HomeMy WebLinkAboutBOCC Minutes 01-05-2010
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: January 5, 2010 Convened: 6:00p.m.
Adjourned: 7:10 p.m.
Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris
Dzadovsky
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather
Young, Asst. County Administrator, Debra Brisson, Parks and Rec. Director, Beth Ryder, Community
Services Director, Mark Satterlee, Growth Management Director, Ken Mascara, Sheriff, Joseph E. Smith,
Clerk of the Circuit Court, Millie Delgado-Feliciano, Deputy Clerk
_____________________________________________________________________________________________
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the December 22, 2009 meeting.
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held
December 22, 2009, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 10-011 – A resolution recognizing the contributions of the Teen Anglers to the St.
Lucie County Artificial Reef Program.
Consider staff recommendation to adopt Resolution No. 10-011 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-011,
and; upon roll call, motion carried unanimously.
Mr. Jim Oppenborn was present to accept the proclamation.
B. COUNTY ATTORNEY
Resolution No. 10-014 proclaiming January 9, 2010 as “Delia Lane Day” in St. Lucie County,
Florida.
Consider staff recommendation to adopt the attached Resolution No. 10-014 as drafted.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-014, and;
upon roll call, motion carried unanimously.
Mrs. Delia Lane was present to accept the proclamation.
Com. Dzadovsky addressed the Blood Drive which took place on November 18, 2009. He advised
the Board and those present of the 1,083 pints of blood donated on behalf of the VanDozer
Foundation. Those who participated in the blood drive were, Ken Mascara, St. Lucie County
Sheriff, Chief Parish, St. Lucie County Fire District, Dr. Massey and the St. Lucie County Court
System.
Mr. Scott VanDozer was present and thanked those who participated and supported the drive.
Mr. Mike Pratt, Chief Operating Officer for the Blood Center advised the Board and those present
that over 1,000 people came to the pizza parlor owned by Mr. VanDozer to donate blood. He
advised those present the 1,083 pints donated would help over 3,000 people with various needs.
V. GENERAL PUBLIC COMMENT
Mr. George Baker, Port St. Lucie resident, addressed the Board and expressed his appreciation for their
support in providing the citizens of the county with such great parks. He urged the residents viewing the
meeting tonight to visit one of the many parks the county has provided.
Mr. Marty Lavin, South Hutchinson Island resident and past President of the Marine Industry Association of
the Treasure Coast addressed the Board and thanked Mr. Oppenborn and the Teen Anglers. He thanked
the Board for maintaining the quality of our water and access. He advised the Board he attended the
Economic Development Council luncheon and was impressed with the fact the council has made their main
target the renewable energy industry. He also represents Climatic Solar as one of their Renewable Energy
Specialists. The firm will be having a wine and learn (public teaching programs on solar) on January 27,
2010. If anyone is interested, he asked they contact Climatic Solar.
A member of the Board of Directors for Nettles Island (unintelligible name given) addressed the Board and
thanked them for their consideration on Resolution 10-015 a resolution requesting a traffic signal be placed.
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding fertilizer management and stated the
Indian River Lagoon would benefit from the Phosphorous and Nitrogen application type of management
plans.
Mr. Bill Kates, Nettles Island thanked the Board for considering Resolution No. 10-015. He advised the
Board they have a senior citizen community where they must cross in an area where there are pools and
ocean front property.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by com. Coward, to approve the Consent Agenda, and; upon
roll call, motion carried unanimously.
A.WARRANTS
Approve warrant list No. 13
The Board approved Warrant List No. 13.
B.COUNTY ATTORNEY
1. Request Permission to Advertise Notice of Intent to vacate a portion of the Plat of Airport
West Commerce Park Phase I as recorded in Plat Book 60, Pages 31-35
The Board authorized staff to advertise a Notice of Intent to vacate a portion of the Plat of
Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35.
2. First Amendment to Road Improvement Agreement with KB Homes for Neill Farms
Development
The Board approved the First Amendment with KB Homes.
3. Resolution No. 10-015 – Supporting the request of Nettles Island Community Action
Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to
Nettles Island.
The Board adopted the attached Resolution No. 10-015 supporting
the request of Nettles Island Community Action Association for a traffic light at South
Hutchinson Island along A-1-A at the entrance to Nettles Island.
Mr. Mark Boston, Nettles Island resident, addressed the Board and thanked them for
their support and the drafting of Resolution No. 10-015.
4. Bear Point Mitigation Bank – Credit Reservation Agreement with River Pak Place 2, L.P.
The Board approved the proposed Credit Reservation Agreement
with River Park Place 2, L.P., and authorized the Chairman to sign the agreement.
5. Resolutions No. 10-016 & No. 10-019 - Supporting the efforts of Bill Wallace and the
Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep
and Cadillac Dealer.
The Board adopted the attached Resolutions No. 10-016 and No. 10-019 supporting the
efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St.
Lucie County as a Chrysler Jeep and Cadillac Dealer.
Com. Grande addressed those present and stated one of the Board’s key aim is jobs and
the local economy. At the national level there have been decisions made to close some
of our local dealerships. They are writing to the appeals board in hopes they will keep the
dealerships open.
Mr. Bill Wallace, Wallace Automotive Group addressed the Board and stated on behalf of
the 80 jobs they thanked the Board for their support and stated they would provide
information to anyone who would like to send letters.
6. Request to amend and approve a Contractual Rate Agreement with United for Families,
Inc. (UFF) for drug screening services received at the St. Lucie County Drug Screening
Lab for FY 2009 through FY 2012.
The Board approved the Amended Contractual Rate Agreement with United for Families,
Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF
and authorized the Chairman to sign the Amended Contractual Rate Agreement.
7. Agreement with Sheriff Regarding Media Relations
The Board approved the Agreement with the Sheriff and authorized
the Chairman to sign.
8. Madison Vines, L.L.C. - Donation Agreement for Transit Shelter and Related
Infrastructure
The Board approved the proposed agreement with Madison Vines, L.L.C., and authorized
the Chairman to sign the agreement.
C. PUBLIC WORKS
1. Mainline Supply Conditional Acceptance – Maintenance Agreement
The Board approved the conditional acceptance of the public improvements and the
Maintenance Agreement.
2. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA)
Amendment Number Three – ANS-69 Repairs to Damaged County Roads Caused by
Hurricane Jeanne
The Board approved Amendment Number Three to the JPA with the FDOT for ANS-69
Repairs to Damaged County Roads Caused by Hurricane Jeanne, and authorized the
Chairman to sign documents as approved by the County Attorney.
3. Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs)
The Board authorized the public hearing for the Lennard Road MSBUs to be held on
February 2, 2010, as outlined in the agenda memorandum.
D. COMMUNITY SERVICES
Modification to the agreement with St. Lucie Inspired Network to Achieve Community Together
(INTACT)
The Board approved the amendment extending the term of the agreement to September 30, 2010;
approval of Budget Resolution 10-012; and authorized the Chairman to sign documents as
approved by the County Attorney.
Ms. Stephanie Myers, Community Services, advised the Board they are continuing to assist those
residents who had damage from Tropical Storm Faye and also have helped 350 residents with
mitigation.
E. AIRPORT
Runway 10R/28L Rehabilitation
The Board approved the First Amendment to PBS&J Work Authorization No. 7 for Resident Project
Representative Services for the Runway 10R/28L Rehabilitation for a lump sum of $1,650 and no
additional time; and authorized the Chairman to sign the document as approved by the County
Attorney.
F. SHERIFF’S OFFICE
Draw Request – January 2010
The Board approved the Sheriff’s double draw request for January 2010 in the amount of
$5,563,163.
(Amount requested; 1 draw total = $5,563,163) (2 draw total = $5,563,163)
stnd
This is a total of $11,126,326 for the month of January.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A.COUNTY ATTORNEY
Ordinance No. 10-003 (formerly 09-009) – Historic Preservation
This is the first of two public hearings. No Board action is needed at this time. The second hearing
will be held on February 2, 2010, at 6 p.m. or as soon thereafter as may be heard.
The Assistant County Attorney addressed the Board on this item and advised the Board staff
recommended making changes to Ordinance 05- 003 adopted on August 2, 2005. This
recommendation was made in order to bring it into compliance with case law and Florida Certified
Local Government requirements. By becoming a certified local government, St. Lucie County
would be eligible for state and federal grants related to Historic Preservation.
The state preservation officer has reviewed the proposed ordinance and found it complies with the
requirements for certification. On May 26, August 25, September 22 and October 27, 2009 the
Historical Commission reviewed the proposed Ordinance and unanimously recommended
forwarding it to Planning and Zoning Board with suggested revisions. On November 19, 2009 the
Planning and Zoning Board unanimously voted to forward the Ordinance to the County
Commission for approval directing staff to take into account the comments provided by the public
and members of the Commission.
The draft ordinance incorporates the following elements that differ from the existing Historic
Preservation Ordinance which was adopted in 2006:
Chapter 2.00.00LDC
Changes definition of Historic Resource to match definition of Exceptional
Historic Resource in the Historic Preservation Ordinance
Replaces Florida Master Site File threshold with registration on National, State
or Local Historic Registries
Chapter 4.11.01 LDC
Incorporates Historic Preservation Ordinance into the Land Development Code
Creates Historic Preservation Board of five professional experts and two lay
persons, as required by case law and the Florida Certified Local Government
standards
Changes definition of “Exceptional Historic Resource” to match criteria used by
National Register of Historic Places, but on the local level
Deletes definition of “Resource of Exceptional Importance” because it is never
mentioned in the ordinance again
Adds “midden” to the definition of “mound”
Removes confusing procedure for reviewing applications to the National Register and
replaces with procedure required by State Preservation Board
Provides for withdrawal of application by applicant anytime before final Board decision
Gives Historic Preservation Board 60 days to accept or reject application for
designation
Growth Management Director or designee (Historic Preservation Officer) examines
any application for a resource, site or structure which may be over 50 years old or an
archaeological site listed on the Florida Master Site File and determines if it reasonably
could meet criteria of Exceptional Historic Resource in Historic Preservation Ordinance
within 30 days of receipt:
If not, application goes back to originating department
If so, application goes to Historic Preservation Board under its Emergency powers
in the Historic Preservation Ordinance
Provides that Emergency Powers can only be used if a structure or site is an
Exceptional Historic Resource (one that can be designated without the permission
of the property owner)
Review of developments in archaeological zones will be done through the development
review process rather than a Special Certificate of Appropriateness. Copies of
archaeological reports will be provided to staff when required by Code then to Planning
and Zoning and the BOCC
Provides that any fines collected for violations of the Historic Preservation Ordinance be
placed in the Historic Preservation Trust Fund
Provides that the BOCC may establish a Historic Village
Chapter 1-10.2 Code and Compiled Laws, Historic Preservation Ordinance
Deletes Historic Preservation Ordinance from Code and Compiled Laws as it
Is incorporated into Chapter 4 of the Land Development Code
Chapter 1-16 Code and Compiled Laws, Historical Commission
Deletes the Historical Commission because its duties (collection of data and marking
of historic sites) have been assumed by County museum staff and the Historic
Preservation Board (historic preservation)
The changes recommended by members of the public or members of the Planning and Zoning
Commission and incorporated into the Ordinance by staff are summarized as follow:
Deletion of the creation of two alternate members of the Historic Preservation Board.
Staff recommended this language in response to Historical Commission concerns that the
new Historic Preservation Board may have trouble getting quorum if the professionals on
it have frequent conflicts of interest which prevent them from voting on an item. The
Planning and Zoning Commission felt that this policy was inconsistent with County policy
as no other board has alternates, that it would cause confusion, and that the problem of
conflicts of interests would not be that great.
At the Planning and Zoning meeting, a member of the public and a member of the
Commission expressed their concern that the Florida Master Site File was not taken into
account in the draft ordinance. The following language has been added to the definition
of “Historic Resource”: “Listing on the Florida Master Site File may indicate historic,
architectural, engineering, cultural or archaeological value”.
The changes recommended by the Historical Commission and/or Planning and Zoning
Commission and NOT incorporated into the Ordinance by staff are summarized as
follows:
The Historical Commission requests that the new Historic Preservation Board
retain the name “Historical Commission” rather than “Historic Preservation
Board” to allow for continuity of a group that has been in existence since 1963.
Staff has not objection to this request. The Planning and Zoning Commission
recommended that the name “Historical Commission” be used. Staff requests
guidance from the Board of County Commissioners before making such
extensive revisions to the text of the Ordinance.
The Historical Commission prefers that the Board of County Commissioners
makes final decisions with respect to Special Certificates of Appropriateness,
rather than the Historic Preservation Board. The Historical Commission feels
that the Board of County Commissioners would have more authority to negotiate
mitigation with property owners. Staff does not agree with this suggestion
because we feel that it would create an undue burden on the Board of County
Commissioners to review these applications and the professionals who will
constitute the new Historic Preservation Board will be uniquely qualified to make
such decisions. The Planning and Zoning Commission did not make a specific
recommendation to staff regarding this issue, but discussion indicated that they
leaned toward having the Board of County Commissioners make final decisions
on special certificates of appropriateness. Staff requests guidance from the
Board as to its wishes on this issue.
The Historical Commission suggests that the Ordinance give either the County or
private citizens the right to enter onto historically designated properties and
repair them in cases of extreme affirmative neglect. This suggestion stems from
the Historical Commission’s concerns regarding the Robinson House, which was
designated by the Board of County Commissioners but is in a state of severe
disrepair and is in the process of being foreclosed. Though staff agrees that
situations such as the Robinson House are unfortunate, staff does not agree that
either the County or private citizens should be given the right to enter onto
someone else’s private property to repair it. Staff does not think that such a right
can be given through a County ordinance, nor would it stand up to legal
challenge. These situations may be better addressed through grant programs
which assist property owners in repairing their own properties. At the Planning
and Zoning meeting, a member of the public and a member of the Commission
spoke in favor of this issue. Though the Planning and Zoning Commission did
not make a specific recommendation on this issue, the discussion indicated that
only one member of the Commission was in favor of it and staff reiterates its
recommendation that the Board of County Commissioners not include this in the
ordinance.
The Historical Commission recommends deleting the current exception to
Certificates to Dig for swimming pool excavation. Staff does not object to
this suggestion. However, staff recalls that this was a topic of contention
when the original Historic Preservation Ordinance was passed in 2005 and
the Board at that time decided to allow an exception for excavation of swimming
pools. At the Planning and Zoning meeting, a member of the public spoke in
favor of this suggestion, but the Commission did not give staff specific direction
on it. Staff seeks guidance from the Board of County Commissioners regarding
this language.
The Historical Commission recommends adding language which would give the
Historic Preservation Officer emergency powers to stop activity on a properly if
Previously-undiscovered archaeological material is found. Staff objects to this
recommendation for several reasons. First, State law already requires that
any discovery of human remains be reported to the state. Second, the County
previously performed an archaeological survey and any development activity
in an archaeological zone would be reviewed during the development process.
Third, the proposed language would inordinately burden private property rights
and be hard to legally defend. Fourth, a process already exists in the ordinance
to have archaeologically significant property designated. If someone discovered
that his neighbor had excavated an archaeologically significant object, he could
that to the attention of a local historic group and they could petition to have the
property designated. At the Planning and Zoning Commission meeting, a
member of the public and a member of the Commission spoke in favor of this
issue. Though the Planning and Zoning Commission did not make a specific
recommendation on this issue, the discussion indicated that only one member
of the Commission was in favor of it and staff reiterates its recommendation that
the Board of County Commissioners not include this in the ordinance.
The Historical Commission suggests that the Ordinance require that the Historic
Preservation Board meets six times a year, rather than four times a year. Staff
does not agree with this recommendation because the new Advisory Board
Procedures adopted by the Board of County Commissioners state that advisory
boards should only meet when there is action to be taken. The state Certified
Local Government programs requires that the Historic Preservation Board meet
at least four times a year, but if the Chari and staff do not have any items to bring
to the Board beyond those four meetings, they should not be required to meet.
At the Planning and Zoning Commission meeting, a member of the public spoke
in favor of this issue. Though the Planning and Zoning Commission did not
make a specific recommendation on this issue, the discussion indicated that they
were in favor of it. However, staff reiterates its recommendation that the Board
of County Commissioners keep the required meetings to four times a year.
The Historical Commission suggests that the new Historic Preservation Board
be given the duties of the Historical Commission relating to data collection and
marking of historic sites. A member of the public and the discussion of the
Planning and Zoning Commission indicated a desire to give these duties to the
Historic Preservation Board. However, staff does not recommend this. The
Historical Commission has not collected data or placed historic markers for many
years . The collection of data is now the responsibility of museum staff. Because
of the limited staff resources to do the extensive research involved, staff
requests that the marking of historic sites be left out of the responsibilities of the
new Board. This type of activity is frequently done by private civic and historic
organizations who are better equipped to handle it.
A member of the Planning and Zoning Commission pointed out that section
4.11.05(B)(3), which sets out when a member is deemed resigned, does not
match the draft language for Chapter 12 of the Land Development Code.
However, Chapter 12’s language only applies to the Planning and Zoning Board.
The language in section 4.11.05 (B)(3) is consistent with the new Advisory Board
procedures.
Com. Dzadovsky questioned if in re-doing this ordinance there was a fund available for those who are attempting to
store preservation and or purchase historic property or have historic property.
The Asst. County Attorney stated there was a historic preservation trust fund, however there are no funds in it
currently.
Com. Dzadovsky asked if there was a way to create a fund similar to the solar and renewable energy financial
institution funded by grants and hopefully perpetuating this down the road.
The Asst. County Attorney stated they could look into this request. This is a lot of the motivation in becoming a local
certified government.
Com. Dzadovsky questioned the moving of such properties.
The Asst. County Attorney stated is criteria for designation if it can be moved intact. She also advised the Board in
some instances moving the structure can destroy the historical integrity of the historical value.
Com. Dzadovsky asked if he someone was to purchase historical property, were there tax credits and if they could be
transferable.
The Asst. County Attorney advised the Board there would be tax credits on the value of the improvements made.
Com. Dzadovsky encouraged diversity be considered when appointing the Board members in order to present a
point of view.
The Asst. County Attorney addressed the eight bullets presented and requested guidance on the first three issues
due to the fact it would be time consuming when making changes. She also requested any input for the remaining
five issues should the Board desire to address them today otherwise she could walk them around before the next
public hearing.
Ms. Lucille Rice, consultant to the Historical Preservation Commission addressed the letter from Bob Carr, the
archaeologist. He completed the survey and at that time he felt swimming pools should be included and this is a
good time to do so. She recommended a coquina fire place built in 1944 be obtained by a conservation easement
from the county. It is located at 4111 S. Indian River Drive. She also addressed the Robinson house that is in
terrible condition and close to being demolished by neglect.
Com. Dzadovsky addressed what he felt should be handled at the state level, Florida delegation. He believes
creating legislation would be more helpful. He addressed the fact that it is very difficult to go on private property
without the consent of the owner.
Ms. Kara Woods, Historical Preservation Officer addressed the Board and stated they do have a map indicating
archeological zones. She also addressed the process for swimming pools.
No action necessary this is the first of two public hearings.
B.GROWTH MANAGEMENT
Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be
known as SL2623 Coastal Telecommunication Tower.
Consider staff recommendation to adopt Draft Resolution No. 10-002 approving the request for a
Conditional Use Permit as outlined in the agenda memorandum.
Staff advised the Board she would be presenting information on both agenda items B and C and
informed them the petitioner was requesting a continuance for both items however they will require
two separate motions.
It was moved by Com. Craft, seconded by Com. Lewis, to continue this item for February 2, 2010
at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried
unanimously.
C. GROWTH MANAGEMENT
Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07
of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos
Road).
Consider staff recommendation to adopt Resolution No. 10-003 approving the paving waiver
GENDA
It was moved by Com. Craft, seconded by Com. Lewis, to continue this item for February 2, 2010
at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried
unanimously.
VIII. GROWTH MANAGEMENT
Petition of BPSC Industries, LLC Major Site Plan located at 2525 Center Road.
Board adoption of Resolution No. 10-008 granting BPSC Major Site Plan approval with conditions as
outlined in the attached memorandum.
Staff advised the Board the petition consists of eight buildings as follows:
Warehouse 202,950 square feet
Office 72,000 square feet
Manufacturing 91,000 square feet
Mezzanine storage 9,000 square feet
The Environmental Resources Director advised the Board of the benefits of the land swap and the
conditions of approval.
Com. Coward applauded the landowner and staff for coming up with such a solution.
Com. Grande asked if the drainage would still run off from the property since it is being raised and not
Impact surrounding property.
The County Engineer stated they will assure that the two foot of fill does not affect the drainage in the
surrounding neighborhood.
It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll
Call, motion carried unanimously.
IX. ANNOUNCEMENTS
1. The St. Lucie/Martin Regional Transit Summit will be held on Friday, January 8, 2010 from 9 a.m.
until 12 p.m. at Tradition Town Hall located at 10799 Civic Lane, Port St. Lucie. For more
information, please contact Marcia Lathe at 772-462-1671.
2. The Board of County Commissioners will hold a Workshop on Monday, January 11, 2010 at 2:30
p.m. in Conference Room #3 to discuss 2011 Appropriations Priorities and the House Jobs Bill.
3. St. Lucie County will conduct workshops on the Western Lands Study on Thursday, January 14,
2010 and Thursday, February 11, 2010 from 9 a.m. – 3 p.m. at the IFAS IRREC located at 2199
South Rock Road, Fort Pierce. For more information please contact Kara Woods, Planning
Manager at 772-462-2822. To RSVP please contact Sarah Smith 772-462-2380
smiths@stlucieco.org
4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January
26, 2010 at 1:30 p.m. in Conference Room #3.
There being no further business to be brought before the Board, the meeting was adjourned.
_________________________
Chairman
________________________
Clerk of the Circuit Court