opposition. That person thought that this amendment increased development pressures or increased the intensity of development. She 121Page BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM explained that this doesn't increase the amount of development that can occur and the intensity will remain the same. Staff recommended that the Board approve transmittal of the proposed comprehensive plan amendments including the revisions to the State Department of Economic Opportunity for review and comment. Commissioner Mowery asked to review the map and questioned if this picks up any of the TVC. Staff advised that it does not as it is fundamentally different from the Western Lands. The Planning and Development Director addressed the Board regarding the presentation. He explained that as they looked at what was trying to be achieved in the 80/20 of the open space development portion of the PUD, the agricultural lands are different. As they looked at the PUD's that got approved, what they found was that the best plans didn't meet the 80/20. He talked about some examples. He feels that staff can achieve really good results working with the landowners and they will achieve a lot of what is intended within the PUD regulations and within the rest the requirements of the Land Development Code and Comprehensive Plan. Jonathan Ferguson addressed the Board on behalf of a large number of the landowners in the western part of the county. They have appreciated working with staff, they have been great as they have gone through and resolved these issues and he stated that they are in full concurrence with staff recommendation. They look forward to further discussions as they get into more complex details of the development of the Western Lands. Commissioner Dzadovsky thanked Mr. Ferguson and the stakeholders and landowners who have taken part in this process over the years. He also gave kudos to staff for having worked so hard to find compromise and find solutions. He asked if his clients are inclined to drop the Burt Harris claim and move forward in good faith without that cloud of a legal case. Jonathan Ferguson responded that the representations made to staff as they worked through this were that if they reached this point, in all likelihood the lawsuits would be settled. He explained that he is not directly involved in the litigation so he will leave that up to the litigators and the County Attorney's office. Commissioner Dzadovsky stated that he would support that effort as he feels that staff has worked well with the landowners and stakeholders to find a positive result and he feels that would show good faith on both sides. Jonathan Ferguson explained that the basis for the Burt Harris claims was the interpretation of the open space but with the removal of that, the fundamental dispute goes away and he sees no reason why the lawsuits would need to continue. He feels this is reasonable and logical compromise. The good development comes through the cooperation of both parties. 131Page BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Commissioner Johnson thanked Mr. Ferguson for the efforts made to work with staff. He also thanked Kara Wood and the Planning and Development Director for their hard work and he looks forward to moving forward on this. Jonathan Ferguson gave kudos to the Board because staff simply follows the policies established by the Board. Commissioner Hutchinson stated that it is with a great deal of pride and patience that they have reached this point and she also gives kudos to everyone involved, both the public, staff and the boards. Sometimes it's worth taking a second look at things and being more open allows them to have more creativity and control without all of the restrictions. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 4. Land Development Code text amendment to revise regulations related to residential development in AG-5 and AG-2.5 - First Reading Staff gave a presentation (filed with the Clerk) on the County -Initiated Amendments to Revise Regulations Related to Residential Development on AG-5 and AG-2.5 Lands and addressed both items VIIB3 and VIIB4 concurrently. Notice was published as required and there was one public comment in opposition. That person thought that this amendment increased development pressures or increased the intensity of development. She explained that this doesn't increase the amount of development that can occur and the intensity will remain the same. Staff recommended that the Board approve this for a second adoption hearing when the associated comprehensive plan text amendments return from the State Department of Economic Opportunity. Commissioner Mowery asked to review the map and questioned if this picks up any of the TVC. Staff advised that it does not as it is fundamentally different from the Western Lands. The Planning and Development Director addressed the Board regarding the presentation. He explained that as they looked at what was trying to be achieved in the 80/20 of the open space development portion of the PUD, the agricultural lands are different. As they looked at the PUD's that got approved, what they found was that the best plans didn't meet the 80/20. He talked about some examples. He feels that staff can achieve really good results working with the landowners and they will achieve a lot of what is intended within the PUD regulations and within the rest the requirements of the Land Development Code and Comprehensive Plan. 14 1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Jonathan Ferguson addressed the Board on behalf of a large number of the landowners in the western part of the county. They have appreciated working with staff, they have been great as they have gone through and resolved these issues and he stated that they are in full concurrence with staff recommendation. They look forward to further discussions as they get into more complex details of the development of the Western Lands. Commissioner Dzadovsky thanked Mr. Ferguson and the stakeholders and landowners who have taken part in this process over the years. He also gave kudos to staff for having worked so hard to find compromise and find solutions. He asked if his clients are inclined to drop the Burt Harris claim and move forward in good faith without that cloud of a legal case. Jonathan Ferguson responded that the representations made to staff as they worked through this were that if they reached this point, in all likelihood the lawsuits would be settled. He explained that he is not directly involved in the litigation so he will leave that up to the litigators and the County Attorney's office. Commissioner Dzadovsky stated that he would support that effort as he feels that staff has worked well with the landowners and stakeholders to find a positive result and he feels that would show good faith on both sides. Jonathan Ferguson explained that the basis for the Burt Harris claims was the interpretation of the open space but with the removal of that, the fundamental dispute goes away and he sees no reason why the lawsuits would need to continue. He feels this is reasonable and logical compromise. The good development comes through the cooperation of both parties. Commissioner Johnson thanked Mr. Ferguson for the efforts made to work with staff. He also thanked Kara Wood and the Planning and Development Director for their hard work and he looks forward to moving forward on this. Jonathan Ferguson gave kudos to the Board because staff simply follows the policies established by the Board. Commissioner Hutchinson stated that it is with a great deal of pride and patience that they have reached this point and she also gives kudos to everyone involved, both the public, staff and the boards. Sometimes it's worth taking a second look at things and being more open allows them to have more creativity and control without all of the restrictions. 15 1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 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 A. COUNTY ATTORNEY 1. Sales Tax Refunding Revenue Bonds, Series 2013A and 2013B The County Attorney provided background on the Master Sales Tax Bond Resolution and addressed both items VIIIAI and VIIIA2 concurrently. He explained that they have the opportunity to refund certain sales tax revenue bonds that were issued in 2003 and 2005. The interest rates at the time ranged and the outstanding principal amount is about $61 Million. The interest rates are historically low. He read a portion of a memorandum from Mr. Jay Glover (filed with the Clerk) into the record. Staff recommends that the Board approve the Bond Resolutions. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Sales Tax Refunding Revenue Bonds, Series 2013A and 2013B RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Items Moved from Consent 3. Warrant List No. 31 and 32. RESULT: ANNOUNCED Motion to: Motion to Approve Warrant List Nos. 31 and 32 This item was pulled from the Consent Agenda for a separate vote. 16 1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM RESULT: ADOPTED [4 TO 01 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 expressed his thanks again to stakeholders, staff and the community. We will be under development pressure soon as the economy is turning around. To solve these issues in advance of development pressures is going to make our county attractive to outside development and allow us to round out our economic plan for the future. He also thanked the County Administrator. Commissioner Mowery talked about some of the upcoming projects such as a new Hess facility in Port St. Lucie at the intersection of Midway and I-95, Campers World and La Mesa that will be going in soon as well. He also mentioned Hospital expansion project and the fees being generated by that project. Commissioner Hutchinson commented that it's not if the development is coming, it's when. One area of concern is Midway road and she explained why. DOT is willing to move forward to take that section under a federal process which cuts down on the time if the County will take on the cost of the design and planning. She asked that the Board keep it in the back of their minds going into strategic planning. Commissioner Mowery stated that a lot of the development will be going on within the City of Port St. Lucie. He was reviewing the development review map with the County Administrator for that area and looking at the proposed developments and they are seeing some momentum. He also mentioned the opportunities for the utilities economic revenue. Commissioner Dzadovsky discussed the possibility of a turnpike access at Midway Road. Commissioner Hutchinson stated that there is too much eminent domain that would have to take place on the four corners of that section. It would have to be "Sunpass Only" as they are not interested in putting an access point there. Commissioner Dzadovsky responded that now several of the surrounding properties are in foreclosure so this may be a good time to take a look at it and possibly have willing sellers. Commissioner Hutchinson stated that there may not be enough time with the development coming. That is going to be a bottleneck with the hurricane evacuation. The overpass has to be built no matter what. The interchange can be looked at down the road. She agrees that it is a good idea and she has been trying to go down that road. 17 1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM County offices will be closed on Monday, May 27, 2013 to observe Memorial Day. The Board of County Commissioners will hold the 2013 Strategic Planning Session June 12th thru 14th at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL X. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 18 1 P a g