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HomeMy WebLinkAboutMinutes 09.03.2013S■TkOL■NI 1 E COUNTY F L 0 R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting September 3, 2013 Convened: 6:03 PM Adjourned: 10:28 PM I. CALL TO ORDER The meeting was called to order at 6:03 PM by District No. 2, Chair Tod Mowery Attendee Name Title Status Arrived Tod Mowery District No. 2, Chair Present 6:03 PM Frannie Hutchinson District No. 4, Vice -Chair Present 6:03 PM Chris Dzadovsky District No. 1 Present 6:03 PM Paula A. Lewis District No. 3 Present 6:03 PM Kim Johnson District No. 5 Present 6:03 PM Faye Outlaw County Administrator Present 6:03 PM Bob Bentkofsky Deputy County Administrator Present 6:03 PM Heather Younq Asst. County Attorney Present 6:03 PM Katherine Barbieri Asst. County Attorney Present 6:03 PM Mark Satterlee Planning & Dev Director Present 6:03 PM Tara Ra more Director of Human Resources Present 6:03 PM Karen L. Smith Environmental Resources Department Director Present 6:03 PM Don West Public Works Director I Present 1 6:03 PM Kelly Phelan Recording Secretary I Present 1 6:03 PM Generated 111312014 3:07 PM BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 1. Board of County Commissioners - BOCC Regular Meeting - Aug 20, 2013 9:00 AM 2. RESOLUTION - A resolution proclaiming September as Hunger Action Month Judy Cruz, CEO Treasure Coast Food Bank was present to accept the proclamation. She thanked the Board for wearing orange in support of those with food insecurities in our community. She talked about the food bank and explained that they are asking everyone to wear orange on Thursday to give a voice to this silent epidemic. 3. RESOLUTION - A resolution proclaiming September 28, 2013 as "National Estuaries Day - Hands Across the Lagoon" in St. Lucie County, Florida. Laura Diederick, Smithsonian Marine Station, was present with Kathy Hill, the Education Coordinator for the Indian River Lagoon, to accept the proclamation. She extended her appreciation to the Board and encouraged citizens to learn about the lagoon and provided information on the upcoming Hands Across the Lagoon event. 4. RESOLUTION - A resolution proclaiming September 2, 2013 as "Labor Day" in St. Lucie County, Florida Sean Mitchell, President of the Green Collar Task Force, was present to accept the proclamation and thanked the Board on behalf of the working families in St. Lucie County. 5. RESOLUTION - A resolution proclaiming September 4-11, 2013 as "Public Safety Memorial Week" in St. Lucie County, Florida. Chief Gary Wilson was present to accept the proclamation. He talked about the 911 attacks and how things changed in public safety as a result and thanked the Board on behalf of the public safety community. 21Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM 6. RESOLUTION - A resolution proclaiming the month of September 2013 as "National Sickle Cell Awareness Month" in St. Lucie County, Florida. V. PRESENTATIONS VI. GENERAL PUBLIC COMMENT Suzanne Eovaldi, 749 SW Aruba Bay, Port St. Lucie, FL addressed the Board in opposition to the Seven50 plan. Commissioner Dzadovsky responded to Ms. Eovaldi's comments and clarified that he did not say he was going to vote for anything. He said he wanted to hear the message of what was being presented as they haven't been given a plan yet. The following residents addressed the Board in opposition to the Seven50 plan: • Stephanie Austin, 6250 Arrowhead Ln, Vero Beach, FL • Phyllis Frye, 275 Date Palm Road, Vero Beach, FL • Mark Gotz,154 Magnolia Lakes Blvd, Fort Pierce, FL • John Moler,5217 NW Iredell Street, Port St. Lucie, FL Charles Grandy, 99505 S. Ocean Drive, Hutchinson Island, addressed the Board and thanked Don West for attending their fundraiser on Hutchinson Island this past weekend. He also suggested reviewing both Indian River and Martin counties new fertilizer ordinances and selecting the best items from each one. In addition, he talked about the AECom Report and the suggested list of projects as well as ideas regarding those suggestions and changes to the Port Master Plan. The following residents addressed the Board in opposition to the Seven50 plan: • Melinda Meikle , 1612 W Camino Del Rio, Vero Beach, FL • Janet Campbell, 188 Moccasin Trail, Jupiter, FL • Sam Sammuli, 2746 SE Eagle Drive, Port St. Lucie, FL Thomas Ladomirak, 2152 SW Madruga St., Port St. Lucie, FL addressed the Board regarding the upcoming 911 memorials. He talked about the port project and creating an independent port manager and feels the city and county should fund that jointly and went on to explain the benefits of doing so. He also commented on the depth at the port and why he feels it's a good idea to increase it. In addition, he talked about the water flow from Lake Okeechobee and that it needs to be diverted south as well as the current water quality. He also wants to see the Crosstown Parkway completed as soon as possible and mentioned that he is in opposition to the Seven50 plan. The following residents addressed the Board in opposition to the Seven50 plan: • Dave Griffin, 1981 SE Mandrake Circle, Port St. Lucie, FL • Mary Burton, 5209 Silver Oak Drive, Fort Pierce, FL • Matthew Rensen, 2833 SE Peru Street, Port St. Lucie, FL 31Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM Veronica Novak, 42 N. A1A, Fort Pierce, FL Dickie Brooks, 924 Jackson Way, Fort Pierce, FL, addressed the Board in support of the Planning Department's recommendation to deny the requested wetland waiver and site plan approval for Marisol. The following residents addressed the Board in opposition to the Seven50 plan: • Thelma Komo, 2746 SE Eagle Drive, Port St. Lucie, FL • Gerry Bullock, 3120 N. A1A, Fort Pierce, FL Gwen Morris, 1720 Timberlake, Fort Pierce, FL addressed the Board regarding the recent port meeting. She was disappointed that it wasn't televised and went on to talk about how important the development of the port is to the community. She thanked the Board for moving forward with Phase II and wants to see us have more collaboration to develop a plan to move forward with. Richard Sylvestri, 5708 Buchannan Dr, Ft Pierce, FL addressed the Board regarding comments from National Geographic magazine and his concern for the depleting staghorn coral on our reefs and the threat of rising temperatures and rising sea waters. The following residents addressed the Board in opposition to the Seven50 plan: • Linda Otterson, 1450 SW Cellini Ave, Port St Lucie, FL • David Luke, 1112 Beach Ct, Fort Pierce, FL also commented on a previous discussion as it relates to the credibility of National Geographic magazine. • Paul Schall, 6008 Birch Drive, Fort Pierce, FL also commented on the wetland waiver on the agenda and explained he supports the request because building will stimulate our economy and discussed the reasons he would support that project. Commissioner Dzadovsky welcomed Mr. Schall to come back and listen to the presentation on the wetland waiver later because the item is more complicated as it is more than just a wetland; there is a Native American burial ground on the property. The following residents addressed the Board in opposition to the Seven50 plan: • Roland O'Brian, 21 Villa Del Norte, Fort Pierce, FL • Peter Bullock, 3120 N A1A #1505, Fort Pierce, FL • Judy Culpepper, 7921 Plantation Lakes Drive, Port St. Lucie, FL John Arena, Fort Pierce Resident addressed the Board regarding his concerns including his opposition to the seven50 plan, drug use, and the lagoon. Commissioner Mowery asked staff to provide a timeline should this item move forward. The County Administrator responded that the Regional Planning Council staff expects that the draft report will be released in early October for public input. On October 18 there is a joint meeting of the two councils scheduled to review the draft plan. In mid -December the Treasure Coast Planning Council will take another review and provide comments. Sometime between 41Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM November 2013 and February 2014 they will do presentations to the various governmental bodies on the plan. She reviewed the Board's options and explained that the study should be completed and submitted by February 2014 so the public will have an opportunity to be present and provide input. Commissioner Dzadovsky suggested that a representative of the group provide their contact information so that they are aware of when the meeting will take place. Commissioner Mowery recapped and asked if the Assistant County Attorney had any comments from a legal standpoint. The Assistant County Attorney clarified the county's role in the zoning process in land -use planning. Under the Florida Constitution, the counties are granted broad home rule powers. The Florida legislature specifically addressed the zoning authority of the County and delegated that power. Land -use powers are also awarded to the County so if there are going to be any changes to the County's authority and power to deal with local zoning issues, that would require changes to the Florida statutes and that would be done by the Florida legislature. Commissioner Mowery talked about the Westchester County case because in that case the Westchester county cities, their zoning laws were affected as a result of that settlement that occurred. He questioned what would stop HUD from mandating or forcing a change to occur to the counties established zoning ordinance land use and plans that are in place. The Assistant County Attorney responded that she can't speak fully to New York law because she's not admitted to the New York bar but it's her understanding that in that case it was initially started by a private housing advocacy group that sued Westchester County and brought HUD into the lawsuit. The resulting settlement agreement dealt with issues that are of concern here tonight. Each case will have to be looked at separately. Once the Board receives the draft plan, there will be multiple opportunities for this Board and the members of the public to comment before anything might be finalized by the Regional Planning Council. Also, there are those legislative protections with regard to the County's zoning powers. Commissioner Mowery clarified that through their lawsuit they were required as a result of the penalty phase to make those modifications. The Assistant County Attorney responded that it was a settlement agreement so for whatever reason that was the agreement that they entered into to end the lawsuit. The County Administrator reiterated that the plan will be available to the public in addition to the governing bodies for input. Commissioner Mowery talked about moving forward and explained that he has no strong feelings towards this plan. Commissioner Dzadovsky commented that they haven't received the draft or anything that could possibly be approved so doesn't feel they are able to know what they might agree to. He explained that they've been very transparent with the public. In this case and if there is a plan that comes forward, they will consider approving it; it will be in an agenda item and be fully provided to the public for comment. 51Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM Commissioner Mowery asked whether or not the plan is adopted, what action may be requested from this Board. The County Administrator explained that the Regional Planning Council will provide a couple of options and actions will vary. She described the options and explained that it's not a requirement that the Board adopt the plan; they can elect not to take any action or support certain portions of it. Commissioner Mowery asked the Assistant County Attorney if this plan has bound us in any way shape or form as a result of our participation. The Assistant County Attorney responded that the County did not provide any funding for this project; they agreed to participate in the sense of providing data. If the Board was to decide that there were parts that they wanted to be implemented, that would be done through an ordinance procedure that would amend the land development code or code of ordinances as might be necessary. Until the Board has something in front of them, there's nothing to act on so there's nothing obligating the Board one way or the other. Commissioner Mowery clarified that the actions taken place in Indian River County were actions where they decided to no longer participate. That plan still involves the County and the city of Vero. The County Administrator explained that it will still include all the data analysis that was done because it was paid for by HUD so will be part of the study. Commissioner Mowery asked for clarification as to what it means by pulling out of the study. The County Administrator responded that she understands it to mean that Indian River County does not support the concept of the Seven50 plan. Commissioner Mowery asked what it means from a technical standpoint. If it will still include them, what is technically done by them saying that they are no longer part of it. The County Administrator responding, nothing that she is aware of because the data will still be incorporated in the final report. The Assistant County Attorney responded that she's not sure that it does anything more than that if they already have the data then they're going to use it for the plan. The one thing it does is indicate that they don't intend to implement any of the recommendations that might be in the plan and they've made that decision already for themselves but she doesn't feel that it does anything more than that. The study will include the data as it does from all the other counties and make whatever recommendations it is going to. Commissioner Dzadovsky commented that from a legal standpoint this is done every decade through the Census project. The Census data is something that's been done and is available anyway. The Assistant County Attorney responded that is correct. She doesn't know what other kind of information they obtain from Indian River County but as with us, assumes that it would be public record and be available to anyone that requested it. 61Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM The Assistant County Attorney asked the Board to take in consideration directing staff to follow up with the Regional Planning Counsel with whatever action the Board wants to take. The sooner that we can get the presentation on the draft report the better as opposed to having it scheduled at the back end of the timeline. She would like to get permission from the Board to express to the Regional Planning Council that they would like to be on the early end of the presentations so that this issue can be brought to a head one way or another. Commissioner Dzadovsky requested the item be agenda so everyone is aware. Commissioner Hutchinson would support that because the sooner the better. She explained that as elected officials, they are charged with not making a decision until they have all the information. The Board is asked to be fair in their judgments and take the time to hear both sides even though it is hard sometimes to keep personal feelings to the side. She explained that everyone's comments are heard and appreciated including their emails and letters and references to websites. It puts the Board at a disadvantage to be asked publicly prior to the information being presented and the Board being asked to vote on where they stand, it's not fair to either side regardless of the issue. She would hope that the citizens would want the Board to be non -judgmental, honest and gather all the information and then make an informed decision. She asked the public to bear with the Board until the plan comes out. Commissioner Lewis reiterated they have not yet seen a plan. She explained that she was put here to gather all information possible, to take input, consider it carefully and evaluate the information she gathered. The plan is not compiled as of yet and she's taken into account the principles that have been presented and listen to all of the views that have been brought forward. As Commissioner Hutchinson indicated, she stated her job is to get together all of the information she can possibly find and sit down and carefully consider those things. Until she has full information, she feels that she is doing the public and the Board a disservice by presenting a decision offhand. She feels it's too soon to make a rush to judgment. She requested that the people who are going to do the presentation, to do so as soon as possible and also asked the public to read the full plan and continue to provide their input. Commissioner Johnson concurred with his colleagues. He explained that he learned that he has to listen to everyone. He is committed to not making a decision without the opportunity to hear all sides. He commented that the Board has everyone's best interest at heart and they want to be in a position where they can help, guide and lead the County to the next level as they have committed leaders. Commissioner Mowery talked about his experience as a city manager. He commented that as a whole, he's seen a lot of decency and solid commitments from this Board to work together to represent the County as best that they can. He thanked the Board for being what they are and regardless of the topic, they are there to work to the issues and give their effort to do what they believe they've each been elected to do. He stated that he has not cared for the plan but in the end they'll be able to express their opinions of the plan as it comes forward. The Board of County Commissioners recessed at 8:41 pm. The Board of County Commissioners reconvened at 9:04 pm. 71Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM Commissioner Dzadovsky commented that he's been contacted several times today regarding the state of emergency resolution that was discussed a recent workshop. Many of the public felt that it was being brought forward tonight but it is his understanding that they are trying to find suitable language that will be appropriate for multiple counties to come into an agreement so everyone can come together as a strong voice. That item will be brought back the next meeting on September 17t" Commissioner Mowery understood that they had asked staff to pull up what had been previously done with Tropical Storm Faye. He thought it was the Governor's actual declaration that they were reviewing versus our own as there was not as many benefits of doing a local declaration. Commissioner Dzadovsky commented that they asked staff to review how a state of emergency would go. Our resolution was to encourage the Governor to file a state of emergency on behalf the County. The hope was to share that information with Martin County and other counties. Commissioner Mowery thought it would be a state declaration. He met with some representatives, a couple of the Martin County commissioners today and staff trying to talk about what was discussed at the workshop as far as presenting the options and reasons why we would want the governor to move forward on this declaration. He asked if it was the intent to discuss the local declaration at the next meeting. Commissioner Dzadovsky clarified that it is the resolution to encourage the governor to file the state of emergency. If that doesn't happen then they will bring it back and file our own state of emergency because we need to be able to take action. As Commissioner Mowery indicated, local action at the County level would be limited compared to the state of emergency declared by the state. The draft version is been sent to other counties so we can be a stronger voice with multiple counties to encourage the governor. Commissioner Hutchinson talked about the discussion at the recent workshop where they asked the chair to reach out to other county commissioners and state representatives. She just wanted to make sure that he's had the opportunity to do that before they go down this road. She requested that they bring this forward at the next informal meeting to determine if the he has had an opportunity to do that before moving forward with a date certain. Commissioner Mowery commented that he has a meeting with Senator Negron coming up. By that time he would've met with all of the state representatives. Commissioner Hutchinson wants be able to determine if they have reached a consensus. The Board directed staff to bring this item forward at the next informal meeting for updates and further discussion. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM 1. This Item Moved to the Regular Agenda Warrant List number 46 was pulled from the consent agenda for separate vote. 2. Warrant List No. 47 B. COUNTY ATTORNEY 1. RESOLUTION - Allowing Landowners to Consent to the Imposition of Special Assessment for Solid Waste; Collecting Assessments Against Assessed Property Located Within Unincorporated St. Lucie County 2. Verada Ditch Improvement Project - Permission to Sue C. ADMINISTRATION 1. Fort Pierce Utilities Authority In -Kind Repayment for the Treasure Coast Education Research and Development Authority (TCERDA) Fiber Optic Installation at the Treasure Coast Research Park. 2. 2014 State Legislative Issues Requests D. COMMUNITY SERVICES RESOLUTION - Community Services Block Grant FY14 E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000013142 2. Corizon Inmate Health Care Invoice No. CZN000013144 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 91Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES 1. Bid No. 13-033; Terminal Apron Improvements Award 2. Bid No. 13-045; Installation of Runway End Indicator Light System (REILs for Runway 28L) Award 3. Bid No. 13-047 Taxiway Al and Related Work 4. Reconstruction of Taxiway D1 - Construction Services 5. Avalon Beach PUD Unit 1 Plat L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Harmony Heights Stormwater Improvements Phase I South Acceptance of Project 2. Repairs to Prima Vista Boulevard Bridge over St. Lucie River 3. Orange Avenue at North St. Lucie River Water Control District (NSLRWCD) Canal 56 Culvert Replacement - Acceptance of Project 4. Cumberland Farms, Inc. - South 25th Street and Midway Road 5. RESOLUTION - Street Lighting Special Assessment Districts - Annual Assessment Resolution N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 10 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM 1. Solid Waste Final Assessment Resolution The Assistant County Attorney provided background on the proposed Solid Waste Final Assessment Resolution. Staff recommended that the Board adopt the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Code Enforcement Case No. 73474, 3307 Delaware Avenue, Fort Pierce, FL Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background code enforcement case # 73474 at 3307 Delaware Ave., Fort Pierce, FL. She explained that it has been cited six times since 2002 and there are currently liens on the property. Notice has been made as required. Commissioner Dzadovsky acknowledged this being a Quasi -Judicial item and informed the Board that he has received letters from some of the neighbors but has not heard from the homeowner. Commissioner Hutchinson acknowledged this being a Quasi -Judicial item and informed the Board that she has received emails and phone calls from some of the neighbors. She commented that she noticed this has been an ongoing issue and questioned and if any of the past liens have been paid. Staff responded they have not and they are currently accruing. There are three liens on the property for total of $15,000. A fourth lien is accruing and that would make the total $20,000 and they are payable at the time when the property would be sold. Commissioner Hutchinson questioned if those liens can be paid off sooner. Staff responded that they could be paid off sooner. Commissioner Dzadovsky acknowledged this being a Quasi -Judicial item and informed the Board that he has not had any contact with the homeowner or spoken to any of the neighbors. Commissioner Lewis acknowledged this being a Quasi -Judicial item and informed the Board that she received one letter that she believes was sent to everyone. Commissioner Mowery acknowledged this being a Quasi -Judicial item and informed the Board that he also received a letter, he is spoken with staff and taken a drive by the property with staff. Gregory Glafenhein, Property owner, 3307 Delaware Ave, Fort Pierce, FL, addressed the Board regarding the liens. He also talked about the pictures of the property that were taken by code enforcement and explained that he had 11 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM fallen on hard times and he's making attempts to clean up the property. He provided the Board with background regarding the property and his situation. Commissioner Dzadovsky talked about the Neighborhood Enhancement Action Team (NEAT) and offered to help by gathering volunteers to assist him if he will agree to make the improvements within 30 days. Gregory Glafenhein responded that he is open to that and he will be happy to meet with the Commissioner and take him up on his offer. Commissioner Dzadovsky talked about those that may be willing to assist. He asked staff if it's possible to work in a 30 day period and again asked for the homeowner's commitment and explained that if this doesn't happen within 30 days this item will come back before the Board. Gregory Glafenhein responded that he will meet with the Commissioner. Commissioner Dzadovsky talked about finding compliance so that they keep the peaceful neighborhood. Commissioner Johnson commended the owner for coming in for the hearing and accepting help. He's also willing to help the homeowner with the cleanup. Commissioner Mowery talked about the state of the property and explained the yard is well manicured and that isn't the concern it's more people's perception. He felt that there are other properties in the neighborhood that look worse than this property and talked about the timeline of what happened with this property over the years. He also asked if the County performed $15,000 worth of work to equal to the liens. Staff responded no they have not. Commissioner Mowery continued to talk about the property and just wants to make sure that this property is treated the same as the other properties and isn't treated differently just based on where it is located. He expressed his concern regarding the liens placed on the property. Gregory Glafenhein agreed that he will get rid of some of the artwork if it's necessary. Richard Sylvestri, 5708 Buchannan Dr, Ft. Pierce, FL addressed the Board and advised that he would also be willing to help the homeowner by offering the use of his trailer. Phyliss Castro, 3405 Delaware Ave, Ft. Pierce, FL addressed the Board regarding the property. She provided background about the area and explained that she wants to bring the neighborhood back to what it was. She said they have seen a great improvement in the property recently; however, there are still a number of items that are not within code. She listed each of 12 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM the items that she is having concerns with and also explained that she has an email from the principle of St. Anastasia School regarding the property. Commissioner Johnson responded that he understands but the homeowner is willing to comply and he thinks that they can make it work. Commissioner Dzadovsky talked about when he was on the city code board what they tried to accomplish was simply to gain compliance. He asked Ms. Castro if she is willing to give it 30 days. Phyllis Castro responded that she is. Commissioner Dzadovsky asked about an ordinance regarding barbed wire. Staff responded that there is no ordinance prohibiting barbed wire in a commercial zone. Commissioner Dzadovsky talked about fence installation and permitting and explained that he'll work with the homeowner regarding the fence. Ivan Peterson, Fort Pierce Resident, addressed the Board regarding his concern that people driving down Delaware Road, both visitors, residents and people from all over that go to the Catholic Church, see the condition of this property as they pass by. Karen Emerson, 3503 Fontaneda Ave, Fort Pierce, FL, addressed the Board regarding her concerns as a relates to this property. She explained that she appeared before the Board in 2010, the owner was given a number of days to comply and talked about the process that has transpired since then. She discussed her concerns regarding county code as it relates to this property. Commissioner Lewis asked staff about what happened with the permits pulled for fencing. Staff responded that the permits were issued but no final inspection was done. The homeowner has since contacted Building Department and inspector has been out recently. The permit is going to be modified so the homeowner can do some additional fencing. Commissioner Dzadovsky made a motion to table this item for 30 days with the agreement by the homeowner to move into compliance and permit him and staff to come out, review the needed changes and complete those items within 30 days. The Assistant County Attorney recommended that rather than table the item, that they continue it until the next meeting so that it's date certain. Commissioner Dzadovsky amended his motion to continue this hearing to the next meeting scheduled for October 1st at 6 PM. 13 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM B. C. Commissioner Hutchinson commented that she's glad to see this moving in this direction; however, the homeowner's history gives her pause but she will give him the benefit of the doubt for 30 days. Commissioner Dzadovsky commented on the potential outcomes if this case UUCb CIIU Up CUIIIIIIy UdUK UUIUIU LIIC DUdIU III LIIC IULUIC. RESULT: TABLED [UNANIMOUS] Next: 10/1/2013 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. Code Enforcement Case No. 75387 - 181 Bonita Court, Port St. Lucie, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background code enforcement case # 75387 at 181 Bonita Court, Port St. Lucie, FL. Staff recommended that the Board authorized staff to abate the violations by removing the unserviceable vehicle, removing the junk trash and debris, mow the excessive overgrowth, remove the boat and trailer in the back and secure the house by boarding it and placing a lien on the property for the cost. Notice was provided as required. Commissioner Dzadovsky just wanted to clarify they were unable to contact the owner. The Assistant County Attorney responded that is correct, staff has been unable to reach anyone. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson ENVIRONMENTAL RESOURCES ORDINANCE - Shoreline Protection Section of the Land Development Code Staff gave a presentation, "Shoreline Protection Code Revision" that was filed with the Clerk. She advised the Board that this is the second public hearing and staff recommends approval of the ordinance. Commissioner Dzadovsky commented that he is very pleased because the buffer will be very helpful in keeping nutrients from the waterways. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson PLANNING & DEVELOPMENT SERVICES 14 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM 1. Development Agreement between St. Lucie County and Lucie Rock, LLC (First Public Hearing) Items VIIICI & IXA2 were heard concurrently. Staff gave a presentation, "Board of County Commissioners, September 3, 2013, St. Lucie Commerce Center Development Agreement, Lucie Rock, LLC and the SLC Board of County Commissioners" that was filed with the Clerk. Staff recommended that the Board authorize the second public hearing be held on September 17, 2013. Also see Item #IXA2 as these items were heard concurrently. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. RESOLUTION - Rezoning from AR-1 (Agricultural, Residential - 1 du/acre) to IH (Industrial Heavy) - Quasi -Judicial - 2nd Public Hearing Staff gave a presentation, "County -Initiated, Ft. Pierce LLC Rezoning, Board of County Commissioners, September 3, 2013, Item No. VIII-C2: Rezoning From: AR-1 (Agricultural, Residential - 1 du/acre) To: IH (Industrial, Heavy)" that was that with the Clerk. Staff recommended adoption of the resolution. Each of the members of the Board acknowledged this being a Quasi -Judicial item; however, there were no disclosures to be made except for Commissioner Dzadovsky. Commissioner Dzadovsky acknowledged this being a Quasi -Judicial item and informed the Board that he has met with the applicant's parties. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IX. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES 1. Resolution 2013-166 - Wetland Waiver and Major Site Plan Approval for Marisol Staff explained that the applicant is requesting that this item be continued so that they can come up with a site plan that staff can approve. Commissioner Mowery clarified with the applicant that they want to continue the hearing. The applicant responded that is correct. Commissioner Dzadovsky encouraged the applicant to work with staff and also asked that they take a close look at the Indian burial ground area. 15 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM Commissioner Johnson has spoken with the applicant they are working with staff. The Board took no formal action and this item was continued to an unspeciried date. RESULT: TABLED [UNANIMOUS] Next: 10/1/2013 6:00 PM AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Resolution - St. Lucie Commerce Center Major Site Plan See Item # VIIICI as these items were heard concurrently. Staff asked that condition 7 be modified to remove a statement that would require signalization prior to issuance of the first certificate of occupancy rather than building permit or plat. The applicant is aware and in agreement with the modification. Commissioner Dzadovsky questioned if the existing lake was part of this property. Staff responded that is accurate. The parcel is zoned for industrial extraction; the lake is a result of previous mining activity. Commissioner Dzadovsky expressed his concerns regarding storm water retention and asked if the retention, detention and cleansing cells will be enough to manage storm water before goes into the canal. Staff responded there were preliminary drainage calculations and preliminary conceptual engineering plans that were reviewed by their water quality division. Permits will have to be pulled and if that does not meet the storm water needs that will have to be provided. Lee Dobbins, Attorney with Dean, Mead, Minton & Zwemer, addressed the Board on behalf of the applicant and explained the team is present to answer any questions. He apologized that the applicant isn't present; he was unable to attend due to a family illness. He addressed questions regarding drainage and introduced Mr. Mathis from his team to address those concerns. Mr. Mathis addressed the Board on behalf of the applicant and explained what has been done to address the storm water concerns. Commissioner Dzadovsky thanked the team for their efforts regarding storm water. Lee Dobbins thanked staff for their efforts working on the development agreement as they have been working on it for some time. Commissioner Dzadovsky talked about the opportunities that this provides. 16 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM B. C Commissioner Lewis made a motion to approve this resolution including the modification of condition number 7 as requested by staff. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. RESOLUTION - Eminent Domain Waiver Eligibility for Three Florida Department of Transportation (FDOT) Public Transportation Projects Staff gave a presentation, "Eminent Domain Waiver Resolution 13-168, Board of County Commissioners, September 3, 2013, Item No. IX-A3: Eminent Domain Waiver Eligibility for Three Florida Department of Transportation (FDOT) Roadway Widening Projects" that was filed with the Clerk. Staff recommended adoption of the resolution. Brad Curry, Land Design South, was present to answer any questions. Commissioner Johnson later added that he did meet with FDOT on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson WARRANT LIST # 46 1. Motion to: Approve Warrant List # 46 Warrant List number 46 was pulled from the consent agenda for separate vine wiLri %,urnrnissiuner nuLcninsUn ausLaininy. RESULT: ADOPTED [4 TO 0] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson NON -AGENDA ITEM- DISCUSSION Commissioner Hutchinson asked the Board for support regarding the recently distributed letter to South Florida Water Management asking for support because the letter will have to go before their Board. It is asking their support to send a plan to Washington DC in regards to 10 mile Creek without violating the lawsuit and they need to be able to get the October timeframe. She explained that no changes were made to the draft letter that they were shown. Commissioner Mowery applauded Commissioner Hutchinson for her efforts with the Army Corps. With everything that's been going on, it would be dynamic to have something take place so he supports her efforts. Commissioner Hutchinson responded it was very promising with the District Army Corps and they were very supportive of some of the ideas along with South Florida. 17 1 Page BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM It was the consensus of the Board to support Commissioner Hutchinson's request to send the letter to South Florida Water Management. D. NON -AGENDA ITEM: APPOINTMENT 1. Motion to: Ratify Commissioner Lewis' appointment to the Investment Committee. Commissioner Lewis asked for ratification of her appointment of Dan Kurek to the St. Lucie County investment Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson X. ANNOUNCEMENTS Commissioner Dzadovsky thanked all of the volunteers for their participation planting trees at Raccoon Island this weekend. 1. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 5, 2013 at 6:00 p.m. in the County Commissioners Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 10, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 3. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, September 19, 2013 at 9:00 a.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 4. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 19, 2013 at 6:00 p.m. in the County Commissioners Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 5. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 24, 2013 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 34982 XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. �.. BOCC Regular Meeting Tuesday, September 3, 2013 6:00 PM Joseph E. Smith Clerk of Circuit Court Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 19 1 Page