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HomeMy WebLinkAboutMinutes 10.01.2013SiTkOLENIAMET-9h7L COUNTY F L 0 R I D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting October 1, 2013 Convened: 6:03 PM Adjourned: 11:05 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 Tod Mowery District No. 2, Chair Frannie Hutchinson District No. 4, Vice -Chair Status Arrived Present 6:03 PM Absent 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 Daniel S. McIntyre County Attorney Present 6:03 PM Katherine Barbieri Asst. County Attorney Present 6:03 PM Marie Gouin Office of Management & Budget Director Present 6:03 PM James R. David Mosquito Control and Coastal Mgt. Serv. Director Present 6:03 PM Mark Satterlee Planning & Dev Director Present 6:03 PM Tara Raymore Director of Human Resources Present 6:03 PM Karen L. Smith Environmental Resources Department Director Present 6:03 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:03 PM Beth Ryder Community Services Director Present 6:03 PM Kelly Phelan- Recording Secretary Present 6:03 PM Generated 111312014 3:27 PM BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson 1. Board of County Commissioners - Tentative Budget Hearing - Sep 5, 2013 6:00 PM 2. Board of County Commissioners - BOCC Regular Meeting - Sep 17, 2013 9:00 AM 3. Board of County Commissioners - Final Budget Hearing - Sep 19, 2013 6:00 PM 4. Resolution 2013-185 - Proclaiming October 2013 as "National Disability Employment Awareness Month and National Down Syndrome Awareness Month" in St. Lucie County, Florida Adrienne Moore, Helping People Succeed, was present to accept the proclamation. She talked about how they help people with disabilities especially through their adult employment programs. 5. Resolution 2013-184 - Proclaiming October 2013 as "Residents' Rights Month" in St. Lucie County, Florida Kevin McKeown, District Ombudsman Manager, Treasure Coast Long - Term Care Ombudsman Program, and Patty Kafka, District Chair for the Treasure Coast Long -Term Care Ombudsman Program, were present to accept the proclamation. Kevin McKeown spoke about their organization that advocates for residents in nursing homes, assisted living facilities and adult family care homes. 6. Resolution 2013-183 - Proclaiming October 2013 as "National Domestic Violence Awareness Month" in St. Lucie County, Florida Commissioner Mowery invited everyone to participate in the upcoming "Walk a Mile in her Shoes" event on October 12th. Jill Borowicz, Safe Space, was present to accept the proclamation. She emphasized local domestic violence statistics and talked about the "Walk a Mile in her Shoes" event. In addition, they provided information on how to contact their organization. Commissioner Johnson commented on the upcoming event on Thursday. Jill Borowicz provided details for the Quarter Auction event at Grace Church. 2 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM V. PRESENTATIONS Commissioner Mowery commented that Commissioner Hutchinson is not present because she is in Washington working on some important items. The County Administrator gave an introduction for this next item and explained that the Mosquito Control and Coastal Services Director recently went to Tallahassee and testified as part of the hearing regarding the state of our river. He is present tonight to give the Board and update on the outcome. She talked about those that are currently in Washington and those that will be going to Washington soon to address some important issues. The Mosquito Control Director explained that he and the Chairman recently met with Senator Negron to go over some information that was collected at the Senator's request. This was done in order to analyze the conditions in the lagoon to frame St. Lucie County's perspective on what's happening in the Indian River Lagoon and provide some suggestions for trying to mitigate some of those impacts. Staff went to Tallahassee last week and made a presentation that discussed the concept of using an ocean pumping system to try to mitigate the effects of 4.2 billion gallons of fresh water moving up the lagoon that is threatening the sea grasses in St. Lucie County. The committee was very receptive to the idea of ocean pumping. They've been collecting data on the lagoon to try to determine what's going on and when and how to respond. He believes there are processes and procedures that they could take to reduce or dilute freshwater to protect the sea grass beds. The total amount of nitrates is estimated at over 80,000 pounds and that doesn't include the organics that are suspended in the water column that are shading sea grasses as the water moves northward in the lagoon. They would like to respond with something that improves the exchange of ocean water and improves the circulation where the freshwater is impacting the sea grass. They submitted a resolution supporting the issuance of an emergency executive order. He talked about the resolutions from Martin County, St. Lucie Village, and Indian River County. They believe that the executive orders are called for to deal with this situation as an emergency response similar to what occurs during an oil spill. Commissioner Mowery commented that they've met with various counties as well as state representatives to bring everyone up to speed as this issue has been one of the largest single significant impacts lately. VI. GENERAL PUBLIC COMMENT Commissioner Mowery advised that there was an add -on to the agenda. Commissioner Dzadovsky suggested giving the topic of the Seven50 Plan its own agenda item and explained why. He then made a motion to allow the 750 plan to have its own agenda item after the regular agenda. Commissioner Johnson commented that he feels that people will still address the issue during regular public comment. Commissioner Dzadovsky responded that there are hearings and other items where engineers, attorneys and planners are waiting to be heard who are being paid by the hour. He wants to give this item as much time as needed and this would give those businesses that are here paying 3 1 Pa g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM attorneys the opportunity to move through the county business first and then be able to hear this item. Commissioner Lewis commented that they could do that on a future agenda if they want to handle it that way; however, she doesn't want to rank the importance of the business. Commissioner Dzadovsky said he was asked to bring it forth by those folks that have to pay the bill. Commissioner Mowery suggested mingling the comments tonight so that not all one group is talking back to back. Mark Gotz, 154 Magnolia Lakes Blvd, Fort Pierce, FL, addressed the Board in opposition to the Seven50 plan. Roy Brewer, 6 Ore Grande Way, Port St. Lucie, FL was present to speak on behalf of the veterans that were present regarding the termination of Veteran Services Officer, Donna Carlson. He talked about the loss to the County and the circumstances surrounding her termination as he understood them. He asked the Board to call in an outside agency to investigate and also asked that the Veteran Services Office be restructured to report directly to the County Administrator to provide for better supervision and control. He also asked the County Administrator to look into Ms. Carlson's unemployment. Commissioner Mowery responded that some of the veterans came today to meet with the County Administrator. He asked if they received positive assistance and if they felt better about what they heard as opposed to when they came in today and they responded that they do. He explained the Board does not have the ability to be involved in personnel matters. The County Administrator addressed the personnel matter and explained that although it is not appropriate to go into the details about any personnel decision it is important to note for the record that the County utilizes a progressive disciplinary process. This was done in this case and unfortunately the end result was a separation. She explained at -will employment that is utilized by the County. She addressed the concerns of the veterans regarding operations and said that they have a shared goal to improve the Veteran Services Operations. She assured the veteran's community as well as the Board that they are committed to continually improving. She has met with the Veteran Services Manager to discuss suggestions that she received and has already given him direction to implement those immediately and is looking to implement other suggestions. She also wanted to clear up the misconception that the County no longer provides daily transportation to West Palm Beach which is not correct. They operate two vans, five days per week and if one is not in service, they have two backup vans. She also addressed the appointment policy and the concerns regarding the money that was taken and explained that those were donations and not County dollars so the matter was turned over to law enforcement. She committed to the Board and the community that the comments have been duly noted and will be taken with the utmost consideration. They intend to have a follow-up meeting at the end of this month to go over some more specific recommendations with the intent of moving forward to ensure the best services are being offered. Commissioner Mowery stated that the County is committed to providing the best possible services for our veterans so we are taking this matter seriously. 4 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Roy Brewer clarified that the missing money was taken by a County employee and that he would like to discuss this item further with administration. The Board recessed at 7:01 p.m. and reconvened at 7:08 pm. Commissioner Lewis stated that she was not aware that a presentation had been requested by the Seven50 group. She discussed the possibility of having a presentation as there may be some information that has not been brought forward at this point because of the length of time of each public comment segment. She asked the Board if they want to consider having a presentation for a future meeting. Commissioner Dzadovsky explained that was part of the reason why he brought it forward initially. If they had an agenda item, it would allow them to put everything together and educate the Board formally and more concisely to create a big picture. Commissioner Johnson responded he would not be against having a presentation. He questioned whether this would be for an informal or a formal meeting and if there would be any time constraints. Commissioner Lewis asked the County Administrator if there are certain rules that apply for people giving outside presentations. The County Administrator responded that they do have rules; however, the Board has discretion on these items. Commissioner Lewis suggested that they work within the guidelines that have been previously set and that they have a discussion with the representative of the group to determine if the time frames would work. The County Administrator explained that they schedule the presentations as part of the beginning of the meeting and addressed possibly scheduling it under the regular agenda. Commissioner Lewis responded that it was her understanding that when it appears under presentations as a presentation agenda item, then that is part of the agenda. The County Administrator advised that she will follow up to make certain that is structured appropriately. Commissioner Johnson said he trusts the fact that Ms. Outlaw can meet with a representative of the group to come up with a binding commitment that would allow them to give a presentation with the timeframe beneficial for the group and allow the Board to be educated from their standpoint. Commissioner Dzadovsky commented on the Planning and Zoning presentation and explained that each side had the same amount of time. Commissioner Mowery responded that they would need to have a spokesperson and he looked to the group to determine if this is a direction that would be desirable to the Seven50 group. 5 1 Pa g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Lewis stated that they don't have to decide right now how much time they need, that is something they can work on. Mark Gotz responded that they will be looking for about an hour's worth of time. Commissioner Johnson commented on the Planning and Zoning presentation. Commissioner Lewis explained why she suggested that this item be heard under presentations, because there's no action taken on those items. th Mark Gotz asked if they would be able to present on November 7 , the same day the presentation from Seven50 is scheduled. He also asked if they will be allowed the same amount of time for a counter presentation. Commissioner Johnson stated he thought that that was a good idea. Mark Gotz said they would like to have this opportunity because there's a lot of educational information that they're not able to convey as easily. Commissioner Mowery asked for clarification on the November 7 th meeting. The County Administrator responded that November 7 th is scheduled as a Special Board meeting with a single item agenda of Seven50 only. The Board has a wide range of discretion as to how to conduct the meeting and the Board would be in a position to take action if they so choose. Commissioner Mowery clarified that there is a request to have an presentation on this topic for the next meeting. The County Administrator also asked for clarification as to whether or not this is to be scheduled for the next meeting. Commissioner Lewis said that was her understanding but then the discussion went to the November 7 th meeting. Mark Gotz responded that the presentation for the next meeting would be educational. Then they would like to counter the presentation on the seventh because they know that the plan will then be finalized within the following two weeks. It was the consensus of the Board to have a presentation regarding the Seven50 plan at the next meeting. The County Administrator was given direction to coordinate with Mr. Gotz to schedule the presentation. Mark Gotz responded that he'll discuss the timing with the task force to see what their best couple of pieces would be because a 30 to 45 minute presentation would clear up a lot of questions. Thomas Ladomirak, 2152 SW Madruga St., Port St. Lucie, FL stated that he did not realize that Donna Carlson was no longer part of Veteran Services. He talked about "All Aboard Florida " in hopes that the County would support the idea of connecting to Tri-Rail with a stop on the Treasure Coast so residents can access special events in other parts of Florida. He also 6 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM addressed his concerns regarding the river, septic tanks adjacent to waterways, the deterioration of Walton Road and the location of rehab centers in Port St. Lucie. Captain Don Voss, 323 Leeward Lane, Fort Pierce, FL addressed the Board regarding his upcoming trip to Washington, DC, the goals they hope to achieve while there and the money that they raised for the trip. He commented that Sen. Rubio has given them a letter of support which they posted on their website and he thanked the Commissioners for passing the resolution for the state of emergency. Marty Baum, Indian River Keeper, Jensen Beach, FL resident, thanked the Commissioners for passing the resolution for the state of emergency. Before money is spent on pumping water into the lagoon he recommended passing a meaningful fertilizer ordinance and also suggested shunting C-25 Canal water north or south to get it out of the inlet. He asked the Board to petition the Army Corps and the Water Management District to send the water somewhere else. He also expressed concern regarding the idea of tank farms at the port property. The County Administrator advised the Board that there is a staff report and update regarding the fertilizer ordinance scheduled for the October 8 th informal meeting at 9 a.m. Marty Baum talked about his upcoming trip to Washington and their fundraising efforts. Ezra Appel, 999 SW 38 th Street Palm City, FL addressed the Board regarding the state of the river and explained that he works for the Indian River Lagoon Aquatic Preserve Island. He talked about his concern that a tank farm may be an option for the port property especially with the money being invested in downtown Marine development. Phyllis Frye, 275 Date Palm Road, Vero Beach, FL, addressed the Board in opposition to the Seven50 plan. Dave Griffin, 1981 SE Mandrake Circle, Port St. Lucie, FL, addressed the Board in opposition to the Seven50 plan. Eva Ries, 5209 Palmetto Ave, Fort Pierce, FL addressed the Board regarding her request that the Board authorize a public hearing for a seasonal fertilizer ban for waterfront properties. She thanked Commissioner Dzaclovsky for the work that he has done looking into this item. Katie Luie, 473 SE Essex, Port St Lucie, FL, addressed the Board regarding revisiting the fertilizer ordinance and also expressed concerns about potential tank farm. Charlotte Munsick, 1416 15 th Ave., Vero Beach, FL, addressed the Board in opposition to the Seven50 plan. John Davis, 5244 Compass Cove, Fort Pierce, FL thanked the Commissioners for their leadership at the recent "Hands across the Lagoon" event. He addressed the Board regarding revisiting the fertilizer ordinance as well as his concerns about a potential tank farm. He also spoke in opposition to the American Coalition for Property Rights group. Linda Nichols, 1450 SW Cellini Ave, Port St Lucie, FL, addressed the Board in opposition to the Seven50 plan. 7 1 Pa g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Stockard Holand, 4097 Gator Trace Rd, Fort Pierce, FL, addressed the Board regarding the supposed increase in sea levels and rise in the earth's temperature and said that statistically he doesn't believe that there is an increase. He also spoke in opposition of the Seven50 plan. He asked that once the Seven50 plan comes out, that it be printed in the newspaper or available for everyone to see. Rodica Novack, 4200 AlA, Fort Pierce, FL, addressed the Board in opposition to the Seven50 plan. Arthur Apissomian , 2142 SE Morningside Drive, Port St. Lucie, FL addressed the Board regarding his concerns for the state of the lagoon and stated he is opposed to a fuel depot as well as the Seven50 plan. Mary Burton, 5209 Silver Oak Drive, Fort Pierce, FL, addressed the Board regarding her concerns with many of the comments made during public comment. She is opposed to the Seven50 plan and specifically talked about recent comments made at a recent Planning & Zoning meeting. T.K. Komo, 2746 SE Eagle Drive, Port St. Lucie, FL addressed the Board regarding her family background and minorities based on public comments made during the meeting and expressed her opposition to the Seven50 plan. Melinda Meikle, 1612 W Camino Del Rio, Vero Beach, FL, addressed the Board in opposition to the Seven50 plan. Rhett Lloyd, 1518 N. Lawnwood Circle, Fort Pierce, FL, addressed the Board in opposition to the Seven50 plan. John Arena, Fort Pierce Resident, addressed the Board regarding solar panels and his concerns regarding sand as well as the port charrette. Richard Sylvestri, 5708 Buchannan Drive, Ft Pierce, FL, addressed the Board regarding global warming and climate change effected by human activity. Maria Perkins, 6735 Dulce Real, Fort Pierce, FL questioned the Board as to why the Board has paid dues to the Treasure Coast Regional Planning Council. Commissioner Dzadovsky responded and explained the function of the Treasure Coast Regional Planning Council. Commissioner Lewis explained that the Seven50 plan and the activities of the Regional Planning Council, which was put in place by the state a long time ago, are two separate activities. The dues have nothing to do with the Seven50 plan. The County Administrator talked about the membership of the Regional Planning Council. She explained their function and said that we pay dues annually to be a member. County Attorney explained that the Regional Planning Councils are set out in state statute and the dues are used to fund the staff. The County did not initiate this idea; it was set up by the state law. N�� BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Stephanie Austin, 6250 Arrowhead Ln, Vero Beach, FL, addressed the Board in opposition to the Seven50 plan. The Board was in recess at 8:59 p.m. and reconvened at 9:13 p.m. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson A. WARRANTS 1. Warrant List No. 50 2. Warrant List No. 51 B. COUNTY ATTORNEY 9 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM 1. Ordinance Amendment Section 11.08/06 of the St. Lucie County Land Development Code - Permission to Advertise 2. Walton Road Annex - Seventh Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. 3. Resolution 2013-129 - Quit Claim Deed for a portion of Entrada Avenue to Florida Department of Transportation 4. Resolution 2013-186 - Authorizing the Acquisition of Property by Donation, Purchase or Eminent Domain - Parcel No. 123 5. Resolution 2013-187 - Authorizing the Acquisition of Property by Donation, Purchase or Eminent Domain - Parcel 102 6. Resolution 2013-188 - Authorizing the Acquisition of Property by Donation, Purchase or Eminent Domain - Parcel No. 124 7. Resolution 2013-189 - Authorizing the Acquisition of Property by Donation, Purchase or Eminent Domain - Parcel No. 125 8. Resolution 2013-194 - Authorizing the County Engineer or Designee to Explain the Project and Testify about Controlling Standard Design 9. Resolution 2013-190 - Authorizing the Acquisition of Property by Donation, Purchase or Eminent Domain - Parcel No. 121 10. Revocable License Agreement Riverbend Subdivision - Gilson Road 11. Port of Fort Pierce - Maritime Training Academy This item was pulled for separate discussion. Commissioner Dzadovsky explained that the letter simply states that we are interested in a maritime training academy. It is not a commitment to anything including expending money; it simply says that we are interested. Once the master plan update is complete, this could be included as part of the plan. The County Attorney provided background on this item and explained that this does not commit the County to anything, it simply expresses our interest. He said that they are working with Indian River State College on this project and if successful, it may lead to funding opportunities. Commissioner Johnson expressed his support of this project. C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES 10 1 BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM 1. Resolution 2013-191 - Federal Transit Administration (FTA) Job Access Reverse Commute (JARC) 2. Resolution 2013-192 - Federal Transit Administration (FTA) New Freedom (N F) 3. Non -Profit Outside Agency Grant Agreements E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Board approval of the Land Acquisition and Selection Committee's recommendation to pursue acquisition of the Klatt parcels. 2. Board approval to pursue acquisition of the Hendler parcels. 3. Board approval of the Land Acquisition and Selection Committee's recommendation to pursue acquisition of the Crawford parcel. 4. Board approval of the Land Acquisition and Selection Committee's recommendation to pursue acquisition of the Martin parcels. 5. Resolution 2013-195 - Acceptance of Indian River Lagoon National Estuary Program Grant Award This item was pulled for separate discussion. Commissioner Dzadovsky wanted the public to be aware of this opportunity to extend dollars to provide additional educational opportunities for those who wish to learn more about how our storm systems work. Commissioner Lewis commented that it's beneficial to get the kids out there to show them what we're talking about. G. HUMAN RESOURCES There are no items scheduled H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. Tax Collector Advance Request 2. Supervisor of Elections Advance Request J. PARKS, RECREATION, & FACILITIES 111 Pa g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM There are no items scheduled K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Pierce 131, LLC - Carriage Point Estates 2. Palomar Street at Lakewood Park Canal Culvert Replacement Project 3. Sandberg Lane at North St. Lucie River Water Control District (NSLRWCD) Canal No. 27 Culvert Sleeving Project 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. COUNTY ATTORNEY 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 on this item. She explained that there was a 30 day continuance to allow the property owner to clean up the property and talked about the efforts he has made since then. Staff does not feel that the property poses a serious threat to public health, safety and welfare and is asking the Board not to find that it does. Commissioner Dzadovsky asked for a legal opinion because he assisted the homeowner with cleaning up the property. He was looking for clarification on whether or not he can comment and vote or must he abstain altogether. The County Attorney responded that voting conflicts generally require a financial gain or loss. He said that he asked the Assistant County Attorney to 12 1 P a r BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM check with the Commission on Ethics and advised the Board that she will be providing them with an update. The Assistant County Attorney advised the Board that a commissioner is required to abstain if there is a financial or economic impact. Commissioner Johnson commended the homeowner. Commissioner Mowery clarified that vehicles on the property only have to be operable and not licensed and operable. The Assistant County Attorney responded that is correct; the vehicles on the property have to be operable. Gregory Glafenhein, 3307 Delaware Ave, Fort Pierce, FL, thanked Commissioner Dzadovsky for his help. He also thanked the commissioners and staff for their efforts. Commissioner Dzadovsky commented that the homeowner was having a serious issue with his wiring. He contacted FPL and they came out and reviewed the situation. He explained that is why the appliances were stacked there because they had to be inspected first before a claim could be processed. Karen Emerson, 3503 Fontaneda Ave, Fort Pierce, FL, commended the homeowner on the progress of the property. She addressed the Board regarding her concern that the property is still not in code and went on to describe the particular issues including the unlicensed vehicles and the fence. She talked about her discussion with the permitting department. She said she's happy with the progress but doesn't feel it is complete and is asking for continuance on this item. Commissioner Dzaclovsky asked what codes are not being complied with specifically. Karen Emerson said there's no permit for the wooden pallets. Commissioner Dzadovsky clarified they are not wooden pallets, they are part of the fence. He asked staff for clarification on the permit status. Staff responded that a fence permit has been issued. Karen Emerson responded that they've been getting a different story from the permit office for the last three years. Commissioner Dzadovsky clarified that they are talking about the 30 days they had to make a difference. Karen Emerson re -addressed her concerns regarding the fence and said that the wood panels keep moving and asked refer to the photographs. 13 1 Pa g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Dzadovsky asked what other items are still not up to code. Karen Emerson talked about the code stating that the vehicles have to be licensed, reiterated her fence concerns and talked about the trailers on the property as well. Staff asked if she was talking about the trailer that was in the front yard. Karen Emerson responded that she was referring to the one that was full. Staff responded to the trailer has been removed. Karen Emerson readdressed the discussions with the permitting department regarding the fence permit. Staff advised Ms. Emerson that she personally researched the record before tonight's hearing and then reviewed the status of the permit which shows that there is an active fence permit for the property. Staff apologized if she was given incorrect information. Commissioner Dzadovsky stated that compliance is what they seek. He talked about driving through the neighborhood and his concern that the neighbors may want to take every home in that area to a certain level that they find appropriate and he has concerns with selective enforcement. He asked about selective enforcement from a legal standpoint. The Assistant County Attorney responded that Code Enforcement is primarily complaint driven. When they get a complaint, they're supposed to look at the whole street for the same items and treat the whole neighborhood for those items. Karen Emerson stated that she hopes that they are applying the county code and paying attention. She understands it's a difficult job and they are asking that the matter be continued until it's complete. Commissioner Dzadovsky asked what code violation still exist so if something is being missed by staff, it can be addressed. Karen Emerson reiterated her concerns. Commissioner Dzadovsky commented on her fence permit concerns. Commissioner Johnson asked for clarification as to whether or not the vehicles on the property were operable. Karen Emerson stated the vehicles have to be licensed according to the code. 14 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM The Assistant County Attorney explained that if they are licensed, there is a presumption. If they're not, the code officer goes out and if the vehicles start and move then they meet the code. Phyllis Castro, 3405 Delaware Ave, Fort Pierce, FL, concurred with her neighbor that they are not done yet but it's a positive step. She addressed the county code issues that she feels are still ongoing and addressed her frustrations with this process. She also talked about her conversations with the permitting department. Staff responded that the 2010 fence permit has been renewed. Phyllis Castro asked that the homeowner finish the fence. Commissioner Johnson commented that they're not focusing on the last 11 years they are only looking at the last 30 days and feels that the homeowner should be commended for the progress that he's made. He understands that the fence may be a safety issue but the homeowner has 180 days to get it completed. Phyllis Castro continued to address her concerns. Commissioner Johnson asked that code go back and check out the issues that are being discussed and possibly continue this hearing. Phyllis Castro discussed her concerns regarding the trash being piled up. She also discussed the inequity of justice as it relates to other code enforcement cases compared to this one. Commissioner Johnson continued to address Ms. Castro's concerns and reiterated the possibility of having staff return to the property. Phyllis Castro reiterated they just want compliance with code. Commissioner Mowery commented that staff has already said that the homeowner has come into compliance and feels Ms. Castro's expectations will probably not be the same as staff expectations. He also talked about the condition of other properties on the same street. Commissioner Johnson commented that he would like to see the fence stationary and in one spot. Phyllis Castro continued to discuss her concerns regarding the fence. Commissioner Mowery addressed Ms. Castro's concerns regarding the fence. Phyllis Castro asked if the fence is secured at this point. Staff responded there is not been a final inspection yet so more than likely not. 15 1 P a r BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Phyllis Castro clarified that they are just waiting for the secured final inspection and she said she would be fine with that. The County Attorney explained that the Board is not a Code Enforcement Board and encouraged the Board not to get into the fines. He explained that the only reason they are involved is because the Code Enforcement Board determined that this was a serious threat to public health, safety and welfare which is what the Board is supposed to determine. Any other issues should go back to code enforcement staff and if there's a need to get involved then it should go back before that Board. He explained they are simply being asked to determine if it is a serious threat to public health, safety and welfare. He reiterated that staff believes that it's not and that is the issue that needs to be decided. The Assistant County Attorney reviewed the definition of abandoned property and the county code as it relates to abandoned property. Commissioner Dzaclovsky clarified that if the vehicles were licensed there would be no need to even know if they operate or not. The Assistant County Attorney responded that it raises a rebuttable presumption so it could be licensed and of all the tires are flat then they would want to see that is operable. Commissioner Mowery clarified the staff recommendation. The County Attorney responded that staff has found that is not a threat to health, public safety and welfare. Gregory Glafenhein discussed the progress of the fence and the permit status. Commissioner Dzadovsky made a motion that the Board find no serious threat to health and safety in this case and that the code department ensure that the fence be inspected as required by permit. Commissioner Mowery requested that the motion be made specific to the items of code enforcement which would include all of those items relating to the code. The County Attorney clarified what he felt should be included in the motion. Commissioner Dzadovsky amended his motion that the Board find no serious threat to health and safety in this case. It was moved by Commissioner Dzadovsky, seconded by Com. Lewis, to find no serious threat to health and safety in this case and; upon roll call, motion carried unanimously. 16 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Johnson made a motion to have code ensure the fence is secure. Commissioner Mowery asked to clarify if he wanted the motion to be for one specific item. Commissioner Dzadovsky just wanted to ensure that it follows code and that it's inspected; the permit process alone will handle that within the time frame allowed. Staff responded that the permit will take care of that and ensured the Board that they will work with the property owner to make sure that is done. Commissioner Johnson withdrew his motion with the understanding that staff will take care of any code issues. Commissioner Mowery questioned if the $15,000 fine that was levied against the applicant still stands today. The Assistant County Attorney responded that is correct and it can be addressed by the Code Enforcement Board. Commissioner Mowery asked if the Board of County Commissioners can make a recommendation that it be examined. The Assistant County Attorney responded the determination of fine reductions are made by the Code Enforcement Board but the Board could direct staff to work on that issue. Commissioner Mowery asked about the status and as to whether it has to be paid in a certain time frame or how that's handled. The Assistant County Attorney responded that they are liens that are recorded against the property and as it is Homestead protected, the lien would remain until the property is sold. Commissioner Lewis commented that she is reluctant to move into that area and make a recommendation that belongs to the Code Enforcement Board especially because it may set a precedent in the future with regard to fines. Commissioner Johnson concurred with Commissioner Lewis. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson B. PLANNING & DEVELOPMENT SERVICES 17 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM 1. Resolution 2013-193 - O'Brien Subdivision Paving Waiver - Quasi Judicial Public Hearing Staff gave a presentation, "O'Brien Subdivision, Paving Waiver, Quasi-judicial Public Hearing" that was filed with the Clerk. Ron Harris, County Surveyor, explained the fair share contribution options and said that the fair share amount will be held for 10 years and if there are no improvements made in that time, it will be returned with interest. Commissioner Mowery acknowledged this being a quasi-judicial hearing and stated he has met with the applicant. Commissioner Dzaclovsky and Commissioner Mowery both stated that they have met with the applicant. Commissioner Lewis and Commissioner Johnson had no disclosures to make. Dennis Murphy, Culpepper and Terpening, addressed the Board on behalf of the applicant regarding the waiver request. He discussed the "use it or pay it back" provision and said that he doesn't feel that this road will be paved within 10 years. If an MSBU is created in the future, they will participate. They are asking that the Board grant full relief from the fair share contribution. Commissioner Dzadovsky clarified if the roads were chip sealed. He addressed his concerns regarding septic tanks and wells and questioned if they were near areas where Fort Pierce Utility already has utilities in place. He also expressed his concerns regarding road paving and drainage. Ron Harris responded that there have been no drainage problems in that area. Normally the County will not place millings on any roadway unless they have proper open swale drainage. Commissioner Dzaclovsky asked if there are County roads in that area that are chip sealed. Ron Harris responded that there are, the neighborhood is very old. He explained that the County doesn't have any money for roads and doesn't see them coming up with the money for it in the distant future. Commissioner Dzaclovsky talked about the property being nearly continuous to Fort Pierce. He continued to express concerns because past developers haven't paid for their fair share of development on the infrastructure side. The Planning and Development Director also responded to Commissioner Dzadovsky's concerns. Each one of these lots will be required to meet the requirements of South Florida Water Management District as they develop 18 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM the lots individually. He also talked about the level of impact to the developer. Commissioner Dzadovsky addressed his concern regarding chip seal roads coming apart in not being able to re -chip seal them. That money could certainly go towards repairing or maintaining those roads and he questioned if that was allowed. Ron Harris responded that the money cannot be used for maintenance; it can only be used for construction of a county standard road which would require an all-weather service which is asphalt. He clarified that the road is a millings road so there is a difference and it is adequate for the traffic that is on it. He doesn't feel that the amount of lots will have that much impact to the millings. Commissioner Mowery clarified that there are only four lots on that street and one lot on another street. The Planning and Development Director said that would be approximately 40 additional trips per day under the typical traffic analysis and that road should be able to withstand that. Commissioner Dzadovsky suggested that they maintain some of those monies in play even if it does take 10 years because we're dealing with so many issues such as not getting roads paved. Commissioner Mowery explained that this would be a complete build out with those four lots. It will cost the county over $800,000 to put in a new road and he doesn't see the county wanting to spend that much money on an existing street that has issues. He questioned why we would set aside money after staff has explained that they can't imagine that we would ever spend that kind of money on that street when there are other streets that would have higher traffic volumes. Ron Harris commented that the developer has also proposed to donate an additional 10 foot right-of-way which the County would have had to purchase. Dennis Murphy commented while he appreciates Commissioner Dzadovsky's concerns, he feels that the County's money could be better spent elsewhere. Commissioner Johnson asked if the millings roads were compatible with other roads in the area. Ron Harris responded that most of the local roads in that area have had millings placed on them in that general geographic area with a few exceptions. 19 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Johnson made a motion to approve the full amount of the waiver. Commissioner Lewis agrees with staff that it's unlikely that they would be able to get in there and pave the entire road so to hold someone's money while we're not likely to do the project doesn't make a lot of sense. Commissioner Dzadovsky questioned if this area is built out would if they be required to participate in a MSBU. County Attorney commented that typically there is language in the plat that indicates there is consent given to an MSBU if it is ever formed. Ron Harris responded that the language is not on the plat; however, that it can be added. Dennis Murphy responded that they will add it to either the plat or site plan order. Ron Harris suggested that it be added to both the plat and the site plan order. Commissioner Dzadovsky commented that he cannot move forward unless it's memorialized in some way. Commissioner Mowery asked if the applicant was comfortable with that. Dennis Murphy responded that they will take care of it. Commissioner Dzadovsky reiterated the reasons why he was concerned with this item. Commissioner Lewis commented that it had been suggested by staff that the drainage is good because they will not put millings down unless the drainage is good and for that reason she is comfortable moving forward. Commissioner Johnson amended his motion to include adding the language regarding participating in a MSBU. It was moved by Commissioner Johnson, seconded by Commissioner Lewis, to approve the full amount of the waiver and include the MSBU participation language in the plat and site plan order and; upon roll call, motion carried unanimously. 20 1 Page BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson 2. Ordinance 2013-39 - Proposed Land Development Code text amendment to revise regulations related to signs (Chapters II and IX). Staff gave a presentation, "Chapter II Definitions and Chapter IX - Sign Code", regarding changes to the sign code that was filed with the Clerk. Staff recommended that the adoption hearing be scheduled for December 17, 2013. Commissioner Dzadovsky addressed his concern regarding folding signs and suggested a wind provision. Staff explained that there is not wind provision but one can be added. Charles Ray addressed the Board on behalf of several local businesses in support of this item and thanked staff for their efforts. He also stated that they have no problem with the addition of a wind provision. He also buyyubLeu !11111LIFly Puu!lu willmem LU Ulle 111111ULt. RESULT: 1ST READING APPROVED [UNANIMOUS] Next: 12/17/2013 9:00 AM MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson IX. REG U LAR AG E N DA A. PLANNING & DEVELOPMENT SERVICES 1. O'Brien Subdivision Plat This item was heard concurrently with Item # VIII-Bl. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson 2. Resolution 2013-166 - Wetland Waiver and Major Site Plan Approval for Marisol Staff made a presentation, "Marisol Major Site Plan and Wetland Waiver" that was filed with the Clerk. She explained that the applicant previously submitted a plan that created additional uplands and since then, revised the 21 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM plan to indicate fewer wetland impacts and create a larger more functional wetland area rather than the upland habitat area. Staff has determined that the project has met the requirements and standards of the land development code and recommends approval subject to the conditions of approval and staff's approval of the final revised site plan document. Staff requested that condition #11 be revised to be consistent with new state statute requirements relating to other agency permits. Dennis Murphy, Culpepper and Terpening, was present representing the applicant. Mr. Tommy, Seminole Tribe of Florida, requested a continuance on this item. Dennis Murphy asked for clarification on what Mr. Tommy was requesting in regard to the continuance. Mr. Tommy asked for continuance to allow them to go in and look at anything that may be a significant to their organization. Commissioner Mowery explained that the approval this project would allow for the full support of the tribe and allow archaeologists to coordinate with the applicant as things move forward including following state guidelines relating to disturbing anything on the site. The applicant is willing to do this at no cost and they want to make sure that any relics or archaeological items are handled appropriately. He discussed the conversations that have taken place with staff and the applicant to make sure they are in compliance. Staff explained that the Herman's Bay Minton archaeological site is eligible for listing on the national register of places. Because of the significance, the applicant paid for a phase three survey. The phase three archaeological survey report found that the site is a location of a small coastal village settlement and she discussed the significance of this find. The St. Lucie County Historical Commission found that because only 5% of the site had been excavated, it would be wise, even though the state found the site to be fully mitigated, to have an archaeologist on site at all times to ensure that if anything appears as a result of excavation, the work will cease. Any culturally significant items can then be properly identified. Staff recommends that this project be allowed to move forward with the condition that an archaeologist be on hand at all times during excavation. The way that this project is going to be phased, the excavation of the area closest to this site will be done later in the project. They've agreed to facilitate a negotiated settlement to allow the Seminole Tribe, an archaeologist and a team at no cost to the developer to fully excavate the entire site. Commissioner Mowery wanted to make sure that they provided for that so that aside from what the state is recommending, they would have the 22 1 P a r BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM opportunity to go in because the site will not be disturbed in that area until later. That would give those teams the opportunity to go in on their own time and at their expense if they want to be a part of that. He discussed having to sign an indemnification waiver in the event that something was to happen. This way if something is found, it will allow things to be done in an orderly manner, the way a scientific site would normally be handled. Mr. Tommy said that he understands that but as a tribal member, he respects any grounds where his people may have been. Commissioner Dzadovsky asked if they were to move forward with this item tonight with the condition that the tribe has some period of time to be out there as indicated is he okay with that? Mr. Tommy responded that he was okay with that condition. Commissioner Johnson asked Mr. Murphy if the tribe or their representative is allowed to be at the site during excavation. Dennis Murphy responded that they are allowed to be there. He also said that he had a conversation with Mr. Tommy earlier and explained that they've agreed to allow the tribe to come in and check over the northern half of the property. The concern remains the matter of timing because there is certain work that has to be done during the non -turtle season so they are good as long as everything falls within those parameters. Mr. Tommy commented that they are concerned about the entire property not just the northern part. Commissioner Dzaclovsky thanked the applicant regarding their extra efforts and asked them to describe the drainage plan and the improvements to the wetlands. Dennis Murphy reviewed the drainage plan and explained that they will comply with all guidelines and water quality will meet or exceed any discharge requirements going into the lagoon. He explained that they have selected an enhanced wetland system and why they made that choice. Paul Izzo, EW Consultants, addressed the Board regarding the environmental impact report which is not yet been updated with the new site plan which has less wetland impact. He explained the methods that they used to assess the wetland impact and mitigation. He discussed the initial proposal for the upland buffer restoration and why they decided to convert those areas to wetland areas and went on to explain the benefits of doing so. Commissioner Johnson commended the applicant's team and staff for working through this item. 23 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Dzadovsky addressed erosion control conditions. Dennis Murphy responded that they understand their obligations and that the appropriate references will be in the condo documents as to the responsibilities for dune restoration. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSENT: Frannie Hutchinson 3. Resolution 2013-196 - Amending Resolution 06-171 and Updating the Various Fee schedules associated with the St. Lucie County Land Development Code to Cover the Costs of Technical and Administrative Activities in the Building Division. Commissioner Mowery suggested continuing this item to the next meeting and expressed his concern regarding the backup items as they relate to the fees. The Planning and Development Director responded that it isn't an incredibly long presentation but they can continue it if necessary. It is their effort to make sure that their reserve fund is adequate and they are in a position to fund additional positions as the economy rebounds to continue to improve their customer service. Commissioner Dzadovsky commented on the change of fees. He asked if the Treasure Coast Builders Association and the Chamber of Commerce supported this effort. The Planning and Development Director responded that they had worked with him over the years and each time this has been brought forward, they've been contacted. If they are going to support the fee increases, they want the level of service to improve which is their goal. Most of the fees have gone up and that will generate $120,000 worth of revenue. Commissioner Johnson asked if the fees are comparable with other municipalities and county governments within the area. The Planning and Development Director responded that they did a comparison of other jurisdictions nearby related to fees and found that they are in the average. Commissioner Dzadovsky stated he is willing to move forward with the staff recommendation. Commissioner Lewis concurred with Commissioner Dzadovsky based on the support from the Treasure Coast Builders Association and the Chamber of Commerce. 24 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2013 6:00 PM Commissioner Mowery expressed his concerns regarding the fee increases. He doesn't feel that because someone else is doing it, is a good enough reason for us to do it. He also talked about adding additional staff and making sure that we do the best job that we can and holding customer LU d 111Y!1 !�,LCJ11UCJ1U. RESULT: ADOPTED [3 TO 11 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Chris Dzadovsky, Paula A. Lewis, Kim Johnson NAYS: Tod Mowery ABSENT: Frannie Hutchinson X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a combined Informal/Budget Meeting on Tuesday, October 8, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold a Joint meeting with the City of Port St. Lucie on Tuesday, October 8, 2013 at 2:00 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 Public Workshop for a potential development proposal for the former Radisson Hotel site on North Hutchinson Island on Tuesday, October 15, 2013 immediately following the regular BOCC meeting scheduled at 9:00 a.m. in the County Commissioners Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort PIerce, FL 34982. 4. The Board of County Commissioners will hold a Budget Workshop on Tuesday, October 22, 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. 5. The Board of County Commissioners will hold a Joint meeting on the Port Master Plan with the City of Fort Pierce on Tuesday, October 29, 2013 at 2:00 p.m. in the County Commissioners Chambers 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. 25 1 P a g e BOCC Regular Meeting Tuesday, October 1, 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. 26 1 Page