Loading...
HomeMy WebLinkAbout110301 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 1, 2011 Convened: 6:02 p.m. Adjourned: 9:35 p.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning and Development Services Director, Joseph E. Smith, Clerk of the Circuit Court, Lucero Carrillo, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 15, 2011 meeting. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve the minutes of the meeting held February 15, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for March 1, 2011. V. GENERAL PUBLIC COMMENT St. Lucie County resident addressed the Board and advised them The Environmental Sustainability Alliance of the Research Coast had an educational event on Chinese Dry Wall a year ago. This group will be having a series of storm water permitting workshops, starting on April 8 th Ms. Jane Berkstrom, South Florida Water Management District addressed the Board and advised those present they will be having meetings for the community in the Chambers next week for the Governing Board and invited the Board and the general public. The meeting is scheduled for March 9. This is an opportunity th for the Board to hear the concerns of the community. The Water Management District does support the fertilizer ordinance before the Board this evening. Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to the manatees who gather here for warmth and shelter. Mr. Chris Williams addressed the Board and requested the Board consider what they will be approving tonight will have an effect on the jobs in St. Lucie County. VI. CONSENT AGENDA 6-B-4 Com. Dzadovsky advised the Board that in requesting information and for transparency purposes, the Commission on Ethics advised him there would be no conflict of interest if he voted on this issue. It was moved by Com. Lewis, seconded by Com. Mowery, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 21 and 22 B. COUNTY ATTORNEY 1 1. Treasure Coast Research Park - Acceptance of Assignment of Sixty (60) Acres Sublease from University of Florida Board of Trustees to School Board of St. Lucie County and Acknowledgment of Right of First Lease The Board approved the proposed Acceptance of Assignment and the proposed Acknowledgment of Right of First Lease, and authorized the Chairman to sign the documents. 2. Donation of Right-of-Way – WCA of St. Lucie, LLC – Warranty Deed for 10-feet of right-of- way on Range Line Road – Resolution No. 11-051 The Board accepted the Warranty Deed, authorized the Chairman to sign Resolution No. 11-051 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 3. First Amendment to Road Improvement Agreement with ECM Group, Inc. for Virginia Avenue Medical Office The Board approved the Amendment to the Road Improvement Agreement with ECM Group, Inc. B. COUNTY ATTORNEY CONTINUED 4. Agreement with Solar and Energy Loan Fund of St. Lucie County, Inc. (Grant Agreement No. ARS056) The Board approved the attached Agreement and authorized the Chairman to sign the Agreement. 5. Revocable License Agreement – Eric Hubbard – 211 Rio Mar Drive – River Park - Unit 2 The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. Hubbard to record the document in the Public Records of St. Lucie County, Florida. 6. Revocable License Agreement – Eric and Dawn Carlson – 7100 Hibiscus Road – Lakewood Park Unit 11 The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. & Mrs. Carlson to record the document in the Public Records of St. Lucie County, Florida. C. HOUSING & COMMUNITY SERVICES Community Services: Community Services Block Grant (CSBG) Modification The Board approved the Modification for the Community Services Block Grant, Budget Resolution 1-050, and authorized the Chairman to sign all documents as approved by the County Attorney. D. PUBLIC WORKS 1. Beau Rivage Drainage Improvements (South Shore Drive Everglades Boulevard Culvert Replacement) The Board approved the acceptance of the Beau Rivage Drainage Improvements (South Shore Drive and Everglades Boulevard Replacements). 2. Fort Pierce Harbor Advisory Committee Chair The Board approved to waive the two-year limit pursuant to Resolution No. 09-241, Attachment “A”, and allow Ms. Chapman to serve as Chair of the Fort Pierce Harbor Advisory Committee as elected by the Committee on January 19, 2011. 3. Mainline Supply Final Acceptance – Expiration of Maintenance Period The Board approved the final acceptance of the public improvements and authorized the release of the maintenance surety in the amount of $75,942.44. 2 4. Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement The Board approved awarding the bid to Melvin Bush Construction Company in the amount of $682,188 and authorized the Chairman to sign documents as approved by the County Attorney. E. OFFICE OF MANAGEMENT & BUDGET Sheriff, Clerk of the Circuit Court and the Supervisor of Elections Budget Submittal The Board approved the temporary suspension of Resolution No. 98-160 for the Sheriff, Clerk of Circuit Court and the Supervisor of Elections tentative budget submission until June 1, 2011 for their respective offices as indicated in attached Resolution No. 11-052, as drafted by the County Attorney for Fiscal Year 2011-2012. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Proposed Fertilizer Ordinance – 11-001A, 11-001B, and 11-001C Consider staff recommendation to approve Ordinance No. 11-001A. This item was moved to be heard at the end of the agenda. B. COUNTY ATTORNEY Ordinance No. 11-008 Library and Law Enforcement Impact Fees Consider staff recommendation to approve to adopt Ordinance No. 11-008 and authorize the Chairman to sign the Ordinance. The County Attorney presented an overview of the ordinance and the study performed by Dr. Nicholas. Dr. James Nicholas provided a summary presentation and history of impact fees. He stated 19 counties had either suspended or reduced their impact fees due to the recession. The County Attorney recommended the Board adopt the methodology and the decreases if the Board should decide not to adopt the ordinance. Com. Mowery questioned the increase in fees in various items. Dr. Nicholas stated he attempted to give the land uses that they would be most interested in. He stated some fees increased and some decreased. Com. Craft stated he would not be supporting the increase of impact fees due to the fact he felt it is not the appropriate time to do this and also the fact we would not be getting any significant lift into those coiffeurs. We are not losing anything. However he does agree with the methodology to be used when the economy moves in a positive direction. Com. Dzadovsky stated his position is that development should pay for itself and this methodology helps achieve that. There is no evidence that impact fees affect construction or development in any community. Com. Craft stated he believed in theory it would not, however it will affect newspaper headlines stating St. Lucie County raises impact fees when developers are looking at such things. In the short term and the perception is what he is trying to protect. Com. Dzadovsky stated he believes there may be an impact on the inventory we currently have and it should be used so that they can continue to raise property values. His view is it may continue to lower property values since the inventory is high at present and they do not need to add to it. He stated we should get the public to purchase what is already here. It is not his intent to deter. Com. Mowery stated he believed we should be competitive. He believes people look at every single dime when they start building. We should be open for business. If you look at a lot of our 3 fees we are actually deterring nursing homes and other types of development because the fees have increase 4 times for those particular uses. Com. Hutchinson stated she had been working with many of the private sector and they have indicated what they would like to see and they will be making a presentation to the Board as well as the cities and she would like their input prior to passing this, so she will not be supporting this item today knowing this will be coming forward. Com. Lewis stated she will be supporting this ordinance to move forward given the information that has been provided. She has not seen impact fees affect development as so stated. Com. Dzadovsky wished to reiterate that there is no evidence that impact fees deter development and that is clearly evident by the number of counties which have placed moratoriums. Com. Mowery we need to take a different perspective on how we do things. He stated there was report by Hank Fishkind where in Lee County it showed the opposite, that it did in fact affect development. Mr. Johnathan Ferguson addressed and stated he would recommend updating the methodology and also they need to look at fees for the Libraries. He questioned if doing a linear analysis may be the best way to come up with the Library impact fees. There may a perception and a message for those relocating that the county is increasing impact fees or maybe it would be best to say “ we need impact fees, but let’s keep them where they are especially when it is only a minor change. “ He encouraged the Board not to increase the fees at this time. Mr. Charles Grande, area resident, asked the Board to consider the non-residential side of things. He suggested if they wish to be attractive to business, they should tell those coming to St. Lucie County that in SLC you will be getting a level of service that has been pledged then you should be voting for an increase at this time. Robert (last name unintelligible) addressed Com. Dzadovsky’s comments regarding there is no evidence that impact fees affect development, he stated impact fees have impacts and gave the example of the Home Depot. It was moved by Com. Dzadovsky to approve Ordnance 11-008 library and law enforcement impact fees as recommended by staff, seconded by Com. Lewis, and; upon roll call, the vote was as follows: Nay: Hutchinson, Craft, Mowery; Aye’s: Dzadovsky, Lewis, motion denied by a vote of 3 to 2. The County Attorney recommended adopting the fee decreases, the methodology and the language on the abandonment effective April 1, 2011. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve Ordinance No. 11-008 library and law enforcement impact fees approving the methodology as presented by Dr. Nicholas, excluding impact fees increases and including the language of the land use category effective April 1, 2011; Com. Dzadovsky stated he wished to make sure that development pays for itself and not be a burden of the taxpayers and he will be voting in support of the motion he has a deep concern on placing the burden on the taxpayers and not having the impact fees at a point where development will pay for itself. Upon roll call, the vote was as follows: Nay: Lewis, Aye’: Mowery, Hutchinson, Craft, Dzadovsky, motion carried by a vote of 4 to 1. C. COUNTY ATTORNEY Ordinance No. 11-009 – Pain Management Clinics Consider staff recommendation to approve Ordinance No. 11-009. Com. Hutchinson questioned if this could be extended for more than one year. The County Attorney stated if it is extended for more than one year, there may be a legal challenge. He hoped to extend it until after the legislature makes a decision. If the state does not take action, they have a backup plan prepared and have an ordinance drafted. 4 Com. Dzadovsky questioned if they had researched what other counties are doing to avoid people shopping in other counties if they do not coincide with the county’s actions. Com. Craft stated they hope to be on the same page after the legislature takes their action. It was moved by Com. Hutchinson, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES Planning Division: Preliminary/Final Planned Non-Residential Development (PNRD) Site Plan and Rezoning Request – Treasure Coast Education, Research and Development Authority (TCERDA). Consider staff recommendation to approve adoption of Resolution No. 11-002 approving the petition of TCERDA for Preliminary/Final Site Plan and Rezoning from the AR-1, Agricultural Residential District to PNRD, Planned Non Residential Development District. The Executive Director of the Research and Education Park gave a brief summary and update on the project. Com. Mowery advised the Board he would be abstaining from voting on this item due to his involvement prior to his campaign and also representing the firm. The Board members (Lewis, Craft, Dzadovsky, and Hutchinson) acknowledged meeting with the Executive Director as well as participating on the TCERDA board. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to adopt Resolution No. 11-002, and; upon roll call, motion carried unanimously with Com. Mowery abstaining. E. COUNTY ATTORNEY Consider the revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. Consider staff recommendation to grant permission to revoke the conditional use permit for violation of a condition imposed upon such approval. The Assistant County Attorney advised the Board a continuance on this issue has been requested to the March 22, 2011 meeting. It was moved by Com. Dzadovsky, seconded by Com. Mowery to continue this item until March 22, 2011 at 9:00 a.m. or soon thereafter, and; upon roll call, motion carried unanimously. F. PLANNING & DEVELOPMENT SERVICES The Planning and Development Services Director requested the staff report be heard for items F and G at the same time; however, separate motions will be requested. Development Agreement (DVA) 06-001 Revocation, Incom Properties 31, Inc. Consider staff recommendation to approve authorization to schedule the second public hearing for Tuesday, April 5, 2011 at 6:00 p.m. or as soon thereafter as may be heard. Com. Craft acknowledged speaking with Mr. Ingraldi. Staff advised the Board no action has been taken by the applicant in the past year. Mr. Gary Glickman, Grand Bank representative addressed the Board and stated there was a Foreclosure sale last week on the property of item G. He is requesting an additional 60 days to get up to speed and get with the planners. 5 It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve continuing this item to April 5, 2011, and; upon roll call, motion carried unanimously. G. PLANNING & DEVELOPMENT SERVICES Development Agreement (DVA) 07-001 Revocation, Incom Properties 31, Inc. Consider staff recommendation to approve authorization to schedule the second public hearing for Tuesday, April 5, 2011 at 6:00 p.m. or as soon thereafter as may be heard. Com. Lewis stated she would like for both items to come back on April 5, 2011 for an update to see if there is interest by the bank and then decide should they wish to continue it again. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve continuing this item to April 5, 2011, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Permission to draw down the letter of Credit issued by First Peoples Bank Consider staff recommendation to draw down the Letter of Credit issued by First Peoples Bank. This item was pulled. A. COUNTY ATTORNEY Proposed Fertilizer Ordinance – 11-001A, 11-001B, and 11-001C Consider staff recommendation to approve Ordinance No. 11-001A. Mr. Jim Eagan, representing St. Lucie County members of Marine Resource Council and also Coastal Angler’s magazine addressed the Board regarding this item. He addressed the controversial issues other Counties are encountering regarding phosphorous and soil testing to show they need it. He stated Phosphorous is poisonous to our water bodies. Mr. Don Combs former employee of the research center in Ft. Pierce addressed the Board on this item and indicated that anytime the University of Florida or EPA get together and provide solid research everyone should look at what the indications are. He hopes they would see that blackout periods go against everything science recommends. The idea is to maintain healthy turf. The turf is a filter. He recommends the board approve staff recommendation. Mr. Andy Brady, Conservation Alliance, addressed the Board in favor of the Ordinance and stated anything they can do to keep the lagoon clean they are in favor of. Mr. Jones, the Indian River Keeper addressed the Board and stated Florida’s economic resources are disappearing. He stated he is not fixed that the ordinance is a one size fits all. He believes the Board needs to look at making sure they take that 50% nitrogen. He stated they would still have a legacy problem even if they do not put anything down. It’s cheaper to keep it out rather than taking it out later. This is an ordinance that does not cost anything, and he stated they would be helping Florida businesses and also the Indian River Lagoon. Mr. Bob Balasari, PGA Gold Club addressed the Board regarding the blackout issue and he stated this issue did concern them with the economic impact it would have. Ms Molly Jennings, Miracle Grow Company, addressed the Board in support of staff’s recommendation of the model ordinance and provided science based information. Com. Dzadovsky addressed his concern with the fact the homeowner may not be as knowledgeable as they should be when applying these products. Ms. Erica Santella, True Green, Technical Manager, addressed the Board and stated they are in support of Model Ordinance A to protect water quality. She believes this is not a one size fits all, it applies Professional judgment. The document Florida yards and neighborhoods allows homeowners to decide what level of lawn maintenance they want. 6 Mr. Craig Dominguez, Scotts Company, addressed the Board and stated they are all environments and are very sensitive as to what can happen to our waterways. He addressed blackout periods and layoffs. The people that are servicing the lawns are trained and professionals. There are many things that can pollute water. He believes using the products responsibly is the key. There are a lot of benefits to a healthy lawn. He believes Ordinance A does a great job. Mr. Steve Marini, General Manager, True Green Vero Beach addressed the Board and stated he understand the importance of water quality and recommends the Board pass option A. Mr. Mike Adams, representing SLC Farm Bureau addressed the Board in support of the model ordinance. He stated he believed education was the key. Mr. Tod Josko, representing True Green, addressed the Board in support of option A which is the recommendation of staff. He believes option C is bad science and not in the best interest of protecting water quality and has been rejected. Mr. Marshall Rusk, addressed the Board and stated it all comes down to them in the industry. He stated they are listening to hundreds of years of education tonight, and he believes they are attempting to hand cuff them. They apply well below industry standards, small amounts at a time. He asked the Board consider they employ hundreds of people and asked they all be considered and that the problem is not with them. Approving C instead of A will create a larger problem. Com. Craft requested clarification on which members of staff recommended option model Ordinance A. Mr. Jason Bassey, Stormwater Program Coordinator stated they recommended model Ordinance A. Com. Craft stated there has been in his opinion incomplete science to support C. Com. Dzadovsky addressed the question he had asked and the documentation staff concurred in being good science. Com. Hutchinson addressed the education of residents that is being done by our Exchange department. Com. Dzadovsky addressed the changes provided that has come from the learning process. He recommended supporting A and creating the lack of phosphorous (3 main parts of C into A) for after 3 years and review the Scientific data created during that time with the sunset provision that if the science does not back it up and it does not work then that portion of the ordinance sunsets. Com. Craft stated they have not done the science in the area locally to know what the impact is. Com. Dzadovsky stated if the same information is used with no change going into the water bodies, nothing nothing will change. Com. Craft stated he would not support a black out period for the record and asked for a consensus of the black out period. There was not a consensus of support. Com. Mowery stated he liked the idea of better educating the residents. He opposes the blackout period and he supports staff recommendation; Com. Lewis stated she would supporting staff recommendation and stated she was not in support of the blackout. Com. Dzadovsky stated he does not see A doing a lot and cannot support it and reiterated his recommendation with the sunset provision including those items in C. Com. Craft stated he could not support that recommendation. Com. Dzadovsky stated there are other counties that have blackout periods. Com. Hutchinson questioned if those counties have performed their own research and stated she personally did not wish to spend funds to do so. She stated she believed there was not one member of the Board that did not wish to protect the Indian River Lagoon. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve staff recommendation and; upon upon roll call, the vote was as follows: Nay: Dzadovsky; Aye’s: Lewis, Mowery, Hutchinson, Craft, motion carried by a vote of 4 to 1. 7 There being no further business to be brought before the Board, the meeting was adjourned. ____________________________ Chairman ____________________________ Clerk of the Circuit Court 8