July 8, 2014 BCC Final Agenda Page 1 of 6 BOARD OF COUNTY COMMISSIONERS AGENDA FINAL AGENDA 7/8/2014 9:00:00 AM REGULAR MEETING MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Sarah Heard, Chair Ed Fielding, Vice Chair Doug Smith Anne Scott John Haddox Taryn Kryzda, County Administrator Michael D. Durham, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller PRESETS 3A Public 9:05 AM 10 Public 5:05 PM 1. CALL TO ORDER A. INVOCATION - Moment of Silence B. PLEDGE OF ALLEGIANCE C. ADDITIONAL ITEMS D. APPROVAL OF AGENDA E. APPROVAL OF CONSENT AGENDA 2. PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS A. PRESENT PROCLAMATIONS PREVIOUSLY APPROVED VIA THE CONSENT AGENDA The Chair will present proclamations. AGENDA ITEM: 805d60ba 1 of 1157 July 8, 2014 BCC Final Agenda Page 2 of 6 3. COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. 9:05 AM PRESET B. COMMISSIONERS C. COUNTY ADMINISTRATOR 4. CONSENT A. CLERK OF THE CIRCUIT COURT 1. Investment Report for May 2014. 2. Minutes of the Regular June 3, 2014 BCC Meeting. 3. Minutes of the Joint BCC/School Board/City Commission June 10, 2014 Meeting. 4. Minutes of the Regular June 10, 2014 BCC Meeting. 5. Minutes of the Regular June 17, 2014 BCC Meeting. 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. AGENDA ITEM: 805c1e8c SUPPLEMENTAL MEMORANDUM (no items) 2. AIRPORT NOISE ADVISORY COMMITTEE APPOINTMENT After solicitation of applicants for a resident of the Noise Program Area (Phase 1-7) as defined by the 2012 Noise Compatibility Program Update, the Board is asked to appoint Douglas Davis. AGENDA ITEM: 804665bd 3. ADOPT A PROCLAMATION DELARING JULY AS PARKS AND RECREATION MONTH IN MARTIN COUNTY, FLORIDA Each year the Board designates July as Parks and Recreation Month. AGENDA ITEM: 8060bdcb 4. ADOPT A PROCLAMATION DECLARING BLADDER CANCER AWARENESS MONTH IN MARTIN CONTY, FLORIDA Each year the Board brings awareness to this disease through a proclamation. AGENDA ITEM: 8060c62b 5. ADOPT A PROCLAMATION DECLARING MARINE DEBRIS CLEANUP MONTH IN MARTIN COUNTY, FLORIDA Each year the Board recognizes the efforts of the Marine Cleanup Initiative, Inc. for their work on the Countys waterways. AGENDA ITEM: 80610f64 2 of 1157 July 8, 2014 BCC Final Agenda Page 3 of 6 6. AUTHORIZE THE CHAIR TO SIGN A LETTER OF SUPPORT FOR 2-1-1 OF PALM BEACH/TREASURE COAST FOR THEIR HELP ME GROW GRANT APPLICATION The Martin County Board of Commissioners funds, in part, the operation of the 2-1-1 of Palm Beach/Treasure Coast crisis call service. 2-1-1 of Palm Beach/Treasure Coast is applying for a State of Florida Help Me Grow Florida grant to enhance child services in the region. AGENDA ITEM: 80610379 C. County Attorney 1. REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF ANTHONY J. PERRI; CURRENT OWNER BANK OF AMERICA, N.A. Pursuant to the provisions of Section 1.98, 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 Anthony J. Perri. The Current Owner of the property is Bank of America, N.A. AGENDA ITEM: 80610c74 2. REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF FEDERAL NATIONAL MORTGAGE ASSOCIATION; CURRENT OWNER STEVEN ALLISON Pursuant to the provisions of Section 1.98, 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 Federal National Mortgage Association. The Current Owner of the property is Steven Allison. AGENDA ITEM: 80610db0 3. REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF FELICIA A. GARRITY Pursuant to the provisions of Section 1.98, 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 Felicia A. Garrity. AGENDA ITEM: 80610dac 4. AMENDMENT TO AGREEMENT AND RELEASE BETWEEN MARTIN COUNTY AND PB AND JB MANAGEMENT COMPANY, LLC, REGARDING RIO VILLAGE MOBILE HOME PARK PROPERTY An amendment to the Agreement and Release between the County and the Rio Village Mobile Home Park property owner has been requested in order to extend the deadline by which the owner must partially reimburse the Countys costs. AGENDA ITEM: 80610dab D. Utilities and Solid Waste 1. BOARD ACTION IS REQUESTED TO ADOPT A RESOLUTION AMENDING THE RATES FOR THE SOLID WASTE FACILITY Board action is requested to adopt a resolution amending the rates for the Solid Waste Facility. AGENDA ITEM: 806082cb 5. BOARD AND COMMITTEE APPOINTMENTS - None at this time. 3 of 1157 July 8, 2014 BCC Final Agenda Page 4 of 6 6. PUBLIC HEARINGS A. PROPOSED MARTIN COUNTY TRICO SETTLEMENT EVELYN WERNER VS. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 13-1140 CA In accordance with the procedure established by the Board, Commissioners and the public must be given an opportunity to comment on the proposed settlement in the case of Evelyn Werner vs. Martin County, Case No. 13-1140 CA. The case arose from an accident on the pier at Indian Riverside Park on February 24, 2012. AGENDA ITEM: 8060d115 B. LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 14-1 SMR REAL ESTATE, A FUTURE LAND USE MAP AMENDMENT A request for the Board of County Commissioners to consider adoption of Comprehensive Plan Amendment 14-1 SMR Real Estate, a Future Land Use Map amendment. AGENDA ITEM: 80601833 SUPPLEMENTAL MEMORANDUM C. LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 14-2, KANNER 5601, A FUTURE LAND USE MAP AMENDMENT A request for the Board of County Commissioners to consider adoption of Comprehensive Plan Amendment 14-2, Kanner 5601, a Future Land Use Map amendment. AGENDA ITEM: 80601d35 D. PUBLIC HEARING TO CONSIDER A ZONING DISTRICT CHANGE CONCURRENT WITH COMPREHENSIVE PLAN AMENDMENT 14-2, KANNER 5601 The applicant requests the Board of County Commissioners adopt a resolution to change the zoning district concurrent with CPA 14-2, Kanner 5601, a Future Land Use Map amendment. AGENDA ITEM: 80610eaf QUASI JUDICIAL E. LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 14-5, TRANSPORTATION MAPS, A TEXT AMENDMENT A request for the Board of County Commissioners to consider transmittal of Comprehensive Plan Amendment 14-5, Transportation Maps, a text amendment. AGENDA ITEM: 80602950 F. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 14-7, SETTLEMENT OF PLAN AMENDMENT CHALLENGE, A TEXT AMENDMENT Todays public hearing is to consider adoption of comprehensive plan amendment CPA 14-7, Settlement of Plan Amendment Challenge, a text amendment. AGENDA ITEM: 806070f0 4 of 1157 July 8, 2014 BCC Final Agenda Page 5 of 6 G. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS On December 17, 2013 staff brought forward research that the Board of County Commissioners requested regarding a possible payment plan for impact fees. The Board did not move forward with such an installment program because there were no successful examples of payment plans from around the state of Florida. During that discussion, staff presented a concept of establishing a change of use program. The Board directed staff to bring back an amendment to Article 6 of the Land Development Regulations (LDRs). AGENDA ITEM: 805f29b1 CONTINUED FROM JUNE 17, 2014 7. REQUESTS AND PRESENTATIONS - None at this time. 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: 805c1453 SUPPLEMENTAL MEMORANDUM (11 items) B. Engineering 1. ADOPT A RESOLUTION ACCEPTING FOURTEEN INGRESS, EGRESS AND MAINTENANCE AGREEMENTS ON MARKEL STREET IN PALM CITY Adopt a resolution accepting 14 Ingress, Egress and Maintenance Agreements on the private section of SW Markel Street allowing for access to Hawks Hammock Park in Palm City. AGENDA ITEM: 805b7dfe 2. ACCEPTANCE OF A UTILITY EASEMENT FROM JENSEN BEACH LLC FOR UTILITY RELATED EQUIPMENT ON BOTH SIDES OF NE OCEAN BOULEVARD This is a request for the adoption of a resolution accepting a Utility Easement from Jensen Beach LLC for the installation of utility facilities and the provision of service on NE Ocean Boulevard. AGENDA ITEM: 80601834 3. CURTIN CASTLE PROPERTY ROAD FRONTAGE VARIANCE REQUEST TO ALLOW BUILDING PERMITS ON A LOT IN SOUTHERN MARTIN COUNTY THAT HAS ACCESS BY EASEMENT ONLY Terence P. McCarthy, representing Daryl Stewart, is requesting the Board of County Commissioners approve a resolution granting a Road Frontage Variance to allow building permits on a five acre lot located off of SE Castle Road in southern Martin County. AGENDA ITEM: 806066b2 QUASI JUDICIAL 5 of 1157 July 8, 2014 BCC Final Agenda Page 6 of 6 C. Community Development 1. DISCUSSION OF PARAMETERS TO BE APPLIED TO THE PROPOSED TANGIBLE PERSONAL PROPERTY ATTRACTION PROGRAM This item brings forward a discussion of the p