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HomeMy WebLinkAboutMinutes 09.17.2013SiTkOLENIAMET-9h7L COUNTY F L 0 R I D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting September 17, 2013 Convened: 9:03 AM Adjourned: 10:58 AM I. CALL TO ORDER The meeting was called to order at 9:03 AM by District No. 2, Chair Tod Mowery Attendee Name 009 Title Tod Mowery District No. 2, Chair Frannie Hutchinson District No. 4, Vice -Chair Status Arrived Present 9:03 AM Present 9:03 AM Chris Dzadovsky District No. I Present 9:03 AM Paula A. Lewis District No. 3 Present 9:03 AM Kim Johnson District No. 5 Present 9:03 AM Faye Outlaw County Administrator Present 9:03 AM Bob Bentkofsky Deputy County Administrator Present 9:03 AM Daniel S. McIntyre County Attorney Present 9:03 AM Heather Young Asst. County Attorney Present 9:03 AM Edward Matthews Parks & Recreation Director Present 9:03 AM Don West Public Works Director Present 9:03 AM Beth Ryder Community Services Director Present 9:03 AM Marie Gouin OMB Director Present 9:03 AM James R. David Mosquito Control and Coastal Mgt. Serv. Director Present 9:03 AM Mark Satterlee Planning & Development Director Present 9:03 AM Tara Raymore Director of Human Resources Present 9:03 AM lack T. Southard Public Safety & Communications Director Present 9:03 Karen L. Smith Environmental Resources Department Director Present 9:03 AM Kelly Phelan Recording Secretary Present 9:03 AM Generated 111312014 3:17 PM BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 11. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzaclovsky, Lewis, Johnson 1. Board of County Commissioners - BOCC Special Meeting - Aug 13, 2013 9:30 AM 2. Board of County Commissioners - BOCC Regular Meeting - Sep 3, 2013 6:00 PM V. PRESENTATIONS VI. GENERAL PUBLIC COMMENT The following residents addressed the Board in opposition of the Seven50 plan: Peter Bullock, 3120 N. AlA, Fort Pierce, FL Carol Moler, 5217 NW Iredell Street, Port St. Lucie, FL Sam Sammuli, 2746 SE Eagle Drive, Port St. Lucie, FL Bob Golding, 11001 SW Dunhill Court, Port St. Lucie, FL Phyllis Frye, 275 Date Palm Road, Vero Beach, FL Gerry Bullock, 3120 N. AlA, Fort Pierce, FL John Davis, Treasure Coast Progressive Alliance, 5244 Compass Cove Place, Fort Pierce, FL, addressed the Board regarding his concerns for the state of the lagoon. He also extended an invitation to two upcoming events being held by the River Coalition who are advocates for the river. He also encouraged the Board to join Martin and Indian River Counties and adopt a stricter fertilizer ordinance. He is in support of the resolution requesting that the Governor issue a State of Emergency. Lastly, he addressed the Board in support of the Seven50 plan, Earths Rights program, a sustainable planet and social equity. The following residents addressed the Board in opposition of the Seven50 plan: Charlotte Musick, 1416 15 th Ave, Vero Beach, FL Mary Burton, 5209 Silver Oak Drive, Fort Pierce, FL Evelyn Warfield, 3462 SW Rivera Street, Port St. Lucie, FL, suggested to the Board that they shorten the time allotment for public comment. She addressed the Board regarding the Seven50 plan. She explained that the plan is a local initiative under local control with no enforcement mechanism and feels that each county will be able to determine if they want to implement the ideas in the plan. She is comfortable with the Sierra Club and the Audubon Society representing her because she trusts that they will do the right thing. The following residents addressed the Board in opposition of the Seven50 plan: 0 Mark Gotz, 154 Magnolia Lakes Blvd, Fort Pierce, FL 2 1 Pa g e BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM Joanne Carlton Humphries, 7449 Carlton Road, Fort Pierce, FL John Meikle , 1612 W Camino Del Rio, Vero Beach, FL David Griffin, 1981 SE Mandrake Circle, Port St. Lucie, FL Melinda Meikle , 1612 W Camino Del Rio, Vero Beach, FL Richard Sylvestri, 5708 Buchannan Drive, Ft Pierce, FL, addressed the Board in support of the Board passing the resolution requesting that the Governor issue a State of Emergency. He discussed the comments made at the last meeting he attended regarding stag horn coral as well as the Seven50 plan. He talked about climate change and the oil industry and their connection to the tea party. The following residents addressed the Board in opposition of the Seven50 plan: John Moler, 5217 NW Iredell Street, Port St. Lucie, FL Rick Modine, 1550 SW Apache, Port St. Lucie, FL William McNeally, 2507 Sunrise Blvd, Ft Pierce, FL addressed the Board regarding the state of the river and his concern that the reefs are collapsing. He feels that protecting the environment should be our top priority. He is also greatly concerned about the welfare of our dolphins. Commissioner Lewis commented that St. Lucie County does have a fertilizer ordinance; they are looking at it to determine if it can be improved. They did pass one that they worked on for over a year and it has been in place for some time. The following resident addressed the Board in opposition of the Seven50 plan: 0 Rose Marie Wilson, 1490 5 th Ave, Vero Beach, FL Commissioner Dzadovsky addressed Ms. Wilson's comment regarding his reaction to the public comment portion of the meetings. He reviewed his notes taken during the meeting to prove the point that he listens and pays attention when people speak during public comment. VII. CONSENT AGENDA Warrant List # 48 and Item VII-M2 were both pulled from the Consent Agenda for a separate vote with Commissioner Hutchinson abstaining. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. This Item was moved to the Regular Agenda 2. Warrant List No. 49 B. COUNTY ATTORNEY 3 1 Pa g e BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 1. Revocable License Agreement - Lynn and Julie Peterson - 8803 Indian River Drive 2. Deferred Compensation Program - Adoption Agreement and Participation Agreement 3. South Causeway Park - Sovereignty Submerged Lands Lease Renewal - BOT File No. 561391568 4. St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease between Fort Pierce FBO, LLC and American Jets, Inc. 5. Animal Shelter Standards Ordinance - Permission to Advertise for Public Hearing 6. FY 14 Health Department Grant Agreement 7. RESOLUTION - Set up a Revenue and Expense Budget for Legal Fee Reimbursement from Celebration Pointe This item was pulled from the Agenda prior to the meeting. C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES 1. Neighborhood Stabilization Program 3 (NSP 3) Invitation to Bid (ITB) No. 5 2. Housing Rehabilitation Program Homeowner/Contractor Contract Cancellation 3. State Aid to Libraries Grant and Annual Service Plan E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Award of Bid to Bayshore Construction, Inc. to Construct DI Wilcox Preserve Boardwalk G. HUMAN RESOURCES 4 1 Page BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 1. 2014 Employee Benefit Changes as Recommended by the Insurance Committee 2. Corizon Inmate Health Care Invoice No. CZN000013266 3. Resolution 2013-179 - Employee Handbook Update Approval H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. 1. OFFICE OF MANAGEMENT & BUDGET 1. Resolution 2013-174 - To establish the Budget for the St. Lucie County, Florida Sales Tax Refunding Revenue Bonds, Series 2013A and 2013B 2. Fixed Asset Inventory - Property Record Removal 3. Fixed Asset Inventory - Property Record Removal 4. Fixed Asset Inventory - Property Record Removal 5. Fixed Asset Inventory - Property Record Removal 6. Award of Bid No. 13-055, Pre -Qualification of Fencing Contractors 7. Award of Bid No. 13-052, Purchase of Pesticides, Herbicides and Fertilizers 8. Award of Bid No. 13-053, Purchase of Pesticides for the St. Lucie County Mosquito Control District J. PARKS, RECREATION, & FACILITIES 1. Award of Fairwinds Golf Course Bunker Replacement Project to QGS Development Inc. (Bid No. 13-057) 2. Rejection of Invitation to Bid No. 13-029 - ADA Improvements at John B. Park (Lawnwood) Sports Complex K. PLANNING AND DEVELOPMENT SERVICES 1. Parkway Plaza Plat No. 2 2. Treasure Coast Research and Education Park - Core Campus Plat L. PUBLIC SAFETY & COMMUNICATIONS 5 1 Pa g e BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 1. Resolution 2013-175 - Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant 2. Resolution 2013-176 - Emergency Management Preparedness Federally - Funded Grant (EMPG) 3. Resolution 2013-177 - Approve the updated Comprehensive Emergency Management Plan and Resolution M. PUBLIC WORKS 1. Port of Fort Pierce - North Second Street Reconstruction Project 2. This Item was moved to the Regular Agenda 3. CVS Drugstore - Towncenter Plaza 4. Acceptance of Project - Canals 82 and 83 Culvert Replacements at Shinn Road at North St. Lucie River Water Control District (NSLRWCD) 5. Award Bid No. 13-051, Concrete, Culvert, and Asphalt Installation N. SHERIFF'S OFFICE There are no items scheduled. 0. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. B. COUNTY ATTORNEY Resolution 2013-178 - Abandon a portion of a utility easement in palm grove subdivision The County Attorney provided background on this item that is a request to abandon a portion of a utility easement in the Palm Grove Subdivision as part of the property owner's house is encroaching on the easement. Staff recommended approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson PLANNING AND DEVELOPMENT SERVICES 6 1 Page BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM Development Agreement Between the Board of County Commissioners and Lucie Rock, LLC (2nd Public Hearing) Staff gave a presentation, "St. Lucie Commerce Center Development Agreement, Lucie Rock, LLC and the SLC Board of County Commissioners" that was filed with the Clerk. She advised the Board that the only change made since the first public hearing was updating the maps for consistency. Staff recommended adoption of the Development Agreement. Lee Dobbins was present to represent the applicant. He apologized to the Board on the behalf of his client who was unable to be present due to a family member being very ill. He was present with his team to answer any questions that the Board may have. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IX. REGULAR AGENDA A. ADMINISTRATION Children's Services Council of St. Lucie County The County Administrator explained that this item is to select nine applicants to send to the Governor for consideration to fill three seats on the Children's Services Council. Commissioner Hutchinson clarified that these are names that they send to the Governor who ultimately makes the decision. Commissioner Mowery responded that it is input; last year the Governor did not act on any of the names selected by the Board. Commissioner Hutchinson discussed the process and questioned if they should send all of the names to the Governor. Commissioner Johnson responded that by doing so he feels that would set a precedence going forward. Commissioner Mowery clarified that there are three seats available and they are looking for three recommendations for each seat. They currently have thirteen applicants but feels that the Governor has his mind set on certain types of applicants. Commissioner Johnson questioned if they felt that it doesn't matter who the Board recommends or the number or is there a question of the quality of the applicants. 7 1 Page BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM Commissioner Mowery responded that he isn't sure if it has to do with quality but perhaps his personal preference for the type of applicant. Commissioner Johnson felt that if personal preference is involved it would be good to know. They don't control who applies and they have to make a decision. Commissioner Lewis concurred with Commissioner Johnson and feels that they would be setting a precedence for the future by sending the whole list and she would prefer that they choose three for each seat. Commissioner Dzadovsky concurred with Commissioner Lewis and Commissioner Johnson that they send nine names. They are fortunate to have some very qualified people that have applied and he thanked all of the applicants. This is ultimately for the children. He feels that we should let the Governor know that these are the people that represent the people that we serve and feels it should be acted upon in short order. There was a consensus of the Board to move forward with the vote to select nine names to send to the Governor for consideration for the Children's Services Counsel. The Board voted and the ballots were collected by the County Administrator to be tallied. Later after the votes were tallied, the County Administrator read the votes for the record and the following applicants were selected: • Patricia Alley • Kimberly Clarizio • Chris Harris • Michael Lannon • Jason Matson • Hubert Melvin • Ghazanfar Saeed • Queen Townsend • Garry Wilson No vote was required on this item. B. PLANNING AND DEVELOPMENT SERVICES Road Impact Fee Credit Agreement for the Kolter Group, LLC Staff gave a presentation, "Road Impact Fee Credit Agreement, Kolter Group, LLC, Reserve DRI and Verano DRY' that was filed with the Clerk. Staff recommended approval. BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM C. 12 E. RESULT: ADOPTED [4 TO 0] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Frannie Hutchinson, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Tod Mowery COUNTY ATTORNEY Resolution 2013-180 - Requesting the Governor of Florida to issue a State of Emergency The County Attorney provided background on the resolution requesting that the Governor declare a State of Emergency to protect the Indian River Lagoon and its estuaries. Staff recommended that the Board adopt the resolution. Commissioner Johnson said he is proud of the Board for making the effort to do this. He thanked Commissioner Dzadovsky and all of those who were involved with the Six County Summit. Commissioner Mowery commented that the County Attorney sent a copy of the resoiution to the surrounding counties so they wiii noperuiiy roHow suit. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson ITEMS PULLED FROM THE CONSENT AGENDA 1. Motion to: Approve Warrant List # 48 This item was pulled from the Consent Agenda for a separate vote with FlULU1111bUll dubLC3111111y. 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 2. Acceptance from the Board of County Commissioners for the St. Lucie County Spoil Site Project This item was pulled from the Consent Agenda for a separate vote with Commissioner Hutchinson abstaining. RESULT: ADOPTED [4 TO 0] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson NON -AGENDA ITEM 9 1 Page BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 1. Motion to: Ratify Commissioner Dzadovskys appointment of Patricia Tobin to the Housing Finance Committee Commissioner Dzadovsky asked for ratification of his appointment of Patricia Tobin to the Housing Finance Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson X. ANNOUNCEMENTS The County Administrator reviewed the announcements. Commissioner Hutchinson advised the Board that she spent time in Ft. Lauderdale with FDOT; they had a very productive meeting and they looked very favorably on some of our projects. There will be some resolutions coming through for official action to get those projects jump started. Commissioner Dzadovsky commented that he takes his job very seriously and does his research. When he is confronted by someone who says that he doesn't pay attention, he stated that he will not sit silent. He said he is doing his research and will not stand and listen to someone say that he is not doing his due diligence or listening to the public. He explained that he takes notes on everything and his notes are all public record. He also expressed his concern that no minorities or indigent residents have come to speak about the Seven50 plan. 1. 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. 2. 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. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, October 1, 2013 at 9:00 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. 10 1 Page BOCC Regular Meeting Tuesday, September 17, 2013 9:00 AM 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. 11 1 P a g e