BOARD OF COUNTY COMMISSIONERS AGENDA ACTION SUMMARY 10/4/2016 9:00:00 AM REGULAR MEETING MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Anne Scott, Chair John Haddox, Vice Chairman Doug Smith Ed Fielding Sarah Heard Taryn Kryzda, County Administrator Michael D. Durham, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller PRESETS 3A Public 9:05 AM 7A River Conditions Update 9:15 AM 8C1 Request for Private Attorney-Client Session Concerning the Case of Lake Point 10:30 AM Phase I, LLC and Lake Point Phase II, LLC v. South Florida Water Management District, Martin County and Maggy Hurchalla, Case No. 2013-CA-1321 8C2 Request for Private Attorney-Client Session Concerning the Case of Martin 11:30 AM County, Thomas L. Hewitt, v. Michael Ferdinandi, and Walter J. Postula v. U.S. Department of Transportation, Anthony Fox, Peter M. Rogoff, and AAF Holdings, Case No. 1:15-CV-00632 (CRC) 11 Public 5:05 PM 1. CALL TO ORDER A. INVOCATION Pastor Darrell Orman, First Baptist Church of Stuart B. PLEDGE OF ALLEGIANCE C. ADDITIONAL ITEMS The Board approved adding items 4B3, 8C1, and 8C2 to the Agenda. D. APPROVAL OF AGENDA The Agenda was approved. E. APPROVAL OF CONSENT AGENDA The Consent Agenda was approved minus 4C1. 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. 10/4/16 BCC Action Summary Page 1 of 6
2. PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS A. PRESENT PROCLAMATIONS PREVIOUSLY APPROVED VIA THE CONSENT AGENDA The Chair will present the proclamations to the recipients. AGENDA ITEM: 807de132 ACTION TAKEN: The Board presented the following proclamations: 1) Commending the Community Health Improvement Plan Partnership Initiative for Martin County, Florida; 2) Declaring Domestic Violence Awareness Prevention Month in Martin County, Florida; 3) Commending the David Anderson Middle School RoboStallions upon the occasion of their award-winning achievement the Chipsulation robotic device; 4) Declaring Fire Prevention Week in Martin County, Florida; and 5) Declaring October 2016 as the commencement of the United Way Campaign in Martin County, Florida. 3. COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. 9:05 AM PRESET B. COMMISSIONERS Stated that they would like to discuss the Martin County Taxpayers letter to the editor and Sunday feature, as well as Langford Landing and Sharon Street issues at the next Board meeting. C. COUNTY ADMINISTRATOR None. 4. CONSENT A. CLERK OF THE CIRCUIT COURT 1. September 13, 2016 Regular BCC Meeting Minutes. 2. September 13, 2016 Tentative Budget BCC Meeting Minutes. 3. September 20, 2016 Regular BCC Meeting Minutes. 4. September 20, 2016 Final Budget BCC Meeting Minutes. 5. August 2016 Investment Report. B. Department of Administration 1. ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) PROCUREMENTS 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. If there are no items, a Supplemental Memorandum will not be attached. AGENDA ITEM: 807e6694 2. ADOPT A PROCLAMATION DECLARING DISABILITY EMPLOYMENT AWARENESS MONTH IN MARTIN COUNTY, FLORIDA Each year the Board helps HPS bring awareness to their Disability Employment Awareness efforts. AGENDA ITEM: 807eeb8a 10/4/16 BCC Action Summary Page 2 of 6
3. APPROVE A PROCLAMATION DECLARING NATIVE PLANT MONTH IN MARTIN COUNTY, FLORIDA Each year the Board recognizes the work of the Florida Native Plant Society. AGENDA ITEM: 807f9d3a ADDITIONAL ITEM C. Building 1. REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF REBECCA S AND DAVID W BRUNER Pursuant to the provisions of Section 1.98.B, General Ordinances, Martin County Code, the Board of County Commissioners is asked to consider approval of a Fine Reduction Stipulation and Agreed Recommended Order regarding the Code Enforcement case of Rebecca S and David W Bruner. AGENDA ITEM: 807e5bc6 ACTION TAKEN: The Board accepted the Magistrate s recommendation that the fine be reduced to $750.00 and accepted as full payment. 5. BOARD AND COMMITTEE APPOINTMENTS - None at this time. 6. PUBLIC HEARINGS A. ELEANOR WEATHERS REZONING Estimated staff presentation: 10 minutes. This is a request for the Board of County Commissioners to consider adoption of a resolution for a zoning district change from A-2, Agricultural to RE-1/2A, Residential Estate District for an approximate 6.2 acre parcel located on the south side of Kanner Highway, 2.6 miles west of Warfield Boulevard. This is a mandatory rezoning request. AGENDA ITEM: 807e2fb3 QUASI JUDICIAL ACTION TAKEN: The Board received and filed the Agenda item Summary and all of its attachments including the Staff Report for the record as Exhibit A, and amended the Martin County Zoning Atlas to change the zoning district on the subject property from A-2 to RE-1/2A. B. JUST BELIEVE RECOVERY CENTER, LLC REZONING Estimated staff presentation: 10 minutes. This is a request for the Board of County Commissioners to consider adoption of a resolution to change the zoning district from R-3A, Liberal Multi-family District, to LC, Limited Commercial District for an approximate 1.45 acre parcel located at 4030 Indian River Drive. This is a mandatory rezoning request. The applicant has requested that this item be continued to December 6, 2016. AGENDA ITEM: 807e30ba QUASI JUDICIAL ACTION TAKEN: The Board continued this item to December 6, 2016. 7. REQUESTS AND PRESENTATIONS A. RIVER CONDITIONS UPDATE Estimated staff presentation: 15 minutes. This will be a status report of where the County is on water conditions and river issues. AGENDA ITEM: 807dca56 9:15 AM PRESET ACTION TAKEN: The Board heard the status update and directed staff to send a letter of thanks to House members regarding the House passage of the Water Resources Development Act (WRDA). 10/4/16 BCC Action Summary Page 3 of 6
8. DEPARTMENTAL A. Department of Administration 1. OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL This is a placeholder on all Board meeting agendas in an effort to streamline the process for grant applications, awards, budget resolutions, budget transfers from reserves, and CIP amendments. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM: 807e6695 SUPPLEMENTAL MEMO (11 items) ACTION TAKEN: 1. PERMISSION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION GRANT 439890-1-94-01 FOR AIRPORT AVIATION WAY REHABILITATION - The Board authorized the Chairman and/or designee to execute the FDOT JPA agreement as well as any non-monetary grant related documents upon review and concurrence of the County Attorney s Office, and adopted the budget resolution. RESOLUTION NO. 16-10.1 2. PERMISSION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION GRANT 431035-94-01 FOR AIRPORT MODIFICATION OF TAXIWAY A TO COMPLY WITH NEW FAA SAFETY REGULATIONS The Board authorized the Chairman and/or designee to execute the FDOT JPA agreement as well as any non-monetary grant related documents upon review and concurrent of the County Attorney s Office, and adopted the budget resolution. RESOLUTION NO. 16-10.2 3. PERMISSION TO ACCEPT FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION GRANT 437980-1-94-01 FOR AIRPORT REHABILITATION OF RUNWAY 25 AND THE TAXIWAY A HOLDING BAY The Board authorized the Chairman and or designee to execute the FDOT JPA agreement as well as any non-monetary grant related documents upon review and concurrence of the County Attorney s Office, and adopted the budget resolution. RESOLUTION NO. 16-10.3 4. PERMISSION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION GRANT 437888-1-94-01 FOR AIRPORT RUNWAY 30/34 GRADING REHABILITATION - the Board authorized the Chairman and/or designee to execute the FDOT JPA agreement as well as any non-monetary grant related documents upon review and concurrence of the County Attorney s Office, and adopted the budget resolution. RESOLUTION NO. 16-10.4 5. PERMISSION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SMALL COUNTY OUTREACH PROGRAM (SCOP) GRANT AGREEMENT FOR THE SEABRANCH BOULEVARD RESURFACING PROJECT - the Board authorized the Chairman to execute the SCOP agreement as well as any non-monetary grant related documents upon review and concurrence of the County Attorney s Office, adopted the Board Resolution, and adopted the Budget Resolution. RESOLUTION NOS. 16-10.5 (BCC reso) and 16-10.6 (budget reso) 6. PERMISSION TO ACCEPT THE NATIONAL ENDOWMENT FOR THE ARTS OUR TOWN GRANT OLD PALM CITY RIPPLE PROJECT The Board authorized acceptance of the National Endowment for the Arts grant award upon review and concurrence of the County Attorney s Office, and adopted the Budget Resolution. RESOLUTION NO. 16-10.7 10/4/16 BCC Action Summary Page 4 of 6
7. PERMISSION TO ACCEPT THE FIRE RESCUE FIRE APPARATUS AND EQUIPMENT SERVICE AGREEMENT The Board authorized the Chair to execute the agreement as well as any non-monetary related documents upon review and concurrence of the County Attorney s Office. 8. PERMISSION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL GRANT AGREEMENT #1 FOR THE BAKER ROAD IMPROVEMENTS PROJECT The Board authorized the Chair to execute the LAP Supplemental Agreement #1 as well as any non-monetary grant related documents upon review and concurrence of the County Attorney s Office, adopted the Board Resolution, and adopted the Budget Resolution. RESOLUTION NOS. 16-10.8 (BCC reso) and 16-10.9 (budget reso) 9. UTILITIES AND SOLID WASTE CIP PROJECT 3145 (NORTH SURFICIAL AQUIFER WELL REPLACEMENT) - the Board authorized adding project #3145 (North Surficial Aquifer Well Replacement) to the Fiscal Year 2017 CIP, and authorized a budget transfer from reserves to activity code in the amount of $800,000. RESOLUTION NO. 16-10.10 10. BUDGET TRANSFER FROM AIRPORT RESERVES TO REPAIRS AND MAINTENANCE The Board approved a budget transfer to provide $20,000 for unanticipated additional repairs, maintenance, electrical, and safety work in various Airport sites. 11. RESCIND BUDGET RESOLUTIONS RESCIND BUDGET RESOLUTIONS 16-9.5 AND 16-9.6 APPROVED BY THE BOCC ON 9/13/16, IN WHICH THE TITLE DID NOT MATCH THE DESCRIPTION - The Board approved the corrected Budget Resolutions. RESOLUTION NOS. 16-10.11 and 16-10.12 B. Engineering 1. ACCEPTANCE OF A UTILITY EASEMENT FROM SAUL ENTERPRISES, INC. FOR UTILITY RELATED EQUIPMENT ALONG THE NORTHWESTERLY SIDE OF S KANNER HIGHWAY Estimated Staff Time: 10 minutes. This is a request for the adoption of a resolution accepting and approving a Utility Easement from Saul Enterprises, Inc. for the installation of utility facilities and the provision of service on S. Kanner Highway. AGENDA ITEM: 807ecc7c ACTION TAKEN: The Board adopted the Resolution accepting and approving the Utility Easement from Saul Enterprises, Inc. RESOLUTION NO. 16-10.13 10/4/16 BCC Action Summary Page 5 of 6
C. County Attorney 1. REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF LAKE POINT PHASE I, LLC AND LAKE POINT PHASE II, LLC V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, MARTIN COUNTY AND MAGGY HURCHALLA, CASE NO. 2013-CA-1321 Estimated staff presentation: 1 hour. The County Attorney desires to meet with the Board of County Commissioners and the County Administrator in a private attorney-client session, in accordance with Section 286.011(8), Florida Statutes, to obtain advice about settlement negotiations and/or strategy related to litigation expenditures in the case of Lake Point Phase I, LLC and Lake Point Phase II, LLC v. South Florida Water Management District, Martin County, and Maggy Hurchalla, Case No. 2013-CA-1321. AGENDA ITEM: 807f9a0f 10:30 AM PRESET ADDITIONAL ITEM ACTION TAKEN: The Board met with Taryn Kryzda, County Administrator; Michael D. Durham, County Attorney; Ruth A. Holmes, Senior Assistant County Attorney; and Edward de la Parte, Special Counsel; in a private attorney-client session for approximately one hour, or less, in accordance with Section 286.011(8), Florida Statutes, in order to provide advice about settlement negotiations and/or strategy related to litigation expenditures concerning the case of Lake Point Phase I, LLC and Lake Point Phase II, LLC v. South Florida Water Management District, Martin County, and Maggy Hurchalla, Case No. 2013-CA-1321. 2. REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF MARTIN COUNTY, THOMAS L. HEWITT, V. MICHAEL FERDINANDI, AND WALTER J. POSTULA V. U.S. DEPARTMENT OF TRANSPORTATION, ANTHONY FOX, PETER M. ROGOFF, AND AAF HOLDINGS, CASE NO. 1:15-CV-00632 (CRC) Estimated staff presentation: 1 hour. The County Attorney intends to meet with the Board of County Commissioners and the County Administrator in a private attorney-client session, in accordance with Section 286.011(8), Florida Statutes, to obtain advice about settlement negotiations and/or strategy related to litigation expenditures in the following cases: Martin County, Thomas L. Hewitt, V. Michael Ferdinandi, and Walter J. Postula v. US Dept. of Transportation, Anthony Foxx, Peter M. Rogoff and AAF Holdings, LLC, Case No. 1:15-cv-00632 (CRC). AGENDA ITEM: 807faa93 11:30 AM PRESET ADDITIONAL ITEM ACTION TAKEN: The Board met with Taryn Kryzda, County Administrator; Michael D. Durham, County Attorney; Ruth A. Holmes, Senior Assistant County Attorney; and Stephen M. Ryan, Special Counsel; for approximately one hour, or less, in accordance with Section 286.011(8), Florida Statutes, in order to provide advice about settlement negotiations and/or strategy related to litigation expenditures in the following case: Martin County, Thomas L. Hewitt, V. Michael Ferdinandi, and Walter J. Postula v. US Dept. of Transportation, Anthony Foxx, Peter M. Rogoff and AAF Holdings, LLC, Case No. 1:15-cv-00632 (CRC). 9. WORKSHOP - None at this time. 10. COMMISSIONERS - None at this time. 11. PUBLIC - TO BE HEARD AT 12:48 P.M. PLEASE LIMIT COMMENTS TO THREE MINUTES. 12. ADJOURN 10/4/16 BCC Action Summary Page 6 of 6