DECEMBER 16, 2008 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

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1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 9:00 AM - MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA COUNTY COMMISSIONERS Susan L. Valliere, Chairman Doug Smith, Vice Chairman Patrick Hayes Sarah Heard Edward Ciampi Duncan Ballantyne, County Administrator Stephen Fry, County Attorney Marsha Ewing, Clerk to the Board Approved: DB 12/18/2008 PRESETS 8B1 Community Redevelopment Agency Update 1:30 PM 10 Public 5:05 PM 1. CALL TO ORDER ~ 9:00 AM A. INVOCATION Moment of Silence B. PLEDGE OF ALLEGIANCE C. S The Board added to the agenda the additional items of 4G1, 4H1, 6E and 8C2. D. APPROVAL OF AGENDA The Board approved the agenda with the additional items of 4G1, 4H1, 6E and 8C2. The Board pulled for discussion from the Consent agenda items 4E1 and 4E2. The Board withdrew from the agenda item 8A2. E. APPROVAL OF CONSENT AGENDA The Board approved the consent agenda minus the pull for discussion of items 4E1 and 4E2. NOTE: Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the "Recommendation" as it appears on the Board item is the approved action. 2. PROCLAMATIONS, OFFICIAL ACTS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS A. LEGISLATIVE UPDATE 1 Legislative Update 1 will be delivered via Supplemental Memorandum. AGENDA ITEM: 8043d80d ACTION T AKEN: The Board approved the staff recommendation to approve letters from the Board in support of the Indian Street Bridge and St. Lucie Inlet. The Board approved the resolution in support of funding for drug court programs. RESOLUTION NO COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. B. COMMISSIONERS C. COUNTY ADMINISTRATOR 4. CONSENT A. Clerk of the Circuit Court, Marsha Ewing 1. Minutes of the November 18, 2008 BCC Meeting. B. Administration, David Graham, Director 1. ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) ITEMS WHICH MEET THE THRESHOLD FOR BOARD APPROVAL This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM: RESOLUTION NO

2 4. CONSENT B. Administration, David Graham, Director 2. NOTED ITEMS Noted Items are documents for the Board's information that must be a part of the record but do not require any action. Transactions included in the Noted Items have been budgeted and are normally complete. AGENDA ITEM: COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE APPOINTMENTS The Board is asked to confirm their appointments to the Comprehensive Economic Development Strategy Committee. AGENDA ITEM: ae RESOLUTION NO C. Emergency Services, Thomas Billington, Director 1. INDIAN RIVER STATE COLLEGE IS SEEKING PERMISSION TO USE MARTIN COUNTY'S FIRE RESCUE FACILITIES TO PROVIDE CLINICAL TRAINING TO HEALTH CARE STUDENTS Indian River State College (IRSC) is in the process of updating their Health Science Student Experience Agreements for accreditation purposes. The Agreement with Martin County will permit their EMT and Paramedic students to perform clinical rotations while riding along with our Fire Rescue personnel. In return, IRSC allows Martin County Fire Rescue's Paramedic students to conduct their ride time while functioning in a dual role as both students and firefighters; saving overtime dollars. AGENDA ITEM: 803a790a D. Engineering, Don G. Donaldson, P.E., Director 1. REQUEST TO APPROVE A PURCHASE AND SALE AGREEMENT FOR PROPERTY REQUIRED FOR THE GREEN RIVER PARKWAY SOUTH PROJECT By Board direction, Property Management Staff has negotiated with property owners and made offers to obtain land needed for the proposed Green River Parkway. The current approved alignment necessitates acquiring a.25 +/- acre owned by Frank A. Wacha Jr., Individually and as Trustee. Staff is requesting that the Board approve the Purchase and Sale Agreement for this property. AGENDA ITEM: e0 RESOLUTION NO EXECUTE GRANT CONTRACT AGREEMENT WITH FLORIDA COMMUNITIES TRUST FOR THE REIMBURSEMENT OF 50 PERCENT OF THE ACQUISITION COSTS OF CLIFTON S. PERRY AND OLSON BEACH PROPERTIES Martin County has been awarded a grant from Florida Communities Trust (FCT) for 50 percent of the acquisition costs of the Clifton S. Perry and Olson Beach properties. Since these projects were preacquired by the County from the proceeds of the half cent Sales Tax the County must enter into a grant contract agreement with FCT in order to receive the reimbursement. AGENDA ITEM: 80433f3e E. Growth Management, Nicki van Vonno, Director 1. QUASI JUDICIAL: PINECREST LAKES, PHASE 10 - REQUEST FOR PLAT APPROVAL This is an application for Plat approval for a 36-lot single family subdivision on acres located on the south side of Jensen Beach Boulevard, on the east and west sides of Pinecrest Lakes Boulevard, north of the existing Pinecrest Lakes Subdivision. AGENDA ITEM: c ACTION TAKEN: The Board authorized the Chairman to sign the Plat and the streets, rights-ofway and lift station resolution. RESOLUTION NO Page 2 of 7

3 4. CONSENT E. Growth Management, Nicki van Vonno, Director 2. QUASI JUDICIAL: PINECREST LAKES, PHASE 10 - REQUEST FOR THE RELEASE OF UNITY OF TITLE The wrong Unity of Title was recorded for the Pinecrest Lakes, Phase 10 development. This is a request to release the existing Unity of Title and to accept a new Unity of Title for Pinecrest Lakes, Phase 10. AGENDA ITEM: ACTION TAKEN: The Board authorized the Chairman to sign the release and acceptance resolution. RESOLUTION NO QUASI JUDICIAL: HOBE SOUND POLO CLUB - REQUEST FOR PLAT APPROVAL This application is for Plat approval for a 50-lot agricultural/residential development including a acre polo complex with 5 polo fields, paddock areas, a horse track, a stick and ball area, a shed and a barn. The area of the proposed development site is 1, acres and the property is located on the north side of Bridge Road, between US 1 and I-95 in western Hobe Sound. In addition to the proposed lots and the polo complex, acres of the site will be reserved for future development. AGENDA ITEM: 8043abc0 RESOLUTION NO F. Utilities and Solid Waste, John Polley, Director 1. PERMISSION TO ACCEPT AND AUTHORIZE GRANT FUNDS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FISCAL YEAR 2009 ALTERNATIVE WATER SUPPLY PROGRAM Board action is requested to accept and authorize execution of documents for a grant from South Florida Water Management District's FY09 "Alternative Water Supply Funding Program." AGENDA ITEM: 80433e8e RESOLUTION NO G. Community Development, Jeff Oris, Director 1. RESOLUTION CREATING THE CITIZENS ADVISORY TASK FORCE TO REVIEW AND MAKE RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS RELATIVE TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS AS REQUIRED PER THE MARTIN COUNTY CITIZEN PARTICIPATION PLAN Staff requests that pursuant to the Martin County Citizen Participation Plan, a Resolution be approved creating the Community Development Block Grant Citizen Advisory Task Force and with the members of the Affordable Housing Advisory Committee plus two members of low-to-moderate income neighborhoods in the County to serve as the the Citizens Advisory Task Force. The Citizens Advisory Task Force will review and make recommendations to the Martin County Board of County Commissioners relative to Community Development Block Grant (CDBG) programs. AGENDA ITEM: RESOLUTION NO H. County Attorney, Stephen Fry, County Attorney 1. APPROVAL OF WATER AND WASTEWATER SERVICE AGREEMENT FOR PUBLIX AT BAKER ROAD Board approval is requested to authorize execution of a Water and Wastewater Service Agreement for Publix at Baker Road (City of Stuart) Development. AGENDA ITEM: 80443be0 Page 3 of 7

4 5. BOARD AND COMMITTEE APPOINTMENTS A. IMPACT FEE REVIEW COMMITTEE APPOINTMENTS The Board is asked to make the necessary appointments to the Impact Fee Review Committee due to all the terms expiring on December 12, AGENDA ITEM: e ACTION TAKEN: The Board appointed William W. Hannah, Tyson Waters, and Ransom Reed Hartman to server as At-Large members on the Impact Fee Review Committee and Mark Mathes as the At-Large Alternate. The Board also appointed the Agency members as outlined in the agenda item. Terms to begin December 16, 2008 and end on December 15, The Board also approved the Chair to sign the Resolution of Appointment and letters. RESOLUTION NO PUBLIC HEARINGS A. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 08-14, TREASURE COAST MALL PUD/DRI, A FUTURE LAND USE MAP AMENDMENT Staff requests the Board of County Commissioners consider transmittal of Comprehensive Plan Amendment 08-14, Treasure Coast Mall PUD/DRI, to the Department of Community Affairs. AGENDA ITEM: c ACTION TAKEN: The Board approved the proposed amendment. B. QUASI JUDICIAL: INDIANTOWN COGENERATION L.P. - REQUESTING APPROVAL OF THIRD AMENDMENT TO EXISTING PUD AGREEMENT TO REVISE THE PREVIOUSLY APPROVED PUD MASTER PLAN AND UPDATE THE TIMETABLE OF DEVELOPMENT AND SPECIAL CONDITIONS TO RECOGNIZE CURRENT PROVISIONS OF THE FLORIDA ELECTRICAL POWER PLANT SITING ACT, WHICH GOVERNS SUCH FACILITIES STATE-WIDE Indiantown Cogeneration, L.P. is requesting approval to revise the existing PUD master plan to add two rail spurs, security modifications, a re-use water line from The Indiantown Company, eliminate the visitor center from the administration building and add an easement to allow the Floridian Natural Gas easement for gas line connection. The updated PUD agreement will allow for future site certification procedures and order under provisions of the Florida Electrical Power Plant Siting Act. AGENDA ITEM: 80435a3a ACTION TAKEN: The Board approved the staff recommendation and authorized the Chairman to execute the PUD Agreement. C. PUBLIC HEARING TO CONSIDER ADOPTION OF CPA 07-18, QUILLEN DRI, DENSITY BLENDING The Board is being asked to consider a text amendment to the Comprehensive Growth Management Plan allowing the blending of residential densities within the 586 acre Quillen Development of Regional Impact. AGENDA ITEM: 80435cba CONTINUED FROM OCTOBER 14, 2008 ACTION TAKEN: The Board continued the agenda item to June 16, The Board directed the applicant to within ninety (90) days of the approval of the continuance to provide the County a resubmittal fee in the amount of $14,440 and a re-submittal packet that addresses all of the unresolved issues identified in the staff report that was originally provided to the Board on September 30, The Board also directed the application to pay the Treasure Coast Regional Planning Council the $17, in fees owed within the ninety (90) day re-submittal period. Page 4 of 7

5 6. PUBLIC HEARINGS D. QUASI JUDICIAL: QUILLEN DRI (INDIANTOWN HOLDINGS, LLC) - REQUEST FOR APPROVAL OF A ZONING CHANGE TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT, REQUEST FOR PUD MASTER SITE PLAN APPROVAL AND REQUEST FOR APPROVAL OF THE DRI (DEVELOPMENT OF REGIONAL IMPACT) DEVELOPMENT ORDER The applicant is requesting approval for the Development of Regional Impact (DRI) Application for Development Approval (ADA), approval of a zoning change to the Planned Unit Development (PUD) District and approval of a Master Site Plan for a 2,250 residential unit (1,750 single family and 500 multiple family units with a density of 3.84 units/acre) and 150,000 square foot commercial use development with a plus/minus 331 acre Economic Development Opportunities (EDO) Overlay optional use. The request for approval for the Development of Regional Impact (DRI) Application for Development Approval (ADA) was originally advertised for a public hearing before the Board of County Commissioners (BCC) on January 23, 2007 pursuant to the notice requirements of Chapter 380, Florida Statutes. The original public hearing was subsequently continued by the BCC several times with the latest date of continuance being August 19, The BCC acted on August 19, 2008 to continue the request to the September 30, 2008 BCC meeting. AGENDA ITEM: d3 CONTINUED FROM OCTOBER 14, 2008 ACTION TAKEN: The Board continued the agenda item to June 16, The Board directed the applicant to within ninety (90) days of the approval of the continuance to provide the County a resubmittal fee in the amount of $14,440 and a re-submittal packet that addresses all of the unresolved issues identified in the staff report that was originally provided to the Board on September 30, The Board also directed the application to pay the Treasure Coast Regional Planning Council the $17, in fees owed within the ninety (90) day re-submittal period. E. RECEIVE STATUS REPORT OF THE PROPOSED IMPROVEMENTS ON SE COVE ROAD AT US-1 (SE FEDERAL HIGHWAY) AND REQUEST AUTHORIZATION TO GRANT UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY Staff has been working to implement improvements on SE Cove Road, just east of US-1 (SE Federal Highway). Such improvements require the relocation of Florida Power & Light Company's (FPL's) transmission and distribution lines. This relocation necessitates funding and the granting of easements. AGENDA ITEM: ACTION TAKEN: The Board approved the staff recommendation to accept the status report and authorized staff, on the Board s behalf, to execute agreements with FP&L for the relocation of the transmission and distribution facilities. The Board adopted the resolution authorizing the Chairman to sign the utility easement to FP&L. The Board directed staff to bring forth future agenda items for the execution of other property management transactions as applicable. The Board also directed staff to request bids for the construction of the proposed improvements. RESOLUTION NO REQUESTS AND PRESENTATIONS - None at this time. 8. DEPARTMENTAL A. Administration, David Graham, Director 1. MONTHLY OVERVIEW AND STATUS OF COUNTY REVENUES Staff will be providing the Board of County Commissioners (Board) with a monthly review of the County's major revenues. The primary objective will be to inform the Board of the revenues received to date, compare past collection history, predict collections for the current fiscal year, current budget comparison, and determine if any additional action is warranted. AGENDA ITEM: ACTION TAKEN: The Board received the report. Page 5 of 7

6 8. DEPARTMENTAL A. Administration, David Graham, Director 2. PERMISSION TO PROCEED WITH HIRING NINE FIRE RESCUE POSITIONS AS APPROVED IN THE FY09 ADOPTED BUDGET The FY09 adopted budget included nine additional positions for Fire Rescue. These positions would present an overall savings in overtime, and were planned to be hired if the consolidation with the City of Stuart did not happen. Whether the consolidation with the City moves forward or not, the savings from hiring these nine positions as floaters still remains. To reduce the overtime expenditures in FY09, staff is requesting to move forward with the hiring of the nine Firefighter/EMTs. AGENDA ITEM: f ~ Request to withdraw ACTION TAKEN: The Board withdrew this item from the agenda. 3. CAPITAL PROJECT UPDAT E This item provides an update on capital projects. AGENDA ITEM: 80404b1a ACTION TAKEN: The Board accepted the report. B. Community Development, Jeff Oris, Director 1. COMMUNITY REDEVELOPMENT AGENCY UPDATE Staff will update the Board of the Community Redevelopment Agency on four utilities projects and other projects and programs undertaken recently in the County's seven redevelopment areas. AGENDA ITEM: 8042c23e 1:30 PM PRESET ACTION TAKEN: The Board accepted the report. C. General Services, Harold Markey, Director 1. COUNTY WIDE GREEN EFFORTS UPDATE This agenda item provides an overview of Martin County's Green program. AGENDA ITEM: 80401eb4 ACTION TAKEN: The Board approved to reschedule this agenda item to the next meeting. 2. TRANE CORPORATION PERFORMANCE CONTRACT A performance contract with Trane Corporation in order to take advantage of guaranteed energy savings to offset capital replacement expenditures. AGENDA ITEM: cc ACTION TAKEN: The Board authorized the Chair to sign all documents and to enter into a performance contract with Trane Corporation in order to take advantage of energy savings to offset capital replacement cost. D. Growth Management, Nicki van Vonno, Director 1. ENVIRONMENTAL DIVISION PAMP COMPLIANCE UPDATE During the 2007, FY08 BCC Workshops, the Strategic Objective for Site Compliance was emphasized. Staff was requested to review current site compliance levels and implement necessary enhancements, especially PAMP enforcement. Staff will update the BCC on the current level of compliance. AGENDA ITEM: f ACTION T AKEN: The Board accepted the report and approved to continue emphasis on securing PAMP compliance of the TOP 40 PAMPs and all Martin County-owned PAMPs, recognizing the current staffing constraints. Page 6 of 7

7 8. DEPARTMENTAL D. Growth Management, Nicki van Vonno, Director 2. UPDATE TO THE POPULATION TECHNICAL BULLETIN An updated Population Technical Bulletin containing the population estimates and projections for Martin County intended to replace the previous technical bulletin approved by the Board of County Commissioners. AGENDA ITEM: 80435d06 ACTION TAKEN: The Board adopted the updated Population Technical Bulletin for COMMISSIONERS - None at this time. 10. PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 11. ADJOURN ~ 4:35 PM Page 7 of 7