HomeMy WebLinkAboutMinutes 10.15.2013SiTkOLENIAMET-9h7L
COUNTY
F L 0 R I D A
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BOCC Regular Meeting
October 15, 2013 Convened: 9:02 AM
Adjourned: 11:41 AM
I. CALL TO ORDER
The meeting was called to order at 9:02 AM by District No. 2, Chair Tod Mowery
Attendee Name bQtle Status Arrived
Tod Mowery District No. 2, Chair Present 9:02 AM
Frannie Hutchinson
District No. 4, Vice -Chair
Present
9:02 AM
Chris Dzadovsky
District No. I
Present
9:02 AM
Paula A. Lewis
District No. 3
Present
9:02 AM
Kim Johnson
District No. 5
Present
9:02 AM
Faye Outlaw
County Administrator
Present
9:02 AM
Bob Bentkofsky
Deputy County Administrator
Present
9:02 AM
Daniel S. McIntyre
County Attorney
Present
9:02 AM
Heather Young
Asst. County Attorney
Present
9:02 AM
Katherine Barbieri
Asst. County Attorney
Present
9:02 AM
Beth Ryder
Community Services Director
Present
9:02 AM
Mark Satterlee
Planning & Dev Director
Present
9:02 AM
Tara Raymore
Director of Human Resources
Present
9:02 AM
Don West
Public Works Director
Present
9:02 AM
Laurie Waldie
Utility Director
Present
9:02 AM
Karen L. Smith
Environmental Resources Department Director
Present
9:02 AM
Kelly Phelan
Recording Secretary
Present
9:02 AM
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
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: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
1. Board of County Commissioners - BOCC Regular Meeting - Oct 1, 2013 6:00 PM
2. Resolution 2013-197 - Proclamation commending the Woman's Club of Fort Pierce,
Inc on their 100th Anniversary
The resolution was read for the record but there was no one present to accept the
proclamation.
3. Resolution 2013-223 - Proclaiming the month of October 2013 as "Mental Health
Awareness Month" in St. Lucie County, Florida.
The resolution was read for the record but there was no one present to accept the
proclamation.
V. PRESENTATIONS
Stop Seven50 Presentation
Bret McCain, 1813 S. 29th Street, Fort Pierce, FL gave a presentation, "Stop
Seven50- Destroying Communities One Neighborhood At A Time" that was filed
with the Clerk.
Judy Culpepper, 7921 Plantation Lakes Drive, Port St. Lucie, FL, continued the
presentation.
VI. GENERAL PUBLIC COMMENT
Richard Sylvestri, 5708 Buchannan Drive, Fort Pierce, addressed the Board in support of the
Seven50 plan. He addressed sea levels rising and climate concerns. He also talked about
change and a recent meeting discussion regarding Commissioners who volunteered to help a
local citizen.
David Luke, 1112 Beach Court, Fort Pierce, FL, thanked the Board for allowing the presentation
today regarding the Seven50 plan.
Jerry Beekler, Saint Lucie County resident, addressed the Board regarding global warming. He
specifically talked about his experiences with canal flooding in Miami and said that he feels that
global warming is a reality and that it is mostly due to the effects of man. He also spoke about
people in low paying jobs and how difficult it is for them to afford things as well as rising
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
insurance rates. In addition, he talked about the city atmosphere and the advantages of living
in the city.
Rick Modine, 1550 SW Apache Avenue, Port St. Lucie, FL addressed the Board regarding global
warming. He talked about being a farmer and investing in property and that people shouldn't be
told what to do with their properties or what to grow. He also commented that people are
migrating from southern counties because people would rather live in a county like ours.
Tom Ladamarak, Port St. Lucie resident, addressed the Board regarding his concerns for the
state of the Indian River. He also discussed the lawsuit between the city and the county and
asked that both parties attempt to resolve the issue without litigation as the taxpayers will be
footing the bill.
Steve Maleski, 23 Sanmarino Way, Port St. Lucie, FL, addressed the Board in support of the
Seven50 plan and eminent domain.
Howard Fine, 2601 N. US 1, Fort Pierce, FL, addressed the Board regarding the reasons for canal
levels rising. He discussed government money, becoming self- sufficient and the negative
effects of the Seven50 plan. He also argued that Al Gore's ideas about global warming are
completely backwards.
Gene Antuna, 7421 Bob 0 Link Way, Port St. Lucie, FL, addressed the Board in opposition of the
Seven50 plan because zoning is the biggest defense in the community.
VII. CONSENT AGENDA
Commissioner Mowery commented that Item VIIII-B was added to the agenda.
Item VII-K3 was pulled by Commissioner Dzadovsky for separate discussion.
Warrant list #53 was pulled for separate vote.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
A. WARRANTS
1. Warrant List No. 52
2. This item was moved to the regular agenda
Warrant List No. 53 was pulled for separate vote.
3. Warrant List No. 1
B. COUNTY ATTORNEY
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
1. Resolution 2013-198 - Accepting a personal representative's deed on behalf
of St. Lucie County, Florida - Re -Plat of Surfside Plaza, Unit One - Carolyn
Cassels query and William Randolph Cassels
2. Resolution 2013-199 - Accepting a warranty deed on behalf of St. Lucie
County, Florida - Re -Plat of Surfside Plaza Unit One - Estate of Donald A.
Richardson
3. Permission to Advertise - "Art in Public Places" Ordinance
4. Resolution 2013-200 - Authorizing the Housing Finance Authority of St. Lucie
County to enter into agreements with the Escambia County Housing Finance
Authority not exceeding $150,000,000 Single Family Mortgage Revenue
Bonds on behalf of St. Lucie County and the Housing Finance Authority of St.
Lucie County.
C. ADMINISTRATION
FY2014 Grant Contract - Economic Development Council of St. Lucie County,
Inc.
D. COMMUNITY SERVICES
1. Resolution 2013-201 - Residential Construction Mitigation Program (RCMP)
2. Neighborhood Stabilization Program (NSP) Invitation to Bid (ITB) No. 4,6,
and 7
3. Resolution 2013-202 - Severe Repetitive Loss (SRL) Contract Modification
4. Resolution 2013-203 - FY13 HOME Funding Allocation
5. Invitation to Bid (ITB) No. 7-10
6. Resolution 2013-204 - Supportive Services for Veteran Families Grant
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. CZN000013484
H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
There are no items scheduled.
1. OFFICE OF MANAGEMENT & BUDGET
1. Rejection of Bid No. 13-050 Harbor Branch Mangrove Marsh Restoration
Project
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
J. PARKS, RECREATION, & FACILITIES
1. Waiver of Savannas Open Space Rental Fees for the 2013 Sons of
Confederate Veterans Civil War Re -Enactment
2. 2013/2014 Grant Agreements for the Treasure Coast Sports Commission
3. Waiver of Fairgrounds Facility Rental Fees for the 2013 Love Doctors
Charities Annual Toy Drive
4. Waiver of Fairgrounds Facility Rental Fees for the 4th Annual Adams Ranch
Rodeo
K. PLANNING AND DEVELOPMENT SERVICES
1. Permission to Advertise - Annual update to the Comprehensive Plan Capital
Improvements Element (CIE) for FY 2013/14 - FY 2017/18 -
2. Permission to Advertise - Future Land Use Map Amendment from CPUB
(Conservation Public) to RU (Residential Urban - 5 du/acre)
3. Permission to Advertise - Campus Development Agreement with the Florida
Atlantic University for Harbor Branch Oceanographic Institute
Item VII-K3 was pulled by Commissioner Dzaclovsky for separate discussion.
He discussed the Harbor Branch expansion and asked that the Board begin to
think about economic development on North US 1; specifically as it relates to
water and sewer in that area and looking at possible future expansion.
4. Permission to Advertise - Text Amendment to the Land Development Code
Amending Chapter 7 and 11 Pertaining to Stormwater Management
5. Resolution 2013-206 - Design & Construct Parallel Runway Taxiway
Connector Supplemental Grant - Florida Department of Transportation
(FDOT)
L. PUBLIC SAFETY & COMMUNICATIONS
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
1. Resolution 2013-207 - Approving the State of Florida, Department of Health,
Bureau of Emergency Medical Services, 2013-14 emergency medical services
county grant application and authorizing the chairman to execute and submit
the application
M. PUBLIC WORKS
1. Award Bid No. 13-062, Purchase of Asphalt
2. Award Bid No. 13-063, Roadside Right -of -Way Mowing
3. Award Bid No. 13-061, Indian River Estates (Subdivision #3) Mowing and
Maintenance Services
N. SHERIFF'S OFFICE
There are no items scheduled.
0. SOLID WASTE
There are no items scheduled.
P. SUPERVISOR OF ELECTIONS
There are no items scheduled.
TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
R. UTILITIES
There are no items scheduled.
VIII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie
County Code of Ordinances and Compiled Laws, to demolish the Unsafe
Structure at 4911 Deanna Lane, Fort Pierce, FL.
The Assistant County Attorney provided background on the request to
demolish the structure located at 4911 Deanna Lane, Fort Pierce, FL and
place a lien on the property. Staff recommended approval.
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
2. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie
County Code of Ordinances and Compiled Laws, to demolish the Unsafe
Structure at 4807 Juanita Avenue, Fort Pierce, FL.
The Assistant County Attorney provided background on the request to
demolish the structure located at 4807 Juanita Avenue, Fort Pierce, FL and
place a lien on the property. Staff recommended approval.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4, Vice -Chair
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
3. Ordinance 2013-40 - Animal Shelter Standards Ordinance
The Assistant County Attorney provided background on the proposed
ordinance to amend the county's animal shelter standards. Staff
recommended adoption of the ordinance.
Commissioner Mowery recognized those members of the Animal Shelter
Standards Committee who were present in the audience for their efforts in
creating this ordinance.
Commissioner Hutchinson also thanked those members for their efforts.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Kim Johnson, District No. 5
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
4. Code Enforcement Case No. 76142 - 7701 Belmont Avenue, Fort Pierce, FL -
Unsightly and Unsanitary Conditions causing serious threat to public safety.
The Assistant County Attorney provided background on the request to abate
the violations at the property located at 7701 Belmont Avenue, Fort Pierce,
FL and place a lien on the property. She advised the Board that the
homeowner is present and is asking for the opportunity to secure the screen
door and proceed with the sale of the property. Mosquito Control has been to
the property because of the pool. Staff recommends that the Board order
that they abate the violations but give the owner a week to secure the pool
door.
Commissioner Johnson asked if the pool area was screened.
The Assistant County Attorney responded that it is screened but in poor
condition and they are concerned about the latch on the door besides the
condition of the pool.
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Commissioner Hutchinson asked if they work with the owner, if this item
would come back to the Board again or if can they make a recommendation
if it's not taken care of that they will move forward.
The Assistant County Attorney responded that the Board could make that
recommendation to have staff confirm that the door has been secured within
24 hours and the sale taken place within a week to two weeks or they would
go in and abate the violations.
Commissioner Hutchinson expressed her concern that closing dates are often
not met.
Bonnie Mock, 540 Grove Isle, Vero Beach, FL, apologized to the Board for the
condition of the house and explained the reasons why she has been unable to
maintain the property. She advised the Board that the property is currently
under contract and the reason why the closing has been delayed. She also
assured the Board that she will verify that the latch on the door has been
fixed.
Commissioner Johnson addressed Ms. Mock and advised her that everyone
goes through hardships in life and it's nothing to be embarrassed about. He
made a motion to grant an extension for 3 to 4 weeks to allow the
homeowner time to correct the issues and sell the property.
Commissioner Lewis stated that she very sensitive to the concerns of the
neighbors. She also suggested that they put a time frame on this to allow
time to come to closure.
Commissioner Hutchinson asked staff that they'd sprayed the pool.
The Assistant County Attorney responded that they did find some larvae and
she believes that they took care of it.
Commissioner Hutchinson said she'd like to see the latch on there by the end
of the day if not by tomorrow at this time. She talked about the possibility of
partially draining the pool as young children can be very creative in trying to
get into a pool. She asked the homeowner if she would be able to accomplish
that.
Bonnie Mock responded that the pool is only 5 feet deep at the deepest point
and she has concerns about draining the pool and explained why.
Commissioner Mowery reiterated the recommendation to do a 30 day
extension to work with staff to make sure the premises are secured and
coordinate with staff to make sure the mosquito issue has also been
addressed.
Commissioner Hutchinson asked the motion maker include the idea that they
work with the owner to be kept abreast of the status of the sale so if it
BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
doesn't go through, they can work with the homeowner to address these
issues.
Commissioner Johnson made a motion based on those recommendations.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
5. Code Enforcement Case No. 75195 - 8608 Brookline Avenue, Fort Pierce, FL -
Unsightly and Unsanitary Conditions causing serious threat to public safety.
The Assistant County Attorney provided background on the request to abate
the violations at the property located at 8608 Brookline Avenue, Fort Pierce,
FL and place a lien on the property. Staff recommended approval.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Paula A. Lewis, District No. 3
SECONDER:
Kim Johnson, District No. 5
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
6. Code Enforcement Case No. 77791 - 3904 Avenue L, Fort Pierce, FL -
Unsightly and Unsanitary Conditions causing serious threat to public safety.
The Assistant County Attorney provided background on the request to abate
the violations at the property located at 3904 Avenue L, Fort Pierce, FL and
place a lien on the property. Staff recommended approval.
Commissioner Dzaclovsky suggested that they make a concerted effort on
every home that has a pool to secure the pool.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Kim Johnson, District No. 5
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
B. PUBLIC WORKS
1. Resolution 2013-208 - Canoe Creek Municipal Services Benefit Unit Notice of
Intent for 2014
Items # VIII-B1 through VIII- B14 were heard concurrently.
The County Attorney gave an introduction and explained that these
resolutions preserve the right of the Board in the future to levy special
assessments that would require separate public hearings and put the
assessments on the tax roll. It doesn't obligate the assessment; it simply
protects the option in the future. State law requires that be done and it is not
a final decision as to whether or not to do the project, it just preserves the
option of placing those assessments on the tax roll in the coming year.
Staff provided background on this item and explained that one of the funding
methods available for capital improvements and essential services is to levy
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
non- ad valorem special assessments on those properties that derive a direct
benefit from those improvements. This type of assessment is based on
benefit and collected along with property taxes. In order to preserve this
funding option, it is necessary for the Board to adopt resolutions expressing
its intent to use the uniform method of collecting, commencing in November
2014. Staff recommends Board adoption of Resolutions 2013-208 through
2013-221 as outlined in the agenda memorandum and authorization for the
Chairman to sign documents as approved by the County Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
2. Resolution 2013-209 - Fra Mar Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Chris Dzadovsky, District No. 1
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
3. Resolution 2013-210 - Iroquois Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4, Vice -Chair
SECONDER: Kim Johnson, District No. 5
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
4. Resolution 2013-211 - Jenkins Park Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Paula A. Lewis, District No. 3
SECONDER:
Chris Dzadovsky, District No. 1
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
5. Resolution 2013-212 - Kings/Indrio Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- B1
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Chris Dzadovsky, District No. 1
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
6. Resolution 2013-213 - Lakewood Park 2 Municipal Services Benefit Unit
Notice of Intent for 2014
This item was heard concurrently with Item # VIII- Bl
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
7. Resolution 2013-214 - Lakewood Park 3 Municipal Services Benefit Unit
Notice of Intent for 2014
This item was heard concurrently with Item # VIII- Bl
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4, Vice -Chair
SECONDER: Chris Dzadovsky, District No. 1
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
8. Resolution 2013-215 - Noa Street Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- Bl
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
9. Resolution 2013-216 - Parkland Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- Bl
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Chris Dzadovsky, District No. 1
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
10. Resolution 2013-217 - Rainbow Drive 1 Municipal Services Benefit Unit Notice
of Intent for 2014
This item was heard concurrently with Item # VIII- Bl
BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
11. Resolution 2013-218 - Rainbow Drive 2 Municipal Services Benefit Unit Notice
of Intent for 2014
This item was heard concurrently with Item # VIII- 131
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
12. Resolution 2013-219 - River Hammock Municipal Services Benefit Unit Notice
of Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Chris Dzadovsky, District No. 1
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
13. Resolution 2013-220 - Yates Road Municipal Services Benefit Unit Notice of
Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4, Vice -Chair
SECONDER: Chris Dzadovsky, District No. 1
AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
14. Resolution 2013-221 - Towns, Villages, and Countryside Municipal Services
Benefit Unit Notice of Intent for 2014
This item was heard concurrently with Item # VIII- B1
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Paula A. Lewis, District No. 3
SECONDER:
Chris Dzadovsky, District No. 1
AYES:
Mowery, Hutchinson, Dzadovsky, Lewis, Johnson
IX. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Midway Road Improvements - Four-Lanning of Midway Road from South 25th
Street West to Selvitz Road - Mr. & Mrs. Raymond Harless - Parcel ID 3403-
502-0174-000-7 - Review of proposed Contract for Sale and Purchase
The County Attorney provided background regarding the negotiations to
acquire the property owned by Mr. & Mrs. Raymond Harless to avoid eminent
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domain for the Midway Road widening project. Staff believes that this
contract is a fair resolution as it will provide the property owner with
sufficient funds to rebuild their house and it is necessary for the road
improvement. The County Attorney recommended approval.
Commissioner Mowery thanked the County Attorney and staff for their efforts
on this item.
Commissioner Dzaclovsky commented that he is not in favor of eminent
domain and he is happy that the owner has been compensated and that the
County Attorney has found a positive outcome.
Commissioner Johnson stated that he is also grateful to the County
Attorney's office as it relates to this process.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1
SECONDER: Kim Johnson, District No. 5
AYES: Mowery, Hutchinson, Dzaclovsky, Lewis, Johnson
2. Resolution 2013-224 - Animal Shelter Standards - Adopting Proposed Animal
Shelter Standards Committee Worksheet
The Assistant County Attorney provided background on this item and
explained that this resolution provides for the adoption of an inspection
worksheet that was prepared by the Animal Shelter Standards Committee.
Staff recommended approval of the resolution.
Commissioner Hutchinson gave kudos to staff for thinking outside the box
and ensuring that this process works before bringing to the Board.
The Assistant County Attorney mentioned lack Southard, Tiffany Bennett and
Amy from their office who have put in a great deal of work to coordinate this
process.
Commissioner Lewis stated that she appreciates the time and effort of
everyone involved.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Johnson, District No. 5
SECONDER: Paula A. Lewis, District No. 3
AYES: Mowery, Hutchinson, Dzaclovsky, Lewis, Johnson
B. PARKS, RECREATION & FACILITIES
Tourist Development Tax - Use of the 33% of the 5th Cent
Staff provided background on this item regarding the Tourist Development
Counsel's recommendation to reactivate the competitive grant process. This
item specifically relates to the use of the 33% of the fifth cent of the tourist
development tax. Funds were made available through a competitive grant
process that was available to local nonprofit organizations and governmental
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entities for the use of capital facilities that promote tourism. She discussed
the results of this process as it related to the awarded funds. She then went
on to talk about the recent presentation to the Board made by the UDT Seal
Museum requesting $250K to fund an upcoming capital project. The request
was not made to the Tourist Development Counsel through the competitive
grant process so the Board asked staff to provide a financial status for the
fund as well as an overview of the competitive grant process before making a
decision. The Board was favorable towards the Seal Museum project;
however, there was a concern for awarding funding without the Tourist
Development Council's involvement and the use of the competitive grant
process. A presentation was then made to the Tourist Development Council
by the UDT Seal Museum requesting $250K to fund the project that would
expand their interior exhibits. The Tourist Development Council voted
unanimously to reactivate the competitive grant process with conditions to
simplify the grant application process and fast -track the grant award process
to allow other organizations the opportunity to apply for grant funding. It is
recommended that the Board consider the Tourist Development Counsel's
recommendation, allocate funding from the fifth cent and permit the
simplification of the grant award process.
Commissioner Dzaclovsky shared his thoughts from the Tourist Development
Counsel's meeting and stated that everyone from the Tourist Development
Board does support the UDT Seal Museum but they feel that the grant award
process should be created. He also talked about the concern that if the grant
award process takes a long time that the monies would not be retroactive. If
the Seal Museum wants to move forward with their investment, they may not
have the match if the process takes a long period of time. The Council made
it clear that they want to fast -track the process and encourage the Seal
Museum to participate. There may not be another group interested that is
able to match the funds. If this is approved, the monies in the fifth cent will
be nonexistent through 2019 unless there's more revenue that comes in. He
explained that the Tourist Development Counsel were trying to put the
money aside so that when the Backus Museum is ready to go forward that a
cash payment could be provided. He explained that he supports the UDT Seal
Museum but he voted in favor of the grant process to support the Tourist
Development Counsel.
Commissioner Mowery stated that he feels that we are getting in the way of
an amazing opportunity. This is the second largest tourism venue that we
have and they have $1 Million already available for their match. They are
asking for small amount of money comparatively and now we want them to
go through a 3 to 4 month process to do something that may put them out of
the window of opportunity for funding.
Commissioner Dzadovsky clarified that staff was directed to make a
recommendation; however, staff had no opinion and did not encourage the
Tourist Development Counsel regarding their decision.
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
Commissioner Mowery discussed the recommendations and commented that
he is surprised because we have an organization that has been doing so
much on the treasure coast and he is surprised at how this is being treated.
Commissioner Hutchinson asked if the Board discussed the timeframe for the
grant process revisions and how long before it will be out on the street and
then brought back before the Board.
Commissioner Dzaclovsky explained that the original process took months
and months. The Tourist Development Counsel did talk about it and they do
want to fast -track the process but by the time they put it on the street it'll be
30 days depending on how involved the applications are. They figured
another 30 to 60 days depending on the number of applications.
Commissioner Hutchinson asked if they're going to change the grant process
first and if that's going to take 30 days.
Commissioner Dzaclovsky explained that staff is already working on making
incremental changes. The process can be simplified pretty quickly; a lot of
the grant process is a contract between the County and the recipient.
Staff responded that they will have to advertise that the grant is available so
that will be at least 30 days and then give the applicants time to submit their
applications which is another 30 days and then the evaluation process can
take place. The estimate would be three months but realistically it would
probably be 3 to 5 months.
Commissioner Hutchinson asked if that's using the current grant process or if
they need to add time to review and change the process.
Staff responded that the application itself would be simplified; the grant
process could be fast tracked based on the timeline just given.
Commissioner Mowery asked if she will need Tourist Development Counsel's
approval to move forward with the changes.
Commissioner Dzaclovsky responded that the Tourist Development Council
has already given direction to work on the changes.
Commissioner Mowery stated that he understands but usually the Board
would want to approve those changes.
Staff responded that out of the 38 pages of the grant packet, the application
is eight pages long.
Commissioner Mowery asked if the Tourist Development Council Board has to
approve of the proposed changes.
Staff responded that they can bring it directly to the Board of County
Commissioners if requested.
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
Commissioner Dzaclovsky reiterated that if the funds are expended prior to
the grant process happening, there is concern that the monies would not be
retroactive. He went on to talk about the UDT Seal Museum and suggested
that they reach out to Indian River County's Tourist Development Board for
possible future funding as many of the bed nights likely come out of Indian
River County.
Commissioner Johnson feels this could be a win -win situation for the County
considering that attendance has increased with the previous expansion and
the bed tax will likely increase as well. This facility is an income generator,
they already have matching funds and the project is in place. He suggested
that going forward they can go through the grant process to benefit multiple
projects.
Commissioner Lewis understands the desire of the Tourist Development
Council to have cash in hand to fill an obligation; however, they're talking
about reopening the grant process. If they save the money than she doesn't
see how they can proceed with the grant process at this time looking at the
projections for the revenue. She feels it will be difficult to accomplish both
objectives. She's also concerned about the verbiage that says that the
Tourist Development Council will make the final funding allocation decision.
She feels that decision needs to come to the Board because the funds are
taxpayer dollars. She is also concerned about the timeframe especially
because the Seal Museum may not have enough time. She went on to talk
about the Seal Museum and the fact that they have money in hand to move
forward but they don't have time to wait.
Commissioner Dzaclovsky agreed with Commissioner Lewis regarding the
wording and said that it should read "recommendation of funding" as
opposed to "final funding allocation". He thinks that everyone supports the
UDT Museum and feels that the votes are there to move forward. He advised
the Board that he will not support by vote only to show his support for the
Tourist Development Counsel; although he hopes that this will be approved
by the Board moving it forward and seeing the expansion of the UDT Seal
Museum and all the values it brings the community.
Commissioner Johnson made a motion to approve and recommended that
they do go back to the grant process moving forward.
Commissioner Mowery asked for clarification on the motion.
Commissioner Johnson made a motion to approve the funding for the Seal
Museum.
Commissioner Dzaclovsky seconded the motion with comments. The fifth
cent only has about $123,000 left and since the request is for $250,000, if
approved, the funding would be based on future revenue. He questioned how
the process would work and how the money would be allocated.
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
The County Attorney responded that since the request is for $250,000 and
there is $126,000 on hand, that money could go to the Seals immediately
and the balance would be paid as it's accumulated.
Staff advised that is how it has been done in the past.
The County Attorney said that the balance would be paid as it is collected
over time until the $250,000 is reached and, based on projections, it would
go through June 30 of 2014.
Commissioner Dzaclovsky reiterated that Mr. Mundt had only asked for the
first half of the funds and then the second half down the road.
The County Attorney suggested that they talk to Mr. Mundt and come back
with a contract agreement that can be presented to the Board with the idea
that the Board is going to fund the project. He understood Commissioner
Johnson's motion to direct staff to work things out with the Seal Museum and
then bring this back at the next Board meeting for approval.
Commissioner Lewis agreed that the Board should approve the concept and
move forward and have the details brought back to the Board.
Commissioner Mowery clarified that the motion intends that this item be
approved and the details will be discussed at the next meeting.
The County Attorney said he didn't feel that it would be an item of great
discussion; it would be direction to staff to negotiate an agreement with the
Seals to bring back to the Board for consideration.
Commissioner Johnson made a motion to approve funding with the idea that
staff will work with the Seal Museum towards a resolution.
Commissioner Dzaclovsky said that although the seconded the motion, he will
not be supporting his second so that the Tourist Development Counsel knows
that their voice was heard.
Commissioner Hutchinson said that she understands what Commissioner
Dzaclovsky is saying; however, she hopes that any advisory board would
understand that they are not there to rubberstamp the recommendations.
She asked if they will be taking a specific action regarding the process.
Commissioner Mowery clarified that they are asking for staff to simplify the
process and bring it back for later review.
Commissioner Hutchinson wanted to be sure because it wasn't part of the
motion.
Commissioner Mowery asked if that should be part of the motion or if they
wanted to provide direction to staff.
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
The County Administrator responded that they can act on the Board's
direction.
Commissioner Dzadovsky questioned if he's able to the second motion and
go against his second.
The County Attorney responded that he can second the motion and go
against his second.
Commissioner Mowery clarified that there was a motion specific to the
approving of this item and direction to staff to bring the application back for
further review before the Board at the November 5 Ih meeting.
Commissioner Lewis commented that she respects and appreciates the
Tourist Development Counsel's opinion and input. She said appreciates that a
few of the members have been on the counsel for a long time but reiterated
that items relating to spending taxpayer dollars should be heard by the
Board.
Commissioner Dzadovsky commented on the presentation that was made
and thanked Mr. Mundt and the Seals.
Un
BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
RESULT: ADOPTED AS AMENDED [4 TO 11
MOVER: Kim Johnson, District No. 5
SECONDER: Chris Dzadovsky, District No. 1
AYES: Tod Mowery, Frannie Hutchinson, Paula A. Lewis, Kim Johnson
NAYS: Chris Dzadovsky
C. Motion to: MOTION TO APPROVE WARRANT LIST NO. 53
RESULT:
ADOPTED [4 TO 01
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
X. ANNOUNCEMENTS
1. 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.
2. 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.
owery
r
Joseph E. Smith Clerk of Circuit
Court
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BOCC Regular Meeting Tuesday, October 15, 2013 9:00 AM
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.
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