December 3 – County Commission Meeting

December 3 – County Commission Meeting

The regular meeting of the St Johns County Board of Commissioners was held Tuesday December 3, 2013, in the County Auditorium in the St Johns County Administration Palace located at 500 San Sebastian View in St Augustine.

The following items of business came before the Board for action:

Proclamations:
The Board approved a proclamation for Senator John Thrasher Day to be Wednesday, December 4, 2013. The Proclamation, to be presented to Senator John Thrasher by Commissioner Rachael Bennett at Flagler College on the evening of December 4, recognizes the work, dedication, and commitment he has devoted to improving and promoting St. Johns County’s advancement and well-being.

Regular Agenda Item One – Public Hearing: Transmittal Hearing for COMPAMD 2013-05 Bartram Park DRI
The Board heard a Comprehensive Plan Amendment request related to the Bartram Park Development of Regional Impact (DRI) located in St. Johns County to amend a residential portion of the DRI from Residential A to Residential B, with a Text Amendment limiting the residential dwelling units to 616, for approximately 583 acres of land located along the north side of Racetrack Road. The Board unanimously passed a motion to transmit COMPAMD 2013-05 to State and regional agencies for review, subject to findings of fact 1-3 to support the motion. State and regional agencies have 30 days to comment, then the County may schedule adoption hearings.

Regular Agenda Item Two – Public Hearing: DEVAGRMOD 2013-01 Sunshine Holdings Modification
The Board heard a request at this second of two required public hearings to modify the Sunshine Holdings Development Agreement for the Palm Lakes PUD, Sunshine 13 PUD, Sunshine 16 PUD (collectively referred to as Murabella), the Samara Lakes PUD, and the Liberty Park PUD (recently changed to Gran Lake PUD) to mitigate for project impacts to Pacetti Road and the SR 16/IGP/Pacetti Road intersection. The request for modification seeks to add 17.57 acres of land under review to be incorporated within the Sunshine 16 PUD, approval of additional road impact fee credit, and to relieve the developments from the remainder of the Phase II intersection improvements based on an updated analysis of the SR 16/IGP/Pacetti Road intersection. The Board unanimously passed a motion to approve the Sunshine Holdings Development Agreement Modification DEVAGRMOD 2013-01 finding that the request is consistent with Article XI of the Land Development Code and Section 13 of the Road Facilities Impact Fee Ordinance No. 87-57, as amended.

Regular Agenda Item Three – Public Hearing: MAJMOD 2013-07 St. Johns Interchange Parcels PUD
The Board heard a request for a major modification to the St. Johns Interchange Parcels Planned Unit Development (PUD) Text to add Assisted Living Facility (ALF) to the Industrial category Master Development Plan Text that would allow an existing hotel (Comfort Inn and Suites) with similar or reduced impacts to facilities to be retrofitted and converted to an ALF. It meets the St. Johns County Land Development Code requirements, is consistent with the Future Land Use Designation of Development of Regional Impact, and is compatible with the existing and future pattern of growth of adjacent and surrounding properties in the Southeast Interchange Parcel. The Board passed a motion by a 4-1 vote to enact Ordinance 2013-35, known as MAJMOD 2013-07, adopting findings of fact 1-6 including an additional finding of fact (7) that the adaptive reuse makes this particularly suited to the request for approval to support the motion.

Regular Agenda Item Four – Public Hearing: ADMA 2013-01 Appeal
This agenda item was pulled and moved to a future date to be determined.

Regular Agenda Item Five – Sawgrass Resort Maintenance Agreement
The Board considered a resolution approving and authorizing the execution of the Maintenance Agreement for Sawgrass Resort Waterways and Channels. Sawgrass Resort operates a golf course with associated Waterways and Channels that outfall to the Guana River Basin. The County maintains the Basin. The resolution allows for both parties to work cooperatively together. The Board unanimously passed a motion to adopt Resolution 2013-
266 approving and authorizing the Execution of the Maintenance Agreement for Sawgrass Resort Waterways and Channels.

Regular Agenda Item Six – C.R. 210/I-95 Interchange Improvement Project Funding
The Board considered a transfer of $3.1 million from the Transportation Trust Fund Contingency Reserve to finalize the funding for the CR210/I-95 Interchange Improvements Project. The project, as originally budgeted, was planned to be funded via three sources of funds: a 2006 Transportation Bond, FDOT TRIP monies, and County impact fees. With the available FDOT TRIP funding reduced and higher bids reflecting current economic trends, this transfer is needed to fund the shortfall. The Board unanimously passed a motion to approve the transfer of $3.1 million from the Transportation Trust Fund County Commission Contingency Reserve to the Transportation Trust Fund Capital Improvements Department.

Regular Agenda Item Seven – Contract Bid No 13-25R C.R. 210 at I-95 – Phase 2 Improvements Re-Bid
The Board considered a resolution to authorize County Administration to award a contract for the addition of one through-lane of travel in each direction on County Road 210, replacement of the Sampson Creek box culvert with a bridge, and installing a steel sheet-pile wall into an existing pond. Additional improvements consist of, but are not limited to, curb and gutter work, traffic signal mastarms, overhead sign structures, and pond expansion. The Board unanimously passed a motion to adopt Resolution 2013-267, authorizing the County Administrator, or his designee, to award a contract for Bid No. 13-25R County Road 210 at Interstate 95 – Phase 2 Improvements Re-Bid to Petticoat-Schmitt Civil Contractors, Inc., as the lowest responsive, responsible bidder for a lump-sum bid and to allow County Staff to investigate and negotiate value engineering opportunities with the successful bidder that best serves the interests of St. Johns County.

Regular Agenda Item Eight – Public Hearing: Flavored Tobacco Ordinance
The Board heard for second reading a Flavored Tobacco Ordinance that will prohibit any person, business, tobacco retailer, or other vendor from placing any flavored tobacco products in an open display unit or selling flavored tobacco products by any means other than a vendor-assisted sale in which the customer has no access to the flavored tobacco product without the assistance of the vendor. This restriction shall not apply to any establishment that prohibits persons less than 18 years of age on the premises. The ordinance provides for any enforcement action or legal remedy available under Florida law, including, but not limited to, a fine not exceeding $500 or by imprisonment for a term not exceeding (60) days for a violation of the ordinance. The Board unanimously passed a motion to enact Ordinance No. 2013-36 restricting the display and sale of flavored tobacco products.

Regular Agenda Item Nine – Public Hearing: Hazardous Material Cost Recovery Ordinance
The Board heard for second reading a Hazardous Material Cost Recovery Ordinance. In the interest of the public health, safety, and welfare of the people of St. Johns County, the ordinance will promote clean air, water, and soil; protect wildlife and plants within the County; and reduce risk to human health, safety, and welfare. It is in the common interest of the people of the County, and is consistent with Florida law, for the County to require parties who are responsible for the release of hazardous materials into the environment to compensate the County for costs expended in connection with the County’s clean-up and abatement of the effects of the released materials. This ordinance will provide for recovery by the County of costs incurred in emergency response, incident assessment, control, containment, and abatement efforts directly related to the release of hazardous materials into the environment. The Board unanimously passed a motion to enact Ordinance No. 2013-37 creating the St. Johns County Hazardous Material Cost Recovery Ordinance.

Regular Agenda Item Ten – Public Hearing: Repealer Ordinance
The Board heard for second reading a Repealer Ordinance in support of the Board’s goals and objectives to identify ordinances that have been superseded by statute or that are outdated, redundant, or no longer in the public interest. This ordinance is the first step in this process. It identifies and removes ordinances that have either been repealed from the County Code or that have been superseded by state law. The ordinance also directs the Clerk of Court to maintain a compilation of the repealed ordinances separate from the County Code. The Board unanimously passed a motion to enact Ordinance 2013-38 for the St. Johns County Board of County Commissioners making findings of fact repealing St. Johns County Ordinances read to be repealed as set forth in the agenda cover sheet; directing the Clerk of Court to remove the repealed Ordinances from the County Code; and providing for the maintenance of a compilation of the County’s repealed Ordinances, providing for severability, providing for venue, and providing an effective date.

Commissioners’ Report

• Commissioner Cyndi Stevenson requested an amendment to the prior motion approving the Proclamation for Senator John Thrasher Day to include the senator’s leadership as a former Speaker of the House, his advocacy for the St. Johns River, and for convening the St. Johns River Caucus. The Board approved a motion for reconsidering the approval of the Proclamation and a motion for Administration to have literary license to modify the Senator John Thrasher Day Proclamation to include the points presented.

• Commissioner Ron Sanchez reported that a prospective business that scored just short of the normal criteria for incentive consideration is seeking to set up its business in an existing building within St. Johns County. He asked that the application be brought forward for consideration at the December 17 Board of County Commissioners Regular Meeting. This business could potentially yield 100 jobs averaging a $40,000 compensation level. The Board unanimously agreed to add it to the December 17 meeting agenda for consideration. Commissioner Sanchez also requested the Board consider the County’s relationship with the film industry. The Board reached a consensus to add this item to a future Board of County Commissioners Regular Meeting.

• Commissioner William “Bill” McClure requested more information from staff on the Feral Cat Ordinance and Enterprise Zones.

County Administrator’s Report

• The County Administrator asked the Board to consider allowing the County offices to close on December 26. The Board of County Commissioners declared Thursday, December 26, 2013, as an additional holiday for this calendar year. In keeping with the Board’s action, County offices will be closed for three days: Tuesday, December 24, through Thursday, December 26, 2013.