12/16/14 BCC Final Agenda Page 1 of 6 BOARD OF COUNTY COMMISSIONERS AGENDA FINAL AGENDA 12/16/2014 9:00:00 AM REGULAR MEETING MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Ed Fielding, Chairman Anne Scott, Vice Chair Doug Smith Sarah Heard 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 8A1 Office of Management and Budget Items Which Require Board Approval 10:00 AM 8E1 Request for Private Attorney-Client Session Concerning the Case of Martin County v. Stuart and Jane Greenberg, Case No. 4D14-4344, LT No. 14-AP-5 11:00 AM 8E2 Consideration of a Proposed Settlement of Martin County v. Stuart and Jane Greenberg, Case No. 4D14-4344, LT No. 14-AP-5 11:45 AM 6A Legislative Public Hearing to Consider Adoption of Comprehensive Plan Amendment 14-6, Sanitary Sewer Services 1:30 PM 7A Workshop to Update the Commission on the Southeast Florida Coral Reef Initiative, Our Florida Reefs, and the Coastal Ocean Task Force Processes and to Present Interim Findings from Research Conducted on Coral Reefs Outside St. Lucie Inlet 2:30 PM 6C Arthur and Anne Shulman (Lost River Addition) Request for Rezoning 4:00 PM 6D Lost River Addition (Shulman) Request for Major Final Site Plan Approval 4:05 PM 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 1 of 2094 12/16/14 BCC Final Agenda Page 2 of 6 E. APPROVAL OF CONSENT AGENDA 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, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS - None at this time. 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 None at this time. 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: 8062d345 SUPPLEMENTAL MEMO (no items) 2. AIRPORT NOISE ADVISORY COMMITTEE APPOINTMENT The Board is asked to confirm the Witham Aero Clubs appointment to the Airport Noise Advisory Committee. AGENDA ITEM: 80651df6 3. HOBE SOUND NEIGHBORHOOD ADVISORY COMMITTEE APPOINTMENT After soliciting applicants, the Board is asked to make an appointment to the Hobe Sound Neighborhood Advisory Committee. AGENDA ITEM: 8056d620 4. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE APPOINTMENT FOR COMMISSION DISTRICT 3 The Board is asked to confirm Robin Snyder, the Commission District 3 appointee, to the Comprehensive Economic Development Strategy Committee. AGENDA ITEM: 806652eb ADDITIONAL ITEM C. Engineering 1. REQUEST APPROVAL OF THE CALENDAR (CY) 2015 MASTER LIST OF SPECIAL EVENTS REQUIRING ROAD CLOSURE(S) Staff requests the Board of County Commissioners approve the master list of special events requiring road closure(s) for CY 2015. AGENDA ITEM: 80654d3b 2 of 2094 12/16/14 BCC Final Agenda Page 3 of 6 D. Growth Management 1. REQUEST TO BOTH TERMINATE THE DEVELOPMENT ORDER AND TO RELEASE THE UNITY OF TITLE FOR THE CHALETS OF SALERNO This is a request to terminate the development order adopted under Resolution DRC 05-12.1, and to release the Unity of Title recorded in Official Records Book 2221, Pages 2270-2284, Public Records of Martin County, Florida, for the development known as the Chalets of Salerno. AGENDA ITEM: 806465fd E. Martin County Airport 1. 5K USER AGREEMENT The Stuart Airshow, Inc. (User), a 501.3c not for profit organization, has requested to utilize the North East Sector of Witham Field (Exhibit A of Use Agreement) to conduct a 5 Kilometer (5K) Footrace. The 5K will be utilized as a fundraiser for three (3) not for profit organizations, Southeast Florida Honor Flight, the Collins Foundation, and the Stuart Airshow Inc. The User has requested to conduct this event on January 17, 2015. AGENDA ITEM: 8065aec3 5. BOARD AND COMMITTEE APPOINTMENTS - None at this time. 6. PUBLIC HEARINGS A. LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 14-6, SANITARY SEWER SERVICES This is a request for the Board of County Commissioners to consider adoption of Comprehensive Plan Amendment 14-6, Sanitary Sewer Services, a text amendment. AGENDA ITEM: 8065af1c 1:30 PM PRESET SUPPLEMENTAL MEMO B. WEBB INDIANTOWN, LLC REQUEST FOR REZONING Request for a zoning district change from the current M-1, Industrial District to the GI, General Industrial District, or the most appropriate zoning district. The subject property is approximately 3.51 acres located between SW Carrier Street and unopened SW York Street in Indiantown. AGENDA ITEM: 8065674a QUASI JUDICIAL C. ARTHUR AND ANNE SHULMAN (LOST RIVER ADDITION) REQUEST FOR REZONING This is a request for a Zoning District change from A-1 to RM-4 for an 11.5 acre parcel of vacant land located between SW Lost River Road and SW Kantner Road, east of Interstate 95 and north of SW Glen Crest Way. AGENDA ITEM: 80655bfb QUASI JUDICIAL & 4:00 PM PRESET D. LOST RIVER ADDITION (SHULMAN) REQUEST FOR MAJOR FINAL SITE PLAN APPROVAL This is an application for a residential, major final site plan for the Lost River Addition project. The applicant is proposing 38 single-family, zero lot line residential units with associated infrastructure on approximately 11.5 acres of vacant land located between SW Lost River Road and SW Kantner Road, east of Interstate 95 and north of SW Glen Crest Way. AGENDA ITEM: 80655c01 QUASI JUDICIAL & 4:05 PM PRESET SUPPLEMENTAL MEMO 3 of 2094 12/16/14 BCC Final Agenda Page 4 of 6 E. PUBLIC HEARING TO ADOPT NOTICE OF INTENT RESOLUTION REQUIRED BY SECTION 197.3632, FLORIDA STATUTES FOR SPECIAL ASSESSMENTS Public hearing to adopt a non-binding resolution declaring the Boards intent to use the uniform method of collection for certain proposed non-ad valorem assessments that may be imposed within certain municipal service benefit units to be established for road paving and ancillary drainage, dredging services, storm water services and facilities, and water and/or wastewater. AGENDA ITEM: 8064d45b 7. REQUESTS AND PRESENTATIONS A. WORKSHOP TO UPDATE THE COMMISSION ON THE SOUTHEAST FLORIDA CORAL REEF INITIATIVE, OUR FLORIDA REEFS, AND THE COASTAL OCEAN TASK FORCE PROCESSES AND TO PRESENT INTERIM FINDINGS FROM RESEARCH CONDUCTED ON CORAL REEFS OUTSIDE ST. LUCIE INLET An update will inform the Commission on efforts to develop management actions to protect and restore the northern Florida Reef Tract, including reefs off Martin Countys coastline. County staff participates on the Southeast Florida Coral Reef Initiative (SEFCRI) and Our Florida Reefs (OFR). Commissioner Haddox represents the County on the Coastal Ocean Task Force (COTF). The COTF and OFR are charged with identifying and adopting management actions to safeguard the reef track. The presentations will explain the specific role each of these entities fulfill and the process that each is operating under. Additionally, integrative research on coral reefs that lie just outside St. Lucie Inlet will be presented. AGENDA ITEM: 80654356 2:30 PM PRESET 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: 8062d308 10:00 AM PRESET SUPPLEMENTAL MEMO (9 items) B. Engineering 1. APPROVAL OF A LEASE AGREEMENT WITH STUART JET CENTER, LLC FOR THE OLD SHERIFFS HANGAR Request for approval of a lease agreement with Stuart Jet Center, LLC for the old Sheriffs hangar at Witham Field via SE Thunderbolt Drive. AGENDA ITEM: 8065af5d 2. REQUESTING A RIGHT-OF-WAY WIDTH VARIANCE AND THE OPENING OF 185 FEET OF SE CYPRESS AVENUE IN POINCIANA GARDENS The Board of County Commissioners is asked to approve a right-of-way width variance and open 185 linear feet of SE Cypress Avenue in Poinciana Gardens and accept it into the Countys road inventory as a publicly owned and publicly maintained roadway. AGENDA ITEM: 8065c626 QUASI JUDICIAL 4 of 2094 12/16/14 BCC Final Agenda Page 5 of 6 3. APPROVAL OF FUNDING AGREEMENT BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MARTIN COUNTY AND ADOPTION OF A RESOLUTION ACCEPTING A DEED TO A PORTION OF HARMONY RANCH FOR CONSERVATION AND DRAINAGE This is a proposal for Martin County to partner with South Florida Water Management District (the District) to purchase a portion of Harmony Ranch in Hobe Sound. Staff is requesting the approval of a funding agreement between the District and Martin County and adoption of a resolution accepting the deed at the time of closing. AGENDA ITEM: 806664b1 ADDITIONAL ITEM 4. APPROVAL OF DRAINAGE EASEMENT TO FLORIDA POWER AND LIGHT WITHIN THE C-44 PROJECT South Florida Water Management District (District) has requested that the County approve the conveyance of a Drainage Easement to Florida Power & Light to accommodate the C-44 Project. AGENDA ITEM: 80666d77 ADDITIONAL ITEM C. Fire Rescue 1. AEROMEDICAL TRANSPORT AGREEMENT AND FEE RESOLUTION The Fire Rescue Department, based upon previous board direction, has negotiated a draft agreement for the provision of aeromedical services by PHI Air Medical to Martin County. The department is seeking approval from the County Commissioners for the contract with PHI Air Medical L.L.C and approval of the resolution to set aeromedical transport rates. The contract was negotiated by the team of Roger Baltz, Assistant County Administrator; Joseph Ferrara, Fire Rescue Chief; and Sarah Woods, Senior Assistant County Attorney. AGENDA ITEM: 8065af1d D. Growth Management 1. LANGFORD LANDING REQUEST FOR MAJOR FINAL SITE PLAN APPROVAL This is an application for major final site plan approval for a 60-lot single family project on approximately 53.33 acres located south of Palmer Street and east of Sago Drive in Rio. With the exception of six existing residential units on the property, the site is currently vacant and undeveloped. Included in the application is a request for a Certificate of Public Facilities Reservation. AGENDA ITEM: 8065a99a QUASI JUDICIAL E. County Attorney 1. REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF MARTIN COUNTY V. STUART AND JANE GREENBERG, CASE NO. 4D14-4344, LT NO. 14-AP-5 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 case of Martin County v. Stuart and Jane Greenberg, Case No. 4D14-4344, LT No. 14-AP-5. AGENDA ITEM: 80665d79 11:00 AM PRESET ADDITIONAL ITEM 5 of 2094 12/16/14 BCC Final Agenda Page 6 of 6 2. CONSIDERATION OF A PROPOSED SETTLEMENT OF MARTIN COUNTY V. STUART AND JANE GREENBERG, CASE NO. 4D14-4344, LT NO. 14-AP-5 The Board of County Commissioners is asked to consider a proposed settlement of the case of Martin County v. Stuart and Jane Greenberg, Case No. 4D14-4344, LT No. 14-AP-5. AGENDA ITEM: 80666340 11:45 AM PRESET ADDITIONAL ITEM 9. COMMISSIONERS - None at this time. 10.PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 11.ADJOURN 6 of 2094 8062d345 4B1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) PROCUREMENTS WHICH MEET THE THRESHOLD FOR BOARD APPROVAL AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Various Department of Administration Nicole Carey Name: Purchasing Manager Procedures: None EXECUTIVE SUMMARY: 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. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 7 of 2094 8062d345 This item serves as a placeholder for items that meet the threshold for Board approval for: (a) construction contracts valued at $1,000,000 or greater, (b) Consultant Competitive Negotiations Act (CCNA) contracts valued at $200,000 or greater, and (c) contract change orders or amendments that meet the thresholds above and cumulatively increase the original contract value by 10 percent or more. In accordance with the Martin County Purchasing Manual, Section 17.5.1 and Section 19.3.B, approved by the Board on December 4, 2012, contracts and change orders that are to be awarded by the Board will be presented to the Board on the Consent Agenda on their regularly scheduled meetings. ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION Provided by Supplemental Memorandum. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. FISCAL IMPACT: RECOMMENDATION Provided by Supplemental Memorandum. No items will be brought forward unless there is funding available within the CIP, department budget, or reserves. ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 8 of 2094 BCC MEETING DATE: December 16, 2014 AGENDA ITEM: 4B1 Page 1 of 1 adm2015M67 SUPPLEMENTAL.docx MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM TO: Honorable Members of the Board of County Commissioners DATE: December 8, 2014 VIA: Taryn Kryzda County Administrator FROM: Nicole Carey Purchasing Manager SUBJECT: Items Related to Construction and Consultant Competitive Negotiation Act (CCNA) Items Which Meet the Threshold for Board Approval There are no items that meet the threshold for Board approval at this time. 9 of 2094 80651df6 4B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: AIRPORT NOISE ADVISORY COMMITTEE APPOINTMENT AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: The Board is asked to confirm the Witham Aero Clubs appointment to the Airport Noise Advisory Committee. APPROVAL: MCA CA BACKGROUND/RELATED STRATEGIC GOAL: Ronald M. Roward is replacing Keith Kilgallen as the Witham Aero Clubs representative on the Airport Noise Advisory Committee. The Board is asked to confirm his appointment. 10 of 2094 80651df6 ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION Move that the Board appoint Ronald M. Rowars as the Witham Aero Clubs representative on the Airport Noise Advisory Committee for a term to begin immediately. Move that the Board authorize the Chairman to sign the Resolution of Appointment. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Move to appoint an individual to the Airport Noise Advisory Committee and determine the term. Move to authorize the Chairman to sign the Resolution of Appointment. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB X MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 11 of 2094 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER 14-12.x A RESOLUTION PERTAINING TO THE APPOINTMENT OF A MEMBER TO THE AIRPORT NOISE ADVISORY COMMITTEE WHEREAS, the Airport Noise Advisory Committee was established pursuant to Resolution Number 03-8.22; and WHEREAS, the Resolution Number 03-8.22, 05-2.20, 08-2.34, 11-4.24, and 11-7.2 establishes the number of members and the required qualifications of such members (respectively); and WHEREAS, the following individual meets the described qualifications and is aware of the purpose, duties, and responsibilities of service on the Airport Noise Advisory Committee. NOW THEREFORE BE IT RESOLVED THAT, the Board of County Commissioners hereby appoints the following to serve on the Airport Noise Advisory Committee effective immediately. Ronald M. Rowars Witham Aero Club Duly adopted this 16 th day of December 2014. BOARD OF COUNTY COMMISSIONERS ATTEST: MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE ED FIELDING, CHAIRMAN CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MICHAEL DURHAM, COUNTY ATTORNEY 12 of 2094 13 of 2094 14 of 2094 15 of 2094 8056d620 4B3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: HOBE SOUND NEIGHBORHOOD ADVISORY COMMITTEE APPOINTMENT AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Business Development Board Department of Administration Donna Gordon Name: Executive Aide Procedures: None EXECUTIVE SUMMARY: After soliciting applicants, the Board is asked to make an appointment to the Hobe Sound Neighborhood Advisory Committee. APPROVAL: CDD ACA CA BACKGROUND/RELATED STRATEGIC GOAL: Due to a vacancy on the Hobe Sound Neighborhood Advisory Committee, an Information Release soliciting applicants was emailed to the Outreach Martin email list which includes local Chambers of 16 of 2094 8056d620 Commerce and local media (over 400 email addresses). The Information Release was also posted to the Countys web page under News. Administration Staff confirmed through the Supervisor of Elections Office that the applicant listed below is a Martin County registered voter as required. The Administration Staff will advise the applicant of the Commissions decision. ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION 1. Move that the Board appoint Carol D. Hays to the Hobe Sound Neighborhood Advisory Committee for a term to begin immediately and end September 11, 2017. 2. Move that the Board authorize the Chairman to sign the Resolution of Appointment. ALTERNATIVE RECOMMENDATIONS 1. Pull this item from the Consent Agenda. 2. Move that the Board appoint an individual to the Hobe Sound Neighborhood Advisory Committee and determine the term. 3. Move that the Board authorize the Chairman to sign the Resolution of Appointment based on the Boards actions. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD X CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 17 of 2094 Hobe Sound Neighborhood Advisory Committees Created Pursuant to Code s. 39.4.A Powers & Duties: Each committee shall prepare the required community redevelopment plan for its particular designated community redevelopment area. The committee shall follow the procedures of the adopted small area planning process. The completed community redevelopment plan shall be presented to the Community Redevelopment Agency for review and approval prior to presentation to the Board. The final community redevelopment plan shall be adopted by the Board. In addition to providing advice and recommendations to the Agency on the implementation of an adopted Community Redevelopment plan, each committee shall work towards consensus to provide advice and recommendations to the Community Redevelopment Agency, to the extent permitted by the development review process, grant deadlines or other similar time constraints, regarding the following: 1. Proposed amendments and modifications to a Community Redevelopment Plan. 2. Development applications within its Community Redevelopment Area that are classified as major applications under the provisions of the Martin County Land Development Regulations. 3. The prioritization of community redevelopment capital projects. 4. Any other matters as directed by the Board of County Commissioners or the Agency. How Appointed: The Board of County Commissioners shall have final appointment authority and will appoint, by resolution, members of the Neighborhood Advisory Committees, after solicitation of resumes. Each Committee shall be composed of a minimum of five and a maximum of nine individuals who are either: i. a resident of the respective Community Redevelopment Area, as evidenced by being a registered voter in the respective Community Redevelopment Area for at least one year, or ii. a resident of Martin County, as evidenced by being a registered voter in Martin County for at least one year, who is also a business owner of a business located within the respective Community Redevelopment Area; or iii. a resident of Martin County, as evidenced by being a registered voter in Martin County for at least two years, who is also a senior manager of a business located within the respective Community Redevelopment Area; or iv. a resident of Martin County, as evidenced by being a registered voter in Martin County for at least one year, who also owns real property within a half mile of the respective Community Redevelopment Area. No more than two members of any respective Committee will be appointed from category iv. above. Terms: The terms of office of the committee members shall be for four years, except that three of the members first appointed shall be designated to serve terms of one, two, and three years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of four years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. All members appointed by the Board to serve on neighborhood advisory committees are expected to attend each and every meeting of the committee. If a member is absent from three 18 of 2094 meetings of the committee within a 12 month period, said member is automatically removed from the neighborhood advisory committee, but may apply for re-appointment by the Board of County Commissioners. Name Position Appointed Term Ends Michael Banas Resident, Senior Manager 12-SEP-14 11-SEP-18 Donald Foley Resident, Property Owner, Business Owner 12-SEP-14 11-SEP-18 Nina Gelardi Resident 16-APR-14 11-SEP-15 Angela Hoffman Resident, Business Owner, Property Owner 26-SEP-13 11-SEP-16 Charlene Oakowsky Business Owner 16-APR-14 11-SEP-17 Langdon Parks, Sr. Resident 16-APR-14 11-SEP-17 Gretchen Reich Resident, Property Owner 10-SEP-13 11-SEP-17 VACANT 11-SEP-17 19 of 2094 Info Release HOBE SOUND NEIGHBORHOOD ADVISORY COMMITTEE VACANCY The Martin County Board of County Commission seeking applications from individuals interested in volunteering to serve on the Hobe Sound Neighborhood Advisory Committee (NAC). The Committee makes recommendations to the Martin County Community Redevelopment Agency (CRA) regarding implementation of each area's Community Redevelopment Plan. To qualify, you must be an individual who is either: i. A resident of the respective Community Redevelopment Area, as evidenced by being a registered voter in the respective Community Redevelopment Area for at least one year, or ii. A resident of Martin County, as evidenced by being a registered voter in Martin County for at least one year, who is also a business owner of a business located within the respective Community Redevelopment Area; or iii. A resident of Martin County, as evidenced by being a registered voter in Martin County for at least two years, who is also a senior manager of a business located within the respective Community Redevelopment Area; or iv. A resident of Martin County, as evidenced by being a registered voter in Martin County for at least one year, who also owns real property within a half mile of the respective Community Redevelopment Area. No more than two members of any respective Neighborhood Advisory Committee will be appointed from category iv. above. This term will expire in September 2017. All members are expected to attend each and every meeting of the committee. If a member is absent from three meetings within a 12 month period, said member is automatically removed from the committee but may apply for reappointment by the Board of County Commissioners. Hobe Sound meetings are held quarterly (fourth Wednesday of the month) at 6pm at the Hobe Sound Community Center. Next meeting will be held in January. All individuals serve without compensation and are requested to submit an Application for Appointment to Martin County Administration by Friday, November 21, 2014. For an Application, please call Martin County Administration at 288.5756 or send email to dgordon@martin.fl.us. -end- DG/ADM This notification can be reproduced in an alternative format upon request by contacting the County ADA Coordinator (772-221-1396), the County Administration Office (772-288-5940) or Florida Relay 711. www.martin.fl.us 2401 SE Monterey Road, Stuart, Florida 34996 M A R T IN C O U N T Y For immediate release: Nov. 03, 2014 Contact: Donna Gordon, Administration, 772.288.5756 20 of 2094 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER 14-12.x A RESOLUTION PERTAINING TO THE APPOINTMENT OF A MEMBER TO NEIGHBORHOOD ADVISORY COMMITTEES WHEREAS, the Martin County Board of County Commissioners, pursuant to Martin County Code section 7 1/3-5, provided for the creation of Neighborhood Advisory Committees; and set forth the number of members and the required qualifications of members of Neighborhood Advisory Committees; and WHEREAS, in accordance therewith, the Neighborhood Advisory Committees were established; and WHEREAS, the Board of County Commissioners solicited applications and has selected the individual who meets the described qualifications and is aware of the purpose, duties, and responsibilities of service on the Neighborhood Advisory Committees. NOW THEREFORE BE IT RESOLVED THAT the Board of County Commissioners hereby appoints the following individual to serve on the following Committee for the term as listed below: COMMITTEE & MEMBER NAME TERM BEGIN TERM END Hobe Sound Neighborhood Advisory Committee name ...................................................................... immediately............... September 11, 2017 Duly adopted this 16 th day of December 2014. BOARD OF COUNTY COMMISSIONERS ATTEST: MARTIN COUNTY, FLORIDA _______________________________ ________________________________________ CAROLYN TIMMANN, CLERK OF THE ED FIELDING, CHAIRMAN CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _______________________________________ MICHAEL D. DURHAM, COUNTY ATTORNEY 21 of 2094 22 of 2094 23 of 2094 24 of 2094 25 of 2094 26 of 2094 27 of 2094 28 of 2094 29 of 2094 30 of 2094 31 of 2094 806652eb 4B4 ADDITIONAL ITEM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE APPOINTMENT FOR COMMISSION DISTRICT 3 AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Comm District 3 Department of Administration Donna Gordon Name: Board/Com Exec Aide Procedures: None EXECUTIVE SUMMARY: The Board is asked to confirm Robin Snyder, the Commission District 3 appointee, to the Comprehensive Economic Development Strategy Committee. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: On December 2, 2014 four members of the Board made appointments to the Comprehensive Economic Development Strategy Committee (under the Treasure Coast Regional Planning Council). 32 of 2094 dgordon Highlight 806652eb Commissioner Scott is appointing Robin Snyder to the Committee. The term will begin January 1, 2015 and end December 31, 2015. The Administration staff will let Ms. Snyder know of the appointment. ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION Move that the Board confirm the appointment of Robin Snyder to the Comprehensive Economic Development Strategy Committee for a term to begin January 1, 2015 and end December 31, 2015. ALTERNATIVE RECOMMENDATIONS 1. Pull this item from the Consent Agenda. 2. Make appointments to the Comprehensive Economic Development Strategy Committee. FISCAL IMPACT: RECOMMENDATION n/a ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 33 of 2094 Comprehensive Economic Development Strategy Committee This is not a Board of County Commission established Committee. Powers & Duties: The purpose of the Committee, in accordance with U.S. Economic Development Administration Guidelines for Economic Development Districts (1992), is to oversee and guide District-wide economic development planning. The Committee will develop strategies to address economic development issues including the diversification of the District economy and job expansion. Members share information, advise the Economic Development District on areas of economic data development, and create a consensus plan of action. The Strategy Committee is responsible for developing, implementing, revising, or replacing the CEDS. The Strategy Committee is also responsible for outlining the methodology for cooperating and integrating the CEDS with a States economic priorities, and incorporating relevant material from other government sponsored or supported plans and ensuring consistency with applicable state and local workforce investment strategies. How Appointed: Five members are appointed from Martin County. Terms: The terms are from January to December of each year. Meetings: The Committee meets every other month. Staff Liaison: Treasure Coast Regional Planning Council Name Position Appointed Term Ends Bill West Commission District 1 01-JAN-15 31-DEC-15 Kristen Sweeney Commission District 1 ALTERNATE 01-JAN-13 31-DEC-15 Ed Maxwell Commission District 2 01-JAN-15 31-DEC-15 Frank Tidikis Commission District 2 ALTERNATE 01-JAN-15 31-DEC-15 VACANT Commission District 3 VACANT Commission District 3 ALTERNATE Pauline Becker Commission District 4 19-NOV-02 31-DEC-15 Kathie Smith Commission District 4 ALTERNATE 22-JAN-08 31-DEC-15 Luis Dominguez Commission District 5 01-JAN-13 31-DEC-15 Ike Crumpler Commission District 5 ALTERNATE 01-JAN-13 31-DEC-15 34 of 2094 80654d3b 4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: REQUEST APPROVAL OF THE CALENDAR (CY) 2015 MASTER LIST OF SPECIAL EVENTS REQUIRING ROAD CLOSURE(S) AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Lisa A. Wichser, PE Traffic Engineering Administrator Engineering Susan Trovato Name: Administrative Specialist II Procedures: None EXECUTIVE SUMMARY: Staff requests the Board of County Commissioners approve the master list of special events requiring road closure(s) for CY 2015. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 35 of 2094 80654d3b The list of 2015 Special Events Requiring Road Closure(s) identifies each event, its sponsor, the date the event is held, and the impacted roadway(s). The special events included on the list require closure of County and State roadways in unincorporated Martin County and closure of County roadways within a municipalitys jurisdiction. Special events that require closure of a municipalitys roadway within its jurisdiction are not included on this list. By approving this list, the Board of County Commissioners agrees that the County Engineer will ensure that the public is properly notified and that traffic is properly detoured around the closure(s). Staff has prepared the annual list with the coming years date specific events (except for two high schools homecoming parades, which cannot be specified this far in advance) for approval. The proposed list of special events requiring road closure(s) in 2015 is attached. ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION Move that the Board of County Commissioners approve the 2015 Special Events Requiring Road Closure(s) for CY 2015. ALTERNATIVE RECOMMENDATIONS Move that the Board of County Commissioners direct staff how to proceed with special events requiring road closures. FISCAL IMPACT: RECOMMENDATION None. ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 36 of 2094 EVENT DATE(S) ROAD(S) IMPACTED SPONSOR JENSEN BEACH FINE ART & CRAFT SHOW January 10-11, 2015 NE Jensen Beach Blvd Jensen Beach COC MLK PARADE January 19, 2015 SE Palm Beach Rd East Stuart Main Street PORT SALERNO SEAFOOD FESTIVAL January 24, 2015 SE Park Ave/SE DeSoto Ave Port Salerno NAC HOBE SOUND FESTIVAL OF THE ARTS January 31 & February 1, 2015 SE Dixie Hwy Hobe Sound COC ST. PATRICK'S DAY PARADE March 15, 2015 NE Jensen Beach Blvd Jensen Beach COC PORT SALERNO PIRATES & MERMAID FESTIVAL April 17-19, 2015 SE Park Ave/SE DeSoto Ave Port Salerno NAC STUART SAILFISH REGATTA May 15-17, 2015 SE Ocean Blvd (Causeway) American Powerboat Assoc. BAHAMIAN FESTIVAL October 3, 2015 SE Murray St/SE Field St/SE Front St/SE Geraldine St Concerned Citizens of New Monrovia 5K RUN FOR EDUCATION October 17, 2015 SE Salerno Rd Community Baptist Church JENSEN BEACH H.S. HOMECOMING PARADE October 29, 2015 NE Jensen Beach Blvd/Pineapple/Ricou/ Church/IRD Jensen Beach High School MARTIN COUNTY H.S. HOMECOMING PARADE October East Ocean Blvd City of Stuart SOUTH FORK H.S. HOMECOMING PARADE October SE Bridge Rd/SE Dixie Hwy South Fork High School PINEAPPLE FESTIVAL November 13-15, 2015 Pineapple/Ricou Terr Jensen Beach COC SOROPTOMIST INTERNATIONAL CHRISTMAS PARADE December 4, 2015 East Ocean Blvd City of Stuart HOBE SOUND CHRISTMAS PARADE December 5, 2015 SE Dixie Hwy/SE Bridge Rd Hobe Sound COC INDIANTOWN CHRISTMAS PARADE December 5, 2015 SW Yalaha St/SW Jackson Ave/SW Osceola St/SW Washington Ave Indiantown COC PORT SALERNO CHRISTMAS JAMBOREE December 19, 2015 SE Dixie Hwy Port Salerno NAC SPECIAL EVENTS REQUIRING ROAD CLOSURE(S) 37 of 2094 806465fd 4D1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: REQUEST TO BOTH TERMINATE THE DEVELOPMENT ORDER AND TO RELEASE THE UNITY OF TITLE FOR THE CHALETS OF SALERNO AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Carolyn J. Bortz, CP, FRP Growth Management Richard Lawton Name: Gunster, Yoakley & Stewart, P.A. Planner II Procedures: None EXECUTIVE SUMMARY: This is a request to terminate the development order adopted under Resolution DRC 05-12.1, and to release the Unity of Title recorded in Official Records Book 2221, Pages 2270-2284, Public Records of Martin County, Florida, for the development known as the Chalets of Salerno. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 38 of 2094 806465fd The 5.23-acre subject parcel is located on the north side of Cove Road, east of US-1 between the right-of-way of Isabelita Avenue and Grouper Avenue in Port Salerno. The property was approved for a minor final site plan for a 50-unit multi-family development called the Chalets of Salerno on December 15, 2005, Resolution DRC 05-12.1. An executed Unity of Title was submitted as part of the minor final site plan approval process. The Chalets of Salerno was never constructed and the timetable has expired. The current owners of the property have requested a termination of the Development Order and a Release of the Unity of Title for the development. No development of the property can take place without a new application and approval through development review procedures. In accordance with Article 10, Section 10.11.B. Classification of Development, a 50 unit project would now be classified as a Major Development Order. As such staff has prepared a resolution to terminate the development order. A stipulation of the Unity of Title is that it can only be released in writing by the Board of County Commissioners. Staff recommends that the Board authorize the termination of the development order and approval of the release of Unity of Title. Because the development order has expired, continuation of the Unity of Title does not appear to serve any public purpose and would be a deterrent to future development of the property. ISSUES: None. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the attached resolution terminating the Chalets of Salerno development order and releasing the Unity of Title recorded in Official Records Book 2221, Pages 2270-2284, Public Records of Martin County, Florida. ALTERNATIVE RECOMMENDATIONS 1. Pull this item from the Consent Agenda. 2. Move to request additional information from the applicant, and continue the item to a date certain. 3. Move to deny the resolution. FISCAL IMPACT: 39 of 2094 806465fd RECOMMENDATION Staff time. ALTERNATIVE RECOMMENDATIONS Staff time. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 40 of 2094 41 of 2094 42 of 2094 Application Package Chalots of Salerno Release of Unity of Title 43 of 2094 44 of 2094 45 of 2094 46 of 2094 47 of 2094 48 of 2094 49 of 2094 50 of 2094 51 of 2094 52 of 2094 53 of 2094 54 of 2094 55 of 2094 56 of 2094 57 of 2094 58 of 2094 59 of 2094 60 of 2094 61 of 2094 62 of 2094 63 of 2094 64 of 2094 65 of 2094 66 of 2094 67 of 2094 68 of 2094 69 of 2094 70 of 2094 71 of 2094 72 of 2094 73 of 2094 74 of 2094 75 of 2094 76 of 2094 77 of 2094 78 of 2094 79 of 2094 80 of 2094 81 of 2094 82 of 2094 83 of 2094 84 of 2094 Pages 5 59 not Scanned Pages 5-59 are on file with the Growth Management Department under Release of Unity of Title file, Chalets of Salerno. The remainder of the pages not scanned is the Preserve Area Management Plan along with its related correspondence and appendices. 85 of 2094 Page 1 of 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NUMBER A RESOLUTION TO TERMINATE THE DEVELOPMENT ORDER FOR THE CHALETS OF SALERNO AND THE AFFILIATED UNITY OF TITLE WHEREAS, this Board has made the following determinations of fact: 1. A minor final site plan for a 50-unit multi-family development called the Chalets of Salerno was approved on December 15, 2005, via Resolution DRC 05-12.1 and recorded in Official Records Book 2221, Pages 2211-2269, Public Records of Martin County, Florida. 2. The project was never constructed and the timetable for the development has expired. 3. A Unity of Title was entered into by The Vara Group, Ltd. And D.R. Horton and recorded in Official Records Book 2221, Pages 2270-2284, Public Records of Martin County, Florida. 4. Avalon Ventures, LLC, and D.R. Horton, the current owners of the property, have requested that the development order be terminated and the Unity of Title be released. 5. This Board considered such request at a public meeting on December 16, 2014. 6. At the public meeting, all interested parties were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: 1. The development order for the Chalets of Salerno recorded in Official Records Book 2221, Pages 2211-2269, Public Records of Martin County, Florida, is hereby terminated. 2. The Unity of Title entered into by The Vara Group, Ltd. And D.R. Horton for the Chalets of Salerno and recorded in Official Records Book 2221, Pages 2270-2284, Public Records of Martin County, Florida, attached hereto as Exhibit A is hereby released. 3. This resolution shall be recorded in the Public Records of Martin County. A copy of this resolution shall be forwarded to the applicants by the Growth Management Department subsequent to recording. DULY PASSED AND ADOPTED THIS 16TH DAY OF DECEMBER, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: CAROLYN TIMMANN, CLERK OF THE ED FIELDING, CHAIR CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM & LEGAL SUFFICIENCY: MICHAEL D. DURHAM COUNTY ATTORNEY 86 of 2094 87 of 2094 rlawton Typewritten Text Exhibit A rlawton Typewritten Text 88 of 2094 89 of 2094 90 of 2094 91 of 2094 92 of 2094 93 of 2094 94 of 2094 95 of 2094 96 of 2094 97 of 2094 98 of 2094 99 of 2094 100 of 2094 101 of 2094 8065aec3 4E1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: 5K USER AGREEMENT AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Martin County Airport George M. Stokus Name: Airport Manager Procedures: None EXECUTIVE SUMMARY: The Stuart Airshow, Inc. (User), a 501.3c not for profit organization, has requested to utilize the North East Sector of Witham Field (Exhibit A of Use Agreement) to conduct a 5 Kilometer (5K) Footrace. The 5K will be utilized as a fundraiser for three (3) not for profit organizations, Southeast Florida Honor Flight, the Collins Foundation, and the Stuart Airshow Inc. The User has requested to conduct this event on January 17, 2015. APPROVAL: LEG CA BACKGROUND/RELATED STRATEGIC GOAL: 102 of 2094 8065aec3 1. Agreement/Contracted drafted by: Martin County Legal Department 2. Parties to the Agreement/Contract: Stuart Airshow, Inc. & Martin County Board of County Commissioners (BCC) 3. Purpose of the Agreement/Contract: To authorize the Stuart Airshow, Inc. to utilize the airport for a 5K footrace fundraiser. 4. New/Renewal/Modified: New 5. Duration: January 16-18, 2015 6. Benefits to Martin County: An increase to community awareness and involvement at Witham Field. 7. Cost to Martin County: $0.00 The Stuart Airshow, Inc. has requested to utilize the North East Sector of Witham Field (Exhibit A) to conduct a 5K fundraiser on January 17, 2015. The User has stated that the proceeds from this 5K footrace will be distributed to three (3) not for profit organizations. Below is a listing of the three (3) organizations, their missions, and website addresses for further information: Stuart Air Show, Inc. Mission: www.stuartairshow.com Southeast Florida Honor Flight Mission: Transport Americas veterans to Washington D.C. to visit those memorials dedicated to honor their service and sacrifices. www.honorflightsefl.org The Collings Foundation Mission: To organize and support living history events that enable Americans to learn more about their heritage through direct participation. www.collingsfoundation.org LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. ISSUES: None RECOMMENDED ACTION: RECOMMENDATION If the Board of County Commissioners (BCC) chooses to allow this activity staff recommends the following motion: Move that the Board approve the Stuart Airshow, Inc. 5K Use Agreement. 103 of 2094 8065aec3 ALTERNATIVE RECOMMENDATIONS 1. Pull this item from the Consent Agenda. 2. If the Board of County Commissioners (BCC) chooses to deny this activity staff recommends the following motion: Move that the Board deny the Stuart Airshow, Inc. 5K Use Agreement. FISCAL IMPACT: RECOMMENDATION None ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter X Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA X LEG 104 of 2094 105 of 2094 106 of 2094 107 of 2094 108 of 2094 109 of 2094 110 of 2094 111 of 2094 112 of 2094 8065af1c 6A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: 1:30 PM TITLE: LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 14-6, SANITARY SEWER SERVICES AGENDA ITEM DATES: MEETING DATE: 12/16/2014 COUNTY ATTORNEY: 11/24/2014 COMPLETED DATE: 12/4/2014 ASSISTANT COUNTY ADMINISTRATOR: 12/1/2014 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Board of County Commissioners Growth Management Samantha Lovelady, AICP Name: slove1 Principal Planner Procedures: None EXECUTIVE SUMMARY: This is a request for the Board of County Commissioners to consider adoption of Comprehensive Plan Amendment 14-6, Sanitary Sewer Services, a text amendment. APPROVAL: USD LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 113 of 2094 dgordon Highlight 8065af1c In accordance with Sections 163.3174(4)(a) and 163.3184(3)(c)1 and (11), Florida Statutes, all Plan amendments require three public hearings. In accordance with Section 163.3174(4)(a), the first public hearing for this Plan amendment was conducted before the Local Planning Agency on August 21, 2014. At the second hearing, held in accordance with Section 163.3184(3) and (11), the Board of County Commissioners determines whether to transmit or not transmit plan amendments as part of a set of amendments. At the second public hearing on this amendment, held on October 21, 2014, the County Commission approved the transmittal of the amendment to the State and Regional reviewing agencies. Section 163.3184, Florida Statutes, requires state, regional and local reviewing agencies to provide comments to the County. The state and regional reviewing agencies are required to review the amendment to ascertain if there are any impacts to important state resources and facilities. The state and regional reviewing agencies are required to provide their comments, if any, to Martin County within 30 days of the agency receipt of the amendments. If comments are received regarding impact to state resources and facilities, they must be addressed prior to adoption of the ordinance. Failure to successfully address impacts to state resources and facilities may form the basis for a challenge to the amendment after adoption. Pursuant to Section 163.3184(3)(c)1 and (11), Florida Statutes, Martin County must hold the adoption public hearing within 180 days after the receipt of those comments. If Martin County fails to hold an adoption public hearing, the amendment shall be deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment. If approved within 180 days, Martin County has ten days to send the amendment adoption package to the State Land Planning Agency. The State Land Planning Agency has five days to find the amendment adoption package complete. If an affected party challenges the adoption of a plan amendment, the petition must be filed within 30 days of the adoption date of the amendment. If the State Land Planning Agency challenges the adoption of a plan amendment, the petition must be filed within 30 days of the completeness determination by the State Land Planning Agency. Decisions approving or rejecting proposed amendments constitute legislative actions because they involve the policy making function of the BCC. They are different from rezoning and site plan decisions which are quasi-judicial actions involving the application of general rules of policy to specific situations. If approval of a Comprehensive Plan amendment is challenged by an affected person, the approval will be sustained if it complies with Florida Statutes regarding (1) procedural requirements (e.g. proper notice, public hearing), and (2) substantive requirements (e.g. adequate data and analysis, internal consistency). The fairly debatable standard is applicable to the review and requires judicial approval of a BCC approval if reasonable persons could differ as to the propriety of the decision. For example, if a petitioner were to claim that an amendment adopted a provision that was not consistent with an existing provision of the Comprehensive Plan, the court would strike down the amendment only if the court found no reasonable person would think that the two provisions are consistent. If approval of a Comprehensive Plan amendment is challenged by the State Land Planning Agency, the process for the administrative review will be as provided in Section 163.3184(5) F.S. Challenges to a denial of a Comprehensive Plan amendment, have an even more difficult burden. Since the Comprehensive Plan is already in place, the County does not have to meet the statutory, procedural or substantive requirements in order to deny an amendment. Thus, challengers ordinarily seek a remedy based on constitutional claims or some other basis. 114 of 2094 8065af1c ISSUES: A sample motion for approval would be: I move approval of CPA 14-6, Sanitary Sewer Services. A sample motion for denial would be: I move denial of CPA 14-6, Sanitary Sewer Services. COUNTY ATTORNEYS OFFICE LEGAL ANALYSIS This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local governments approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the governments action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge. RECOMMENDED ACTION: RECOMMENDATION 1. Move that the Board approve the amendment per staff recommendation. ALTERNATIVE RECOMMENDATIONS 1. Move that the Board deny the amendment. 2. Move that that staff provide additional information and continue the item to a future date. 3. Move that the Board continue the proposed amendment. FISCAL IMPACT: RECOMMENDATION 1. Staff time. ALTERNATIVE RECOMMENDATIONS 1. Staff time. 2. Staff time. 3. Staff time. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice 1 Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD X USD X CA X ACA X LEG 115 of 2094 PLAN AMENDMENT PROCEDURES The following legislative procedure should be used for all Future Land Use Map amendments and all amendments to the text of the Comprehensive Growth Management Plan: 1. Open legislative public hearing. 2. If applicable, verify that the applicant has filed the return receipts with the Clerk. 3. Staff presentation of the Plan amendment. 4. Applicant presentation. 5. Public comment. 6. Board of County Commissioners deliberation/decision on whether to adopt the Plan amendment. 116 of 2094 MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT/REZONING REVIEW REQUEST #14-6 Page 1 of 4 MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT/REZONING REVIEW REQUEST NUMBER: CPA 14-6, Sanitary Sewer Element APPLICANT: Martin County Board of County Commissioners PLANNER-IN-CHARGE: Samantha Lovelady, AICP, Principal Planner Represented By: Nicki van Vonno, AICP Growth Management Director DATE: November 24, 2014 SITE LOCATION: Not Applicable. ORIGINAL MEETING DATE REVISION DATE LPA MEETING: August 21, 2014 October 8, 2014 BCC TRANSMITTAL HEARING: October 21, 2014 October 22, 2014 TRANSMITTAL TO FDEO: November 4, 2014 ADOPTION HEARING: December 16, 2014 FINAL TRANSMITTAL TO FDEO: APPLICANT REQUEST: On March 18, 2014, the Board of County Commissioners (BCC) adopted a resolution to initiate a comprehensive plan amendment to Chapter 10, the Sanitary Sewer Services Element and other elements of the Comprehensive Growth Management Plan (CGMP). STAFF RECOMMENDATION: Review the proposed changes to the text of Chapters 10, 11, 2 and 4. Background. On March 18, 2014 the Board of County Commissioners (BCC) initiated an amendment to Chapter 10, Sanitary Sewer Services, and other elements of the CGMP. To implement the Boards direction, proposed revisions to Chapter 10 and Chapter 4, Future Land Use Element were discussed at the June 10, 2014 BCC meeting. On June 10, 2014, staff brought forward a discussion on several issues. A summary of Board direction is provided below. 1. Changes to Section 10.2.B(2) restrict on-site sewage treatment and disposal systems to a flow of 2,000 gallons per day (gpd) per lot. 117 of 2094 MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT/REZONING REVIEW REQUEST #14-6 Page 2 of 4 State standards allow up to a maximum flow of 10,000 gpd for uses except for high volume establishments, such as restaurants, convenience stores and service stations that are limited to 5,000 gpd. Data and analysis regarding this topic is found online on the Growth Management web page established for this amendment on the County web site. A staff analysis is provided on this topic. Public comment has been received on this provision from agricultural interests. To address these comments staff provided the LPA an option to allow an exemption for agricultural activities for consideration by the LPA and the BCC. The language below shows the language proposed: Policy 10.2A.8 The following standards shall apply to all on-site sewage treatment and disposal system installations: 1. No on-site sewage treatment and disposal system shall exceed a flow of 2,000 gpd. Nothwithstanding the generally applicable prohibition on OSTDS with a maximum capacity that exceeds 2,000 gpd, the maximum capacity of OSTDS may not exceed 10,000 gpd for these agricultural uses: Agricultural processing, indoors Agricultural processing, outdoors Agricultural veterinary medical services Aquaculture Crop Farms Dairies Exotic Wildlife Sanctuaries Farmers markets Feed Lots Orchards and Groves Plant nurseries and landscape services Ranches Silviculture Stables, Commercial Storage of agricultural equipment, supplies and produce Farmworker housing At the August 21 LPA public hearing, the LPA voted 3 to 1 to recommend the removal of the agricultural exemption. At the same public hearing, the LPA voted unanimously to recommend the proposed restrictions to on-site sewage treatment and disposal systems be limited to a flow of 2,000 gallons per day (gpd) per lot, with a prevision that on agricultural lands, the flow for a single family dwelling would not count against the 2,000 gpd limit. 118 of 2094 MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT/REZONING REVIEW REQUEST #14-6 Page 3 of 4 At the transmittal public hearing, the Board voted not to include the exemptions for agricultural uses. 2. Removal of the Expressway Oriented Transient Commercial Service Center Districts (EOTCSC) Policies. Policies relating to the EOTCSCs are: Policy 10.1A.10(1) Policy 4.7A.4 Policy 4.7A.13(1) Policy 4.13A.8(5) Policy 10.1A.10 The EOTCSC is a special land use designation established to provide basic services such as food, gas and lodging to a transient public traveling on I-95. The EOTCSC land use overlay is intended to reduce travel trips on local roads by providing basic services near where the demand for such services is generated. A Transient Commercial Service Center would allow travelers on I- 95 to obtain basic services and then continue on their journey without having to impact local roads to find services. Policy 10.1A.10(1) allows package treatment plants in the Expressway Oriented Transient Commercial Service Center Districts (EOTCSC). The Board directed staff to remove the EOTCSC provisions. Data and analysis on this topic was provided to the BCC at its June 2014 Workshop. The staff analysis to support this amendment is attached to this report. At the August 21 LPA public hearing, the LPA voted 3 to 1 to recommend the proposed revision to remove the EOTCSC policies from the Plan. 3. Removal of Policy 10.1C.9 that allowed the extension of water and sewer services into the Secondary Urban Service District (SUSD). The amendment, as written, will remove this provision. Other policies affected by this amendment are: Policy 4.7B.1 (portions deleted) Policy 4.7B.7 (deleted) The Board has directed staff to remove the provision for water and sewer services to SUSD. There are five approved master and/or final site plans that will vest with permission to use water and wastewater in the SUSD: Canopy Creek 294 lots (Policy 10.1A.8/ Policy 4.7A.3/Policy 11.1C.11) Bridgewater Preserve 36 lots (Policy 10.1A.8/Policy 11.1C.11) Fort Dawson - (Policy 10.1A.8/Policy 11.1C.11) Christ Fellowship (Policy 4.1F.9) Indiantown DRI (Policy 4.1F.9)/ Policy 4.7A.3) A staff analysis is attached to this report. 119 of 2094 MARTIN COUNTY COMPREHENSIVE PLAN AMENDMENT/REZONING REVIEW REQUEST #14-6 Page 4 of 4 At the August 21 LPA public hearing, the LPA voted 3 to 1 to recommend the proposed revision. 4. Addition of new Goal 10.2 and the related objective and policies. The objective and policies provide standards for on-site sewage treatment and disposal systems. Similar language was deleted in Section 10.2, Existing Conditions, and was revised and replaced into policies under Goal 10.2. This change is recommended to provide clear policy language in the Policy section of the Plan since Policy language to this effect was removed from other Chapters of the CGMP during the EAR based plan amendments. Language found in Article 4, Section 4.307, Land Development Regulations, Martin County Code is consistent with policies found in Goal 10.2. 5. Change in the Minimum lot size from acre to one acre. Policy 10.2A.7.4 changes the minimum lot size for on-site sewage treatment and disposal systems in new single family subdivisions to one acre. The previous minimum lot size was acre. The LPA voted 4 to 0 to recommend this change. A staff analysis is attached to this report. 6. Other revisions to Chapter 10, 11, 2 and 4 are routine updates and minor clean up to outdated or obsolete language. 7. Lastly, new Goal 10.3. was written to reflect the Countys ongoing commitment to refining its policies and regulations based on the best available data. The LPA voted 4 0 to recommend these changes. Conclusion This amendment is supportive of BCC Strategic Goal 2 Natural Resource Protection which is: Martin County shall strongly advocate for Everglades restoration while ensuring local actions prioritize the protection of estuaries. The Board of County Commissioners voted 3 2 to transmit the amendment to the Department of Economic Activity. 120 of 2094 Page 1 of 3 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER AN ORDINANCE OF MARTIN COUNTY, FLORIDA, REGARDING COMPREHENSIVE PLAN AMENDMENT 14-6, SANITARY SEWER SERVICES, AMENDING THE TEXT OF CHAPTER 10, SANITARY SEWER SERVICES ELEMENT; CHAPTER 2, DEFINITIONS; CHAPTER 4, THE FUTURE LAND USE ELEMENT; AND CHAPTER 11, POTABLE WATER SERVICES ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN, MARTIN COUNTY CODE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 1.11, Comprehensive Growth Management Plan, and Section 163.3184, Florida Statutes, permit amendments to the Comprehensive Growth Management Plan and provide for amendment procedures; and WHEREAS, on August 14, 2014 the Local Planning Agency considered the proposed Comprehensive Plan amendment at a duly advertised public hearing; and WHEREAS, on October 21, 2014 at a duly advertised public hearing, this Board considered the amendment and approved such amendment for transmittal to the Division of Community Planning and Development; and WHEREAS, on December 16, 2014 at a duly advertised public hearing this Board considered and addressed the comments of the various reviewing agencies; and WHEREAS, this Board has provided for full public participation in the comprehensive planning and amendment process and has considered and responded to public comments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART I. COMPREHENSIVE GROWTH MANAGEMENT PLAN AMENDMENT CPA 14-6, SANITARY SEWER SERVICES Comprehensive Growth Management Plan Amendment 14-6, Sanitary Sewer Services, is hereby adopted as follows: A text amendment to Chapter 10, Sanitary Sewer Services Element (as set forth in Exhibit A); Chapter 4, Future Land Use Element (as set forth in Exhibit B;) Chapter 2, Definitions (as set forth in Exhibit C); and Chapter 11, Potable Water Services Element (as set forth in Exhibit D) of the Martin County Comprehensive Growth Management Plan, attached hereto and incorporated by reference. 121 of 2094 Page 2 of 3 PART II. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions or parts thereof, and other parts of the Martin County Comprehensive Growth Management Plan in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART III. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If the ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property or circumstance. PART IV. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of Martin County. PART V. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to scan this ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. PART VI. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. 122 of 2094 Page 3 of 3 DULY PASSED AND ADOPTED THIS 16 TH DAY OF DECEMBER, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY:_____________________ BY:__________________________ CAROLYN TIMMANN ED FIELDING, CLERK OF THE CIRCUIT COURT CHAIRMAN AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:_____________________ MICHAEL D. DURHAM COUNTY ATTORNEY 123 of 2094 Chapter 10 124 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 1 CPA 14-6 Sanitary Sewer Services. Stricken text below is proposed for deletion. Underlined text is proposed for addition to the currently adopted text. Chapter 10 SANITARY SEWER SERVICES ELEMENT Adopted: February 20, 1990 By Ordinance No. 373 Amended: July 9, 1991 By Ordinance No. 400 Amended: October 26, 1993 By Ordinance No. 430 Amended: November 29, 1994 By Ordinance No. 450 Amended: December 15, 1998 By Ordinance No. 537 Amended: September 28, 1999 By Ordinance No. 555 Amended: May 24, 2005 By Ordinance No. 668 Amended: August 7, 2007 By Ordinance No. 765 Amended: December 11, 2007 By Ordinance No. 778 Amended: December 11, 2007 By Ordinance No. 781 Amended: December 11, 2007 By Ordinance No. 782 Amended: February 12, 2008 By Ordinance No. 787 Amended: December 16, 2009 By Ordinance No. 840 Amended: December 16, 2009 By Ordinance No. 851 Amended: August 10, 2010 By Ordinance No. 870 Amended: January 10, 2012 By Ordinance No. 907 125 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 2 Amended: July 10, 2012 By Ordinance No. 913 Section 10.1. Background Information Section 10.2. Existing Conditions Section 10.3. Future needs Section 10.4. Goal, Objectives and Policies Section 10.1. Background Information 10.1.A. Introduction. In its 1982 Comprehensive Growth Management Plan (CGMP), Martin County set objectives for wastewater management. These included promoting centralized systems, initiating wastewater planning and including regulations in the Land Development Code and performance standards in the CGMP. After adoption of the 1990 CGMP, tThe Board of County Commissioners (BCC) commissioned a series of planning documents, including the 1998 Wastewater Master Plan and the 2001 update. Those master plans recommended consolidating the County's wastewater system. Other recommendations included developing and/or expanding facilities in the Port Salerno/Tropical Farms and North County areas; eliminating package treatment plants and septic tanks on-site sewage treatment and disposal systems (OSTDS) in areas with higher density of more than two units per acre; reusing sewage effluent for irrigation; and developing a biosolids disposal program. The 2001 Water and Wastewater Master Plan Update provided guidelines that allowed the Martin County Utilities and Solid Waste Management Department to meet the requirements of Florida Statutes, Chapter 163, and Florida Administrative Code section 9J-5. The County acknowledges that proper planning for and investment in infrastructure constitutes a fundamental means of achieving the Countys vision of environmental, economic, social and fiscal sustainability, and continued high quality of life set forth in the CGMP, especially the Future Land Use Element. Therefore, proper alignment and implementation of the Goals, Objectives and Policies of the CGMP are essential to achieve the these goals. The 2014 amendments to this Chapter are intended to more closely harmonize infrastructure planning and investment with the Countys future land use goals. 126 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 3 Toxic blue green algae blooms in the St. Lucie River and the Indian River Lagoon in the summer of 2013 highlighted the negative impacts caused by excessive nitrogen and other pollutants reaching the Countys waterways. One of many potential sources of these pollutants are on-site sewage treatment and disposal systems. Full implementation and enforcement of the strategies and policies in this chapter are vitally important. The quality of life and the economy of Martin County rests on its waterways. The Countys policy and investment has achieved significant success. In the period from 1982 through 2014, Martin County has eliminated 70 package plants with a combined treatment capacity of 5.8 mgd, by providing regional sewer facilities. The siting, design and permitting standards for OSTDS are within the jurisdiction of the Florida Department of Health and the State Department of Environmental Protection. Therefore, the County may not at this time have the full range of policy alternatives available to it to solve the environmental problems and fiscal challenges posed by failing OSTDS. There also remains some uncertainty as to the absolutely best approach to protect and restore water quality in every given situation. In some circumstances the best way forward is to eliminate OSTDS and provide regional facilities. In other circumstances, given proper standards and safeguards, additional development served by OSTDS may be appropriate. The County is cognizant that knowledge and best management practices regarding regional sewage systems and OSTDS will continue to develop and inform County policies and practices going forward. Within the Countys seven Community Redevelopment Areas (CRAs), there are areas that meet the criteria for high prioritization for capital investment for the extension of regional sewer facilities. The County Community Development Department and the County Utilities Department have prepared preliminary draft utility plans for each CRA. These preliminary draft plans identify needed gravity collection lines, force mains and lift stations needed to provide regional sewage facilities to the CRAs. Preliminary cost estimates have also been prepared. 10.1.B. Purpose and intent. This element serves as the basis for providing the sanitary sewer facilities and services necessary to manage the wastewater generated by Martin County's existing and future residents. It contains the goals, objectives and policies needed to implement these facilities and services. Section 10.2. Existing Conditions 10.2.A. Type of facilities. Martin County residents are served by septic tanks on- site sewage treatment and disposal systems (OSTDS), package sewage treatment 127 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 4 plants and regional sewage systems treatment facilities. Each facility is described below. Septic tanks On-site sewage treatment and disposal systems serve individual residences or small developments. Solid wastes settle in the tank and decompose; the remaining liquid is discharged to a drainfield and percolates into the soil. The natural process of filtration and microorganism activity in the soil completes the treatment process. Septic tanks On-site sewage treatment and disposal systems must be pumped out every few 3-5 years to remove the accumulated solids, and the waste septage must be treated prior to final disposal. Package sewage treatment plants are usually small, preconstructed units serving isolated developments. They can be designed to provide any level of service but usually provide no more than secondary treatment. Effluent is usually disposed through percolation ponds or drainfields. Twenty-four package plants are operating in Martin County. Regional sewage treatment facilities systems are large systems serving densely populated regions, owned either by the public or by investors. Physical and biological methods are used to separate solid and organic matter from the wastewater. Depending on the facility's design and purpose, three levels of treatment are possible: primary, secondary and tertiary. Under FDEP requirements, all systems use secondary and/or tertiary treatment. Effluent to be reused for irrigation receives tertiary treatment. If effluent is not reused, biosolids are removed by subsurface drainfield percolation, percolation ponds or deep well injection. Martin County has sSix regional treatment facilities systems operate in Martin County. Designated regional sewage systems serving the County are Martin County North, Martin County South, South Martin Regional Utilities, Indiantown Utilities, the Loxahatchee River Environmental Control District (LRECD) and the City of Stuart (Table 10-1). The goals, objectives and policies contained in this element require planning and operations consistent with the other Elements of this Plan. Wastewater Master Plans have been developed to guide the County's consolidation of sanitary sewer facilities and to address concerns about existing conditions and future needs. For example, the County developed and implemented an industrial waste effluent pretreatment program to ensure pretreatment of industrial waste streams prior to discharge to the public wastewater treatment facility. This program is necessary to ensure proper maintenance and operation of the facility and maintenance of effluent and biosolids standards. The County also conducted a pilot program to determine the economic feasibility and business and public response to conversion of dewatered biosolids for use as a soil amendment (fertilizer). This program considered the dual benefits of reduced landfill space and reduced need for synthetic fertilizers. Based on the findings of the pilot 128 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 5 program, the County has issued a contract to build two regional biosolid facilities. They can expect to be operational in 2015. 10.2.B. Septic tanks Both incorporated and unincorporated areas of Martin County rely on septic on-site sewage treatment and disposal systems tanks (as well as package treatment plants) where a regional wastewater sewage system is not available. According to the General Soil Map of Martin County (Figure 10-1, on file with the Martin County Growth Management Department), the County has 15 "soil map units". Each unit represents a unique natural area, consisting of one or more major soil types and some minor soils. Septic tanks On-site sewage treatment and disposal system may pose health, and public safety and environmental problems if located in areas with unsuitable soils. The map is based on the Soil Survey of the Martin County Area, which has revealed that most of the County's soils have some limitations for septic tank on-site sewage treatment and disposal system absorption fields. These limitations include poor filtering, seepage, sandiness, slow rate of percolation, wetness, ponding and excess humus, as well as a shallow depth to bedrock or to a cemented pan. All of these characteristics affect absorption of effluent. The depth to bedrock/cemented pan affects installation of septic tank on-site sewage treatment and disposal systems. Therefore, use of septic tanks on-site sewage treatment and disposal systems is regulated so these limitations can be overcome by testing and by designing, constructing and maintaining systems specifically geared to address the particular soil or situation. Higher densities should be avoided where more limited soils are present. Septic tanks On-site sewage treatment and disposal systems must be located in accordance with setback requirements for potable water wells and surface water and wetlands. In addition, the Wellfield Protection Ordinance prohibits on-site sewage treatment and disposal systems septic tanks within 200 feet of wells that supply public water. The majority of septic tank on-site sewage treatment and disposal system approvals have been in rural areas, coastal communities and subdivisions grandfathered in under previous regulations. Since septic tanks on-site sewage treatment and disposal systems discharge wastewater of a lower quality than water from a treatment plant, a high density of homes with on-site sewage treatment and disposal systems septic tanks can threaten a wellfield or the water quality of surface water. Problems may also arise from improper installation or maintenance. Regardless of the cause, septic tanks on-site sewage treatment and disposal systems can fail and groundwater can be contaminated;. several areas in Martin County have experienced system failures. Therefore, Martin County has established a policy requiring on-site sewage treatment and disposal system septic tank areas that experience problems to connect to regionalized sewer service. In the Countys Urban Service District, on-site sewage treatment and disposal systems will be prohibited where regional sewage systems are available. For existing 129 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 6 residential uses utilizing on-site sewage treatment and disposal systems, a program to connect those areas with high densities, high water table, and poor soils must be developed. Restrictions on the use of on-site sewage treatment and disposal systems coupled with policies which limit the intensity of use and limit negative impacts remain an alternative to provide reasonable use of property in rural areas outside the Primary Urban Service District. Approvals for new development will be limited to low density residential as permitted by the underlying future land use designation and small scale service establishments necessary to support rural and agricultural uses. On-site sewage treatment and disposal systems that are directly related to and supportive of agriculture and would not jeopardize the integrity of the agricultural purpose of the district are allowed. 1. Residential use of septic tanks on-site sewage treatment and disposal systems. The Martin County Health Department permits use of septic tanks on-site sewage treatment and disposal systems where soil and drainage conditions are suitable. and when the requirements of the Martin County Code of Laws and Ordinances are met. Septic tanks On-site sewage treatment and disposal systems are permitted for residential use when the following conditions are met: in accordance with the policies in Section 10.4. a. Each septic tank shall be located on a lot. b. When the development is serviced by private wells, each lot shall have a minimum usable area of one-half acre per unit. The septic tank must be set back 75 feet from a drinking water well and 50 feet from an irrigation well. c. When the development is serviced by a public water system, each lot shall have a usable minimum area of one-third acre per unit. d. Septic tanks are not permitted, and subsections 10.2.B.1.b. and c. do not apply, on new development requiring site planning or platting where a government-owned or investor-owned public sewerage system is available within one-quarter mile of the development with accessibility by public right- of-way or utility easement. e. Septic tanks are permitted, and subsections 10.2.B.1.b., c. and d. do not apply, on a lot of record created before adoption of the Martin County subdivision regulations (November 7, 1972), in accordance with the Code of Ordinances of Martin County, or on a lot of record created pursuant to the subdivision regulations between November 7, 1972, and July 1, 1983, for construction of the following dwelling types: 130 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 7 (1) A single-family dwelling in accordance with the other applicable provisions of the CGMP and the Code of Ordinances. (2) A duplex, (a) when the lot of record includes at least one-half acre, and will be serviced by a government-owned or investor-owned or interim water supply system, and (b) in accordance with the other applicable provisions of the CGMP and the Code of Ordinances. 2. Nonresidential use of septic tanks on-site sewage treatment and disposal systems. Septic tanks On-site sewage treatment and disposal systems can serve nonresidential uses on existing lots when a government-owned or investor-owned sewerage system regional sewage system is not available. In addition, the All systems shall be consistent with the policies in Section 10.4. No on-site sewage treatment and disposal system shall exceed a flow of 2,000 gpd per lot. A use must be deemed by the Health Department not to constitute a high expected failure level rate. On-site sewage treatment and disposal systems shall not be allowed for the treatment and disposal of industrial, toxic or hazardous wastes. An on-site sewage disposal system (septic tanks) shall not be approved: a. Where an existing sanitary sewer (either government-owned or investor- owned) is available for connection, which means the system: (1) is not under an FDEP moratorium, (2) has adequate hydraulic capacity to accept the quantity of sewage to be generated by the proposed establishment, and (3) complies with the following conditions: (1) For estimated sewage flows of 600 or fewer gallons per day, there is a gravity sewer line in a public easement or right-of-way abutting or within 100 feet of the property, and gravity flow can be maintained from the building drain to the sewer line. (2) For estimated sewage flows of 601 to 1,200 gallons per day, there is a gravity sewer line, force main or lift station in a public easement or right- of-way within 100 feet of the property. (3) For estimated sewage flows of 1,200 to 2,000 gallons per day, there is a gravity sewer line, force main or lift station in a public easement or right-of-way within 500 feet of the property. b. For treatment and disposal of industrial, toxic or hazardous wastes. c. For commercial establishments where food is processed, handled, prepared or served. Grease trap sizing will be calculated at 100 gallons per day per seat and must comply with all requirements of Florida Administrative Code 64E-6. This restriction does not apply to retail or repackaged food stores and to convenience stores where food service is limited to coffee, soft drinks, hot dogs or ice cream. 131 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 8 10.2.C. Package plants. Applicants for New development within the Primary Urban Service District are required to connect to a government-owned or investor-owned sewerage regional sewage system. Martin Countys policies that discourage package plants and work to build an integrated, efficient and cost effective group of regional sewage systems have been effective. When the original comprehensive plan was adopted in 1982, there were over 100 package plants in Martin County. The County has eliminated seventy package plants in its service area since 1982., unless they qualify for a septic tanks or a package plant. An interim package plant system is allowed if the applicant agrees to connect to a County designated regional system when it becomes available. When connecting to a regional system, the property owner is required to pay all current rates and charges, including capital facility charges and connection costs imposed by the designated utility, and accept service according to the utility's terms. The use of package plant systems will be allowed outside the Primary and Secondary Urban Service Districts if the proposed use meets the criteria established in the Future Land Use Element Policy 4.13A.8.(5). As of January 2009, 82 of the package plants that existed in 1990 had connected to regional sewer systems, leaving 24 in operation. Many of these plants were in use before adoption of the policy on interim systems, and they usually serves one development. Each plant has its own effluent disposal system. ranging from drainfields or percolation ponds to landscape irrigation. The most commonly used methods of effluent disposal are by drainfields, or percolation ponds and landscape irrigation. The majority of these systems are package plants, ranging in The design capacity of the remaining package plants in operation range in size from 3,300 gallons per day to 300,000 gallons per day. All investor-owned systems are regulated by the Florida Public Service Commission and must adhere to the County level of service standard in Policy 10.1B.5. As of 1990 2014 Martin County hads 13 one investor-owned systems but as of 2009 it has four: Miles Grant, Sailfish Point, the Indiantown Company and Indian River Plantation. Package plants are considered costly and environmentally problematic, and studies have identified numerous problems with them in Martin County. Many of these facilities are not properly financed or operated, resulting in problems with effluent quality and odor. Surface water degradation is a concern with the plants on Hutchinson Island and in other coastal areas because many do not meet the 500-foot setback from surface water recommended by FDEP. Accordingly, Martin County has established a policy of requiring areas served by package plants experiencing problems to connect to regional sewer systems. The Loxahatchee River Environmental Control District (LRECD) in Palm Beach County provides sewer service for a portion of Martin County south of Jonathan 132 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 9 Dickinson State Park. LRECD has committed to expand its facilities in accordance with FDEP rules and regulations. 10.2.D. Regional sewage systems facilities. Due to the problems associated with package plants and septic tanks on-site sewage treatment and disposal systems, Martin County has pursued a policy of consolidating wastewater systems by acquiring wastewater treatment facilities. Interlocal agreements, through which one entity provides services, capacity or facilities to another, may be executed if they are in the best interest of the parties involved. The County currently provides sanitary sewer service to Sewall's Point through an interlocal agreement in force since March 8, 1994. On October 28, 2008, the County entered into a 20-year interlocal agreement with the City of Stuart in which the City will provide 1.1 MGD of sewer treatment capacity and the County will provide the same amount of potable water treatment to the City. In the future the County may provide sewer service to the Town of Sewall's Point and the Town of Ocean Breeze. Designated regional systems serving the County are Martin County North, Martin County South, South Martin Regional Utilities, Indiantown Utilities, the Loxahatchee River Environmental Control District (LRECD) and the City of Stuart (Table 10-1). The Loxahatchee River Environmental Control District (LRECD) in Palm Beach County provides sewer service for a portion of Martin County south of Jonathan Dickinson State Park. LRECD has committed to expand its facilities in accordance with FDEP rules and regulations. Interlocal agreements, through which one entity provides services, capacity or facilities to another, may be executed if they are in the best interest of the parties involved. The County currently provides sanitary sewer service to Sewall's Point and Ocean Breeze through interlocal agreements. On October 28, 2008, the County entered into a 20-year interlocal agreement with the City of Stuart in which the City will provide 1.1 MGD of sewer treatment capacity and the County will provide the same amount of potable water treatment to the City. In the future the County may provide sewer service to the Town of Sewall's Point and the Town of Ocean Breeze. Figures 11-1 and 11-2 in Chapter 11 indicates the existing and potential service areas of each of the regional plants. Service areas in the southern portion of Martin County are not fully defined. Only regional sewage systems in this section shall be eligible for hook-ups for new development. This list shall not be changed without a plan amendment. Table 10-1 Regional Wastewater Facilities Sewage Systems in Martin County 133 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 10 Facility (Ownership) Type of Treatment Disposal Methods Actual Flow (MGD) Rated Capacity North System (County) Secondary Tertiary /effluent treatment Deep well Landscape irrigation 1.36 2.76 South System (County) Secondary/effluent treatment Tertiary Landscape irrigation Percolation ponds Deep well 3.20 2.90 5.00 5.9 City of Stuart Plant (City) Secondary Tertiary Deep well Landscape irrigation 1.56 4.0 South Martin Regional Utilities Secondary/effluent treatment Tertiary Percolation ponds, landscape irrigation 0.8 AADF* 1.4 AADF* Indiantown Utilities (Private) Secondary Tertiary Percolation ponds, reuse Agricultural irrigation 0.45 1.1 Loxahatcee River Environmental Control District (LRECD) Secondary/effluent treatment Tertiary Landscape irrigation Deep well (back- up) 6.5 11.0 * The majority of systems are measured using the 3 month average daily flow; This system is measured using Aaverage annual daily flow. 134 of 2094 EXHIBIT A Chapter 10 SANITARY SEWER SERVICES ELEMENT Martin County, Florida, Comprehensive Plan Page 11 Source: Regional utilities 10.2.E. Issues in wastewater management. The issues that emerge from current conditions in Martin County are: 1. Some of the 24 remaining package systems are not properly financed or operated, resulting in unacceptable effluent quality and odor. 2. Some of the existi