6O - documents.martin.fl.us · 8094eca0 6o board of county commissioners agenda item summary placement: public hearings preset: title: legislative public hearing to consider adoption

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BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

PLACEMENT: PUBLIC HEARINGSPRESET: TITLE: LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF EAR-BASED COMPREHENSIVE PLAN AMENDMENT 17-E16, ARTS, CULTURE AND HISTORIC PRESERVATION ELEMENT, A TEXT AMENDMENT

AGENDA ITEM DATES:

MEETING DATE:2/27/2018

COUNTY ATTORNEY:2/5/2018

COMPLETED DATE:2/15/2018

ASSISTANT COUNTY ADMINISTRATOR:2/12/2018

REQUESTED BY: DEPARTMENT: PREPARED BY:

Name: Nicki van Vonno, Growth Management Director

Growth Management Richard Lawton

Name: Planner II

Procedures: None

EXECUTIVE SUMMARY:

Estimated staff presentation: 10 minutes. A request for the Board of County Commissioners to consider adoption of Comprehensive Plan Amendment 17-E16, a text amendment to Chapter-16, Arts, Culture and Historic Preservation Element, CGMP.

APPROVAL:LEGACACA

BACKGROUND/RELATED STRATEGIC GOAL:

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In accordance with Section 163.3184(2)(c), Florida Statutes, evaluation and appraisal (EAR) plan amendments must follow the State Coordinated Review Process.

All plan amendments require three public hearings. The first public hearing for this Plan amendment was conducted before the Local Planning Agency on September 7, 2017. At the second hearing, held on October 24, 2017, the Board of County Commissioners approved transmittal of the amendment to the State and Regional reviewing agencies. The following paragraphs describe the standard process for a State Coordinated Review of EAR based plan amendments.

The State will issue an objections, recommendations, and comments (ORC) report regarding the proposed plan amendment(s) within 60 days after receipt of the amendment package. Any other unit of local government or government agency may provide comments within 30 days after receipt by the state land planning agency of the complete proposed plan or plan amendment.

Martin County must hold the adoption public hearing within 180 days after receipt of the ORC report. Ifthe County fails to hold an adoption hearing within 180 days after receipt of the ORC report, the amendments shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected person that provided comments on the amendment. After the adoption hearing, adopted plan amendments must be transmitted within 10 working days to the State and any other agency or local government that provided timely comments.

The State has 45 days to determine if the plan amendments are in compliance with Florida Statute and will issue a notice of intent to find that the plan amendments are in compliance or not in compliance. A plan amendment adopted under the state coordinated review process shall go into effect pursuant to the state land planning agency’s notice of intent. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance.

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.

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ISSUES:

A separate Board item has been created for each of the Plan amendments. Each Plan amendment will be considered separately by the Board pursuant to legislative public hearing procedures. At the conclusion of the presentation of a given Plan amendment, the Board will be asked to either approve, approve with changes, deny or continue the proposed Plan amendment to a future date.

The staff recommendation presumes that the Board concludes the public hearing on each amendment and then does a consolidated motion to transmit the set of amendment at the end of the last public hearing.

If it becomes apparent during the day of the hearings that an item must be continued and the Board cannot complete all public hearings the following motion could be used:

“I move that the amendments previously approved for transmittal to the Department of Economic Opportunity be continued to a date certain so that all approved amendments can be consolidated into a single submission.”

At the end of the final day of review, the Board will be able to transmit or adopt the list of approved amendments, either individually or as a group, without further public input or Board deliberation, as the Board deems appropriate.

LEGAL SUFFICIENCY REVIEW:

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 government’s 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 government’s 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 Move that the Board adopt the ordinance for text changes to Chapter 16, Arts, Culture and Historic Preservation Element.

ALTERNATIVE RECOMMENDATIONS 1. Move that the Board deny the proposed text change.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:

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RECOMMENDATIONStaff time.

ALTERNATIVE RECOMMENDATIONSStaff 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 _ USDX CA X ACA X LEG

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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.

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MARTIN COUNTY EAR-BASED COMPREHENSIVE PLAN AMENDMENT: ARTS, CULTURE AND HISTORIC PRESERVATION ELEMENT

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MARTIN COUNTY EAR-BASED COMPREHENSIVE PLANAMENDMENT REVIEW

CGMP CHAPTER: CPA 17-E16 ARTSChapter 16, Arts, Culture and Historic Preservation Element

APPLICANT: Martin County Board of County Commissioners

PLANNER-IN-CHARGE:Richard LawtonPlanner II

REPRESENTED BY:Nicki van Vonno, AICPGrowth Management Director

September 1, 2017

ORIGINAL MEETING DATE

REVISION DATE

LPA MEETING: August 3, 2017 July 2, 2017BCC TRANSMITTAL HEARING: October 24, 2017 August 28, 2017TRANSMITTAL TO STATE LAND PLANNING AGENCY:

October 31, 2017 October 25, 2017

ADOPTION HEARING: February 27, 2018 January 24, 2018FINAL TRANSMITTAL TO STATE LAND PLANNING AGENCY:

TBD

APPLICANT REQUEST: A text amendment to Chapter 16, Arts, Culture and Historic Preservation Element, of the Comprehensive Growth Management Plan (CGMP), to implementthe recommended changes of the adopted Evaluation and Appraisal Report (EAR).

STAFF RECOMMENDATION: Staff recommends approval of the text changes to Chapter 16, Arts, Culture and Historic Preservation Element, CGMP. On August 3, 2017, the LPA voted 5-0 to recommend approval of the changes as proposed. On October 24, 2017 the Board voted 5-0 to transmit the amendment to DEO.

EXECUTIVE SUMMARYNumerous changes are proposed for Chapter 16. The proposed changes fall into two categories: 1) Changes to the introductory dialog and policies of the Chapter proposed by the Arts Council of Martin County, and 2) Changes to implement Ordinance 1022 for new rules relating to the Public Art Advisory Board, Public Art Master Plan, and Public Art Site Selection Committee.

Changes proposed by the Arts Council to update the text of the: Background, Existing Conditions, and Future Needs sections of the Chapter to reflect current conditions.

Minor changes proposed by the Arts Council to update policy language.

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Updates to policies to implement Ordinance 1022, adopted by the Board in May 2017.

The Department of Economic Opportunity and other state agencies reviewed each chapter transmitted pursuant to the state coordinated review process. The Department of Economic Opportunity issued the Objections Recommendations and Comments Report on December 29, 2017 and identified no objections and provided no comments. To quote the DEO letter, “We congratulate you on a well prepared and defined comprehensive plan.”

BACKGROUND:The EAR, is a required part of the State growth management process and could be generally described as a mechanism for determining whether the need exists to amend the County's Comprehensive Growth Management Plan. Due to changes made by the Florida Legislature in 2011 via the Community Planning Act, local governments no longer need to submit evaluation and appraisal reports to the State reviewing agencies. Instead, local governments, at least every seven years, pursuant to Rule Chapter 73C-49, Florida Administrative Code, must determine if aneed exists to amend the comprehensive plan to reflect changes in state requirements since the last time the comprehensive plan was updated. Additionally, the Martin County Comprehensive Growth Management Plan contains requirements for continuing evaluation and requires that evaluation and appraisal reports be reviewed by the Local Planning Agency and approved by the Board of County Commissioners.

Staff began this work effort last year, and briefed the County Commission via memos and Board items since then. Please see the following matrix summarizing the work done.

Sept. 15, 2016 LPA reviewed a Matrix of Statutory Changes and a draft report on local issues.

Oct. 25, 2016 BCC authorized notifying the State Land Planning Agency by letter that amendments are necessary.

Oct. 31, 2016 State Land Planning Agency received MC letter and established October 31, 2017 as the deadline for transmittal of EAR based amendments to State Agencies.

Feb. 2, 2017 LPA reviewed the full EAR. Feb. 14, 2017 BCC adopted Resolution 17-2.15 initiating EAR based amendments.March 28, 2017 BCC reviewed EAR and local issues. Adopted the EAR and provided staff

direction on local issues.

The Local Planning Agency will conduct a public hearing on each amendment. The County Commission will hold a transmittal public hearing on each amendment, prior to October 31, 2017 and then the amendments will be reviewed by the various state and regional agencies that participate in the State Coordinated Review Process. After that review the County Commission will hold its adoption public hearing.

CONTENT AND FORMAT:The attached amendment consists of an updated Chapter. The attached Chapter contains, in strikeand underline, the proposed changes to the Element to implement the recommendations of the EAR.

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DATA AND ANALYSIS:Growth Management Department staff is coordinating with staff from other departments on the proposed changes. All Data and Analysis supportive of this chapter will be submitted to State Land Planning Agency as part of the transmittal packet. Copies are available in the Growth Management Department, upon request.

ISSUES:Staff is proposing the following changes to the Chapter:

Changes proposed by the Arts Council to update the text of the: Background, Existing Conditions, and Future Needs sections of the Chapter to reflect current conditions.

Minor changes proposed by the Arts Council to update policy language. Updates to policies to implement Ordinance 1022 for rules concerning the Public Art

Advisory Board, Public Art Master Plan, and Public Art Site Selection Committee.

FIGURES/ATTACHMENTSChapter Element with proposed changes.Ordinance 1022.Matrix summary of proposed changes from EAR.Public Comment

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BEFORE THE BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA

ORDINANCE NUMBER

AN ORDINANCE OF MARTIN COUNTY, FLORIDA, REGARDING COMPREHENSIVE PLAN AMENDMENT 17-E16, AMENDING THE TEXT OF CHAPTER 6, ARTS, CULTURE AND HISTORIC PRESERVATIONELEMENT, 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, the Local Community Planning Act requires a Comprehensive Plan to be reviewed through an Evaluation and Appraisal process every seven years on a schedule determined by the Florida Department of Economic Opportunity (DEO) ; and

WHEREAS, Martin County completed and adopted its Evaluation and Appraisal Report on March 28, 2017; and

WHEREAS, amendments to Chapter 16, Arts, Culture and Historic PreservationElement, were identified in the Evaluation and Appraisal Report; and

WHEREAS, on August 3, 2017 the Local Planning Agency considered the proposed Comprehensive Plan amendment at a duly advertised public hearing; and

WHEREAS, on October 24, 2017 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 February 27, 2018 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:

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PART I. COMPREHENSIVE GROWTH MANAGEMENT PLAN AMENDMENT CPA 17-16,

Comprehensive Growth Management Plan Amendment 17-E16, is hereby adopted as follows: A text amendment to Chapter 16, Arts, Culture and Historic Preservation Element, of the Martin County Comprehensive Growth Management Plan as set forth in Exhibit “A” attached hereto and incorporated by reference.

PART II. CONFLICTING PROVISIONS.

To the extent that this ordinance conflicts with special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, and other parts of the Martin County Comprehensive Growth Management Plan, the more restrictive requirement shall govern.

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: CODIFICATION.

Provisions of this ordinance shall be incorporated into the Martin County Comprehensive Growth Management Plan, except that Parts II through VII shall not be codified. The word "ordinance" may be changed to "article," "section," or other word, and the sections of this ordinance may be renumbered or re-lettered.

PART VII. EFFECTIVE DATE.

The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date that the state land planning agency issues a notice of intent to find the plan amendment in compliance. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order

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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.

DULY PASSED AND ADOPTED THIS 27TH DAY OF FEBRUARY, 2018.

ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

BY:_____________________ BY:__________________________CAROLYN TIMMANN EDWARD V. CIAMPI, CHAIRMANCLERK OF THE CIRCUIT COURT AND COMPTROLLER

APPROVED AS TO FORM & LEGAL SUFFICIENCY:

BY:_____________________ SARAH W. WOODS COUNTY ATTORNEY

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- COMPREHENSIVE GROWTH MANAGEMENT PLAN

Chapter 16 ARTS, CULTURE AND HISTORIC PRESERVATION ELEMENT

Martin County, Florida, Comprehensive Plan Page 1

Exhibit A


Adopted: February 20, 1990 By Ordinance No. 373

Amended: October 26, 1993 By Ordinance No. 430

Amended: March 2, 1999 By Ordinance No. 545

Amended: December 16, 2009 By Ordinance No. 855

Section 16.1. Background

Section 16.2. Existing Conditions

Section 16.3. Future Needs

Section 16.4. Goals, Objectives and Policies

Section 16.1. Background

16.1.A. Introduction. Arts, culture and history are vital to the quality of life in Martin County. A Louis Harris study, "Americans and the Arts V," found that over 90 percent of Americans feel strongly that arts such as museums, theater, dance and musical performances "make a community a better place to live." Over 70 percent said the arts "are a positive experience in a troubled world." Over 90 percent felt that "some means should be found to present more performances of music, theater and dance …" A study conducted by Americans for the Arts and Public Affairs of 3,000 American adults (December 2015) found that: 63 percent of the population believe the arts “lift me up beyond everyday experiences,” 64 percent feel the arts give them “pure pleasure to experience and participate in,” and 73 percent say the arts are a “positive experience in a troubled world.” 87 percent believe they are important to quality of life, and 82 percent believe they are important to local businesses and the economy. Arts institutions add value to our communities, regardless of whether people engage with the arts or not, In summary, a large majority of the public not only support the arts but are personally and deeply affected by them.

Other studies have shown that cultural opportunity is a primary consideration in business and corporate relocation decisions. Economic studies have shown the multiplication effect of dollars spent for the arts on other areas, such as tourist development, real estate values, retail sales, employment opportunities and industry expansion.

Historic resources are cultural opportunities that provide visible or tangible records of past human occupation of the land. These resources provide a sense of place, enhance quality of life and establish social continuity through links to the past. Preserving historic structures enhances the environment, the economy and the community.

Nationally, heritage tourism is the second most popular form of tourism. People love to learn about the history of the place they are visiting. In Florida, more than $3.7 billion was spent on heritage tourism in 2000, according to the study Economic Impacts of Historic Preservation in Florida. Every community has a unique history, and preserved structures reflect this character. Communities that respect and retain

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their historic buildings also preserve their unique sense of place. These communities truly stand out, and new development should maintain the scale of the existing community.

Archaeological resources are remnants of the past, such as buildings and neighborhoods. They are typically the only evidence of a history that has left no written record. Archaeological resources are one of a kind; once lost, they can never be regained. Preserving buildings preserves both history and resources - preservation reuses materials that might otherwise take up space in the landfill and conserves the energy that would be used to demolish the old and build the new. Preservation also makes an economic contribution, providing jobs in construction and research.

This element aims to enable Martin County to preserve its artistic heritage and historic resources. Providing opportunities for exposure to art, culture, and history in all forms can help humanize, beautify and refine the lives of residents.

Section 16.2. Existing Conditions

In 2016, the Arts Council of Martin County participated in the Arts and Economic Prosperity 5 (AEP5) study that took place in 300+ communities across the United States of America. This study was completed with the cooperation of the 20 nonprofit arts and cultural organizations in Martin County that provided detailed financial and event attendance information about their organization: Artists For A Cause; Arts Council Of Martin County; Arts Foundation For Martin County; Audubon of Martin County; Barn Theatre; Children's Museum Of The Treasure Coast; Duck in the Truck Puppets; Elliott Museum/The House Of Refuge; Florida Oceanographic Society; Hobe Sound Chamber of Commerce; Jensen Beach Art League; Library Foundation Of Martin County; Lyric Theatre; Martin County Fair; Martin County Library System; Palm City Art Associates; Treasure Coast Community Singers; Treasure Coast Music Teachers Association; Treasure Coast Youth Symphony; and Visionary School of Arts. Additionally, the study could not have been completed without the cooperation of the 723 arts and cultural audience members who generously took the time to complete the audience-intercept survey while attending a performance, event, or exhibit within Martin County during calendar year 2016.

The study found that the nonprofit arts and culture sector is a significant industry in Martin County -one that generates $27.2 million in total economic activity. This spending - $14.3 million by nonprofit arts and cultural organizations and an additional $12.9 million in event-related spending by their audiences -supports 752 full-time equivalent jobs, generates $14.4 million in household income to local residents, and delivers $3 million in local and state government revenue. Further, the sector’s spending by the organizations and its audiences generated $1,015,000 to local government revenues, and another $1,994,000 to state government revenues. This economic impact study sends a strong signal that when we support the arts, we not only enhance our quality of life, but we also invest in Martin County’s economic well-being.

In 2007, the Arts Council of Martin County (a nonprofit arts agency serving the City of Stuart and Martin County) adopted a State of the Arts study conducted by Insights, Inc. and funded by Martin County, the Community Foundation of Palm Beach and Martin Counties, and the National Endowment for the Arts. The study found that the community has a strong interest and commitment to the arts, and it illustrated the value of the arts to the local economy. Martin County ranked highest in per capita arts spending compared to Collier, Indian River, Sarasota and Palm Beach counties.

The State of the Arts pointed to a great need for cultural facilities of all kinds, along with art education and access to the arts by groups such as people with handicaps, senior citizens, people with economic disadvantages and rural residents.

A 1987 Cultural Needs Assessment Study found that cultural needs in Martin County were being met by a wide variety of private cultural organizations. These included the Elliott Museum, House of Refuge, Barn Theatre, Environmental Studies Center, Center for the Arts, Performing Arts Society of Stuart, Martin County Federation for the Fine Arts and the Art Associates of Martin County. More than 20 years later, many of these organizations still serve the community.

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However, tThe State of the Arts found that cultural opportunity was limited by a lack of adequate facilities. Nearly one-third of the arts-related activities in which Martin County residents participated were located outside the County. This represents a significant potential for expanding local arts offerings.

The Martin County Board of County Commissioners has designated the Arts Council as the official local arts agency of Martin County to oversee public art activities. The Council coordinates programs that have increased awareness of the importance of arts, culture and history to the quality of life in Martin County and encourages participation the arts of all forms: performing, literary and visual. These efforts have also facilitated a growing partnership of support and involvement by public, private and corporate entities. The Council's mission is to inspire community passion for the arts and participation in for arts activities in the community. The Council supports programs such as fine art exhibitions in the historic Court House Cultural Center, the annual two-day ArtsFest, First Thursday Gallery Nights and arts education programs for all ages.

Opportunities to participate in the arts have expanded rapidly – after having experienced a decline due to the recession in the mid-2000s - through organizations such as: the Lyric Theater, Historical Society of Martin County, Florida Oceanographic Coastal Center, the Maritime and Yacht Museum, Stuart Heritage, StarStruck Theatre, the Barn Theatre, Treasure Coast Youth Symphony, the Stuart Community Band, and organizations of individual artists such as Martin County Art Associates, Palm City Art Associates and the Hobe Sound Fine Art League.

In 1997, Martin County conducted an architectural survey, identifying around 850 properties with some architectural or historical significance. In 2003, the Board of County Commissioners established a historic preservation ordinance and appointed a Historic Preservation Board to advise the BCC on implementing the ordinance. The Historic Preservation Board consists of persons selected by the BCC whose members and number are defined by ordinance. The Historic Preservation Board has created the Local Register of Historic Places, with eight properties registered as of 2009. Each property receives a plaque to be placed on the structure identifying its historic or archeological significance.

In summary, the desire for arts, cultural and historic preservation opportunities and the economic importance of such opportunities have been well established. Martin County has the audience, interest, organizations and talent available to implement cultural/historic development for the benefit of the entire community.

Section 16.3. Future Needs

To ensure that arts and cultural resources are available and accessible to all the citizens of Martin County, arts planning should address performing arts facilities, visual arts facilities, art in public places and educational opportunities for citizens and visitors of all ages. The arts are a vehicle to mobilize and unify communities for a purpose, across generations and across cultures.

Existing arts facilities have been identified as insufficient, so planning for additional futurepopulations must certainly address expansion of facilities and opportunities. By the end of 2010 at least three new museums will be open to the public: the newly renovated Elliott Museum, Treasure Coast Children's Museum and Maritime Museum. To serve additional growth in the community, participants in the State of the Arts study indicated they were most likely to support a new or enhanced multipurpose arts and cultural center, a performing arts center or simply and expanded program offerings at existing facilities.

The State of the Arts also found that in planning for arts and culture Martin County should (1) embrace thematic tourism focusing on arts and cultural attractions and amenities; (2) invest in arts education; (3) recognize that attracting the arts brings people together; and (4) support community activism to bring in additional revenues for beautification and to provide a vibrant community spirit. The County's active role in achieving these goals is vital to their success.

To continue to promote the preservation of historic properties, and given the volatility of property values in the area, the County should explore opportunities to relocate properties when demolition is

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imminent. This could possibly lead to designation of a historic village. The long-term strategy should also address opportunities to make historic preservation of privately owned structures and sites more economically attractive.

Section 16.4. Goals, Objectives and Policies

Goal 16.1. To ensure the availability of arts opportunities and information about cultural resources to the citizens of Martin County.

Objective 16.1A. To increase public awareness of and participation in arts and cultural programs available in Martin County.

Policy 16.1A.1. Designation of agency for the arts. Martin County shall designate the Arts Council to serve as the local agency for the arts to support mutual arts-related goals. Other organizations shall be incorporated in this umbrella council.

Policy 16.1A.2. Dissemination of arts information. The County shall assist the Arts Council to disseminate information about the arts by making this information available at government facilities and in public awareness programs such as MCTV, the County web site and other available resources.

Policy 16.1A.3. Encouragement of arts partnerships. The County shall encourage and assist in public/private partnerships that provide arts and cultural programs for the population of Martin County. This assistance could include establishment, construction and operation of a cultural and performing arts center and festivals.

Objective 16.1B. To promote the availability of art, culture and history for the residents of Martin County through the use of public buildings and properties.

Policy 16.1B.1. Percent for Art Ordinance. The Percent for Art Ordinance authorizes allocation of funds for the following:

(1) Purchase of artworks for display in public areas of County buildings or property;

(2) Purchase of artworks for display in public parks and other appropriate public lands;

(3) Architectural enhancements of artistic merit for appropriate public buildings (such as fountains, arches, display areas);

(4) Maintenance of such works and areas belonging to the County.

Policy 16.1B.2. Art in public places. The County shall make provisions for a comprehensive program of art in public places, which shall include the display of loaned and donated art in appropriate public buildings in consultation with the Education Foundation of Martin County, the Arts Council of Martin County, as well as other local arts organizations, shall develop an Art in Public Places Five-Year Plan in accordance with the Public Art Master Plan.

Policy 16.1B.3. Arts Council's role regarding art in public places. The Arts Council shall assist the County in identifying opportunities to implement a comprehensive Art in Public Places Program and in implementing related ordinances as long as funding is allocated to support this effort. The Public Art Site Selection Committee shall have the duty and responsibility to review the Public Art Master Plan and the Art in Public Places Five-Year Plan for review and approval by the Board of County Commissioners.

Policy 16.1B.4. Arts Council's role regarding art in new public buildings. The Arts Council shall participate during the development review phase of new public buildings, libraries, civic centers,

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auditoriums and other potential arts and cultural facilities to assist in identifying and creating opportunities for art and cultural resources for the community. Martin County staff shall develop a Public Art Master Plan in consultation with the Education Foundation of Martin County, the Arts Council of Martin County, as well as other arts organizations and the Public Art Site Selection Committee, subject to approval by the Board of County Commissioners before its utilization by the Public Art Site Selection Committee.

Policy 16.1B.5. County arts liaison. The County shall designate a staff person to work as liaison and to assist the Arts Council and the Public Art Site Selection Committee Art in Public Places Committee which oversees the Art in Public Places Five-Year Plan Program in accomplishing the policies of this element.

Policy 16.1B.6. Inventory of public art. The County shall make provisions for maintaining an inventory of its public art collections as the number of pieces in the collections grows.

Policy 16.1B.7. Percentage of construction funds for art. After reviewing other municipalities' programs requiring private developers to install public art, the County shall consider adopting an ordinance that requires developers to allocate a percentage of construction or renovation funds for the purchase of public art.

Goal 16.2. To encourage the development of privately operated arts and cultural programs and facilities that will increase arts and cultural opportunities for the citizens of Martin County.

Objective 16.2A. To increase the facilities available for arts and cultural purposes throughout Martin County.

Policy 16.2A.1. Development of cultural/performing arts center. The County shall assist in developing a cultural and performing arts center and other facilities as they come to be needed. This may include assistance with location, zoning, grants, interlocal agreements, public/private partnerships and financing options.

Policy 16.2A.2. Arts in appropriate zoning classifications. No later than 2015, Martin County shall amend the Land Development Regulations to include arts facilities in all commercial zoning classifications.

Goal 16.3. To endeavor to identify funding sources and allocate funding to promote art, culture and history in the community, aimed at enhancing the quality of life and the economic base of business, tourism and manufacturing.

Objective 16.3A. To foster economic growth through greater availability of cultural, arts and similar community-supported facilities and programs.

Policy 16.3A.1. Use of Tourism Development Tax for arts. The County shall support the development or renovation of arts and cultural facilities and an arts and cultural marketing plan through the Tourism Development Tax, as amended in 2008.

Policy 16.3A.2. Funding mechanisms for arts. The County shall consider other funding mechanisms that allow for the continued growth and influence of the arts, culture and history sector, recognizing its positive impact on the quality of life. The County shall support the efforts of nonprofit organizations such as the Arts Council to apply for grants to support public education programs, capital projects and special programming opportunities.

Policy 16.3A.3. Impact fees for arts. Whenever the impact fee process is being reviewed, the County shall consider the inclusion of impact fees or impact fee credits for arts facilities.

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Goal 16.4. To encourage and facilitate interlocal agreements to maximize use of revenues and cultural opportunities.

Objective 16.4A. To encourage and enter into interlocal agreements with other governmental entities when such agreements would result in unusual and/or outstanding cultural opportunities for the County.

Policy 16.4A.1. Support to cooperative arts ventures. Martin County shall collaborate with and support the Arts Council's involvement in cooperative ventures in the region, such as the South Florida Cultural Consortium to bring outside cultural funds and/or opportunities to the County.

Policy 16.4A.2. Arts curricula. Martin County shall encourage the development of arts curricula that offer elementary, middle, and secondary school students the opportunity to become knowledgeable in the arts. These curricula could include after-school and summer artsprograms, workshops and performance settings dealing with the arts that may use appropriate County properties.

Policy 16.4A.3. Education planning and performing arts. As part of education planning, Martin County shall encourage the inclusion of theatres and auditoriums in future educational facilities or the use of interlocal agreements for shared participation in a community cultural or performing arts center.

Policy 16.4A.4. Environmental art. Martin County should work with the Arts Council to create artist fellowships, residencies and develop cultural programs at museums and parks that foster environmental art practices.

Policy 16.4A.5. Collaborative partnerships. Martin County should encourage collaborative partnerships with the Martin County School District, environmental advocacy groups and the Arts Council to bring environmental artists and scientists into local schools, to inspire American students to become more excited about the study of science and learn about energy efficiency and green design.

Goal 16.5. To protect historical resources in the County.

Policy 16.5.1. Dissemination of information on local history. The County shall assist the Historical Society of Martin County in disseminating information about local history and its preservation by making this information available at government facilities and assisting in public awareness programs.

Objective 16.5A. To establish procedures in the Land Development Regulations to ensure that all public and private development and redevelopment proposals, including those for infrastructure, are reviewed for their impact on historic resources. These procedures shall ensure that, at a minimum:

a. Historic resources are defined as those listed in the National Register of Historic Places, the Historic Architectural Survey of Martin County, Florida, the Florida Master Site File and the Local Register of Historic Places, as well as future inventories; and

b. If a determination is made that there will be a potentially negative impact to a historic resource, the County will notify the Division of Historical Resources of the Florida Department of State; and

c. Every effort will be taken during the review process to preserve the resource. Where preservation is not a feasible alternative the following options shall be pursued: the resource will either be relocated, or information regarding the resource will be documented; or elements of the resource will be salvaged for further study.

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Objective 16.5B. To ensure, through procedures in the Land Development Regulations that all public and private development and redevelopment activities, including those for infrastructure, shall temporarily cease when historic, archaeological or paleontological artifacts and resources are discovered to allow for an evaluation of significance. These procedures shall ensure that, at a minimum:

a. Immediately upon discovery of the artifact or resource, notification will be given to the Division of Historical Resources of the Florida Department of State; and

b. Ground-disturbing activities will be suspended within 20 feet of the discovery for up to 30 days from the date of notification to allow for an initial evaluation of significance. If the resource is found to be potentially significant, activities will be further suspended for up to an additional 30 days to allow for further evaluation. Ground-disturbing activities will be undertaken with caution in the surrounding area. Efforts will be taken to evaluate the site in a timely and reasonable manner; and

c. Where the discovery is determined to be significant, every effort will be taken to preserve the resource. Where preservation is not a feasible alternative the following options shall be pursued: the resource will either be relocated, or information regarding the resource will be documented; or elements of the resource will be salvaged for further study, at public expense.

Objective 16.5C. To update the Martin County Land Development Regulations as required to remain in compliance with the state law regarding historic preservation. At a minimum, the historic preservation component of the Land Development Regulations shall:

a. Provide protection for resources determined to have local historic significance;

b. Outline standards for identifying and evaluating historic resources;

c. Use the Standards for Rehabilitation established by the U.S. Department of the Interior in reviewing alterations to historic buildings; and

d. Encourage rehabilitation and adaptive reuse of historic properties through incentives and regulate activities that would harm or destroy the historic value of such resources.

Objective 16.5D. To aid and cooperate with the Treasure Coast Regional Planning Council, Historical Society of Martin County, and other groups interested in historic preservation in identifying and mapping significant historical, archaeological, and paleontological resources in the County.

Policy 16.5D.1. Access to historic resources. Access to these resources shall be evaluated, and increased when appropriate, for scientific, educational, and recreational purposes.

Policy 16.5D.2. Acquisition of historic resources. Historic resources and their environments or sites shall be included in public acquisition programs for recreation, open space, and conservation areas that, at a minimum:

(1) Ensure that development or activities planned for such sites are passive in nature and do not endanger the integrity or character of the resource; and

(2) Encourage the incorporation of these sites into educational programs.

Policy 16.5D.3. Preservation of historic sites. Development proposals on or near such sites shall be required to preserve these areas or buffer zones adjacent to them.

Objective 16.5E. To encourage the conservation and rehabilitation of housing that is historically significant or has the potential to be.

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Policy 16.5E.1. Identification of historic housing conservation programs. Martin County shall continue to identify programs for the conservation and rehabilitation of historically significant housing.

Policy 16.5E.2. Adoption of historic resources inventory. Martin County shall adopt the Historic Architectural Survey of Martin County, Florida, June 1997 as the official inventory of historic architecture, and shall update this inventory at least once every seven years. This survey shall include all identified historic resources in the Florida Master Site File. Historic structures may be protected by the historic preservation component of the Land Development Regulations.

Policy 16.5E.3. Assistance to historic preservation groups. The County shall assist the Historical Society of Martin County and other historic preservation groups to provide the public with relevant information and technical assistance. County assistance shall consist of an ongoing program that provides information on developing and implementing the historic preservation component of the Land Development Regulations and on rehabilitation and adaptive reuse.

Policy 16.5E.4. Mitigation measures. Martin County shall investigate various techniques to avoid, minimize or mitigate adverse impacts on historic resources in the County. These techniques shall include establishing conservation easements, protective covenants and local historic designations. Mitigation may include other measures to assure preservation of significant elements of the resources disturbed. These could include transfer to a public or nonprofit agency contribution to a special fund dedicated to historic preservation or architectural salvage, or HABS (Historic American Building Survey) documentation. Priority shall be given to methods that lead to saving an intact resource on site or, if not feasible, off site.

Policy 16.5E.5. Relocation options. Martin County shall collaborate with the Historical Society and other groups interested in historic preservation to evaluate the availability, feasibility, demand for and need to relocate historic homes for which preservation on the original site is not an option and for which relocation would prevent demolition.

Objective 16.5F. To prevent loss of historic resources on County-owned property and to ensure protection, preservation or adaptive reuse of historic resources on private property.

Policy 16.5F.1. Procedures in the Land Development Code. The Land Development Regulations shall establish procedures that require review of all public and private development and redevelopment proposals to determine their impact on historic resources.

Policy 16.5F.2. Site plan review to protect historic resources. Applicants for site plan review shall consult the Florida Master Site File, maintained by the Florida Department of State, Division of Historical Resources and the Local Register of Historic Places to determine if the proposed project will affect historic or archaeological resources. These findings shall then be submitted to the Growth Management Department as part of the development and site plan review procedure.

Policy 16.5F.3. Setback requirements for historic sites. Historic and archaeological sites shall be incorporated into required setbacks, buffer strips or open spaces up to the maximum area required by the Land Development Regulations. The County shall consider the feasibility of establishing waivers for non-safety related setback requirements and site planning requirements to accommodate historic structures or sites in a proposed development.

Policy 16.5F.4. Historic site preservation alternatives. As an alternative to preserving historic or archaeological sites, the owner may allow excavation of the site prior to development. If a site is scientifically excavated, development may proceed without preservation of the site.

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Policy 16.5F.5. Notification of discovery of historic resources. If any historic or archaeological resources are discovered during land development activity, the activity shall be halted immediately in that area and the Martin County Growth Management Department and Florida Department of State Division of Historical Resources shall be notified. The resources shall be properly protected to the satisfaction of both agencies through preservation or excavation by qualified scientists.

Objective 16.5G. To identify, evaluate, document and promote the protection of Martin County's prehistoric and historic resources.

Policy 16.5G.1. Records management. Martin County shall establish a public access depository for archival materials relating to prehistoric and historic resources. This depository shall include photographs, oral histories and files on properties listed on the National Register of Historic Places and the Local Register of Historic Places.

Policy 16.5G.2. Nomination of eligible County resources. Martin County shall nominate County-owned archaeological and historical resources to the Local and/or National Register of Historic Places when appropriate.

Policy 16.5G.3. Encouragement of private participation. Martin County shall encourage the nomination of eligible privately owned archaeological and historical resources to the Local and/or National Register of Historic Places by assisting the private sector in the nomination process.

Policy 16.5G.4. Incentives. Martin County shall explore the possibility of providing incentives for private property owners to pursue historic designations for their properties, sites and structures.

Policy 16.5G.5. Management of historic sites. Martin County shall consult with appropriate experts/agencies in the preservation and management of prehistoric and historic sites owned by the County (such as Indian middens, House of Refuge, Jensen/Stuart Welcome Arch, Leach Mansion, Golden Gate building and Sewall's Point Post Office) as well as those sites purchased by the County in the future.

Policy 16.5G.6. Aid for grant applications. Martin County shall support the efforts of nonprofit organizations such as the Historical Society of Martin County to apply for grant funding to conduct a feasibility study to establish the need for a historic village and to create a master plan for its eventual location and potential uses.

Objective 16.5H. To encourage expansion of educational and public outreach programs to promote an understanding of and appreciation for Martin County's history and protection of its historical resources.

Policy 16.5H.1. Volunteer program. Martin County shall support the efforts of nonprofit organizations such as the Historical Society of Martin County to engage and expand a staff of supervised volunteers.

Policy 16.5H.2. Public education. Martin County shall support the efforts of nonprofit organizations such as the Historical Society of Martin County in educating the public about Martin County's unique and diverse heritage. This shall take place through the media, publications, lectures, exhibits and Internet presence. This effort shall serve to promote preservation and tourism and strengthen the local economy.

Policy 16.5H.3. Support for funding applications. Martin County shall support the efforts of nonprofit organizations such as the Historical Society of Martin County to apply for grant funding to support public education programs as outlined in Policy 16.5H.2.

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Ordinance No. 1022

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Minutes of Meetings

CPA #17-E16

Chapter 16, Arts, Culture and Historic Preservation Element

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LOCAL PLANNING AGENCY MEETING

Martin County Commissioner Chambers2401 S.E. Monterey Road

Stuart, Florida 34996

MEETING MINUTES- August 3, 2017

Present:

Chairman……………………………………………………………………………… Jim MoirVice Chairperson ………………………………………………………………… Cindy HallAgency Members…………………………………………………………………Joseph Banfi……………………………………………………………………………………………... Don Foley, III……………………………………………………………………………………………… Scott Watson

Martin County School Board Liaison………………………………… ………. Kimberly Ever

Staff Present:Growth Management Department:Department Director …………………………………………………………….Nicki van VonnoComprehensive Planning Compliance Administrator…………… Clyde DulinSenior Planner ……………………………………………………………………… Richard LawtonSr. Assistant County Attorney……………………………………………… Krista StoreyAgency Recorder……………………………………………………………………Mary Holleran

1. CALL TO ORDER

The meeting was called to order at 7:00 p.m., by Mr. Moir, Chairman. A quorum was noted.

2. CONSENT AGENDA

A. Approval of Consent Agenda and Minutes of the LPA meeting of July 20, 2017

* MOTION – MOVED by Mr. Banfi to approve the Consent Agenda and Minutes of the LPA meeting of July 20, 2017.

** SECONDED by Mr. Watson Carried UNANIMOUSLY

3. UNFINISHED BUSINESS

A. Public Hearings

1. NoneB. Requests and Presentations – None

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LocalPlanningAgencyMeeting- Minutes–August3,2017

2

4. NEW BUSINESS

A. Public Hearings

1. Comprehensive Plan Amendment 17-E3, Intergovernmental Coordination - A proposed text amendment to Chapter 3, Intergovernmental Coordination Element of the Comprehensive Growth Management Plan, Martin County Code, based on the 2017 Evaluation and Appraisal Report (EAR). Staff ReportRequested by: Nicki van Vonno, AICP, Growth Management Department DirectorPresented by: Richard Lawton, Senior Planner, Growth Management Department.

Mr. Lawton reviewed the text amendment to Chapter 17-E3, the Intergovernmental Coordination Element of the CGMP. He reviewed the Executive Summary and noted only minor changes were proposed for Chapter 3. No major policy changes are being proposed, changes in State Statute will require only one change, and a staff analysis of policies has identified only minor changes in Chapter 3. He noted a reference to the Department of Opportunity, f/k/a the Department of Community Affairs. A minor change was made to the effective date of the Water Supply Plan.

Policy 3.1D.5 reflected a change to informal mediation to resolve conflicts, amending the dispute resolution policy to be more consistent with what is intended in the State Statute and deleting a duplication of policy language.

Staff recommended approval of the proposed changes to Chapter 3.

LPA Comments:

Mr. Moir questioned if the change to the dispute resolution policy had any affect on the way the public interacts with Martin County. Mr. Lawton believed it did not.

Public Comments: - None

* MOTION – MOVED by Ms. Hall to accept staff’s recommendation of approval for the proposed text amendment to Chapter 3, Intergovernmental Coordination Element of the CGMP, Martin County Code, based on the 2017 EAR.

** SECONDED by Mr. Foley Carried UNANIMOUSLY

2. Comprehensive Plan Amendment 17-E7, Recreation - A proposed text amendment to Chapter 7, Recreation Element of the

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Comprehensive Growth Management Plan, Martin Code based on the 2017 Evaluation and Appraisal Report (EAR). Staff ReportRequested by: Nicki van Vonno, AICP, Growth Management Department DirectorPresented by: Richard Lawton, Sr. Planner, Growth Management Department

Mr. Lawton reviewed the text amendment to Chapter 7, Recreation Element of the CGMP to implement the recommended changes of the adopted EAR. Minor text changes and the removal of the Parks inventories (recommended by the Parks and Recreation Advisory Board) were reviewed. A matrix summarizing the work on this chapter was provided. Staff recommended approval of the text changes to Chapter 7.

LPA Comments:

Mr. Moir thought the Parks Inventories list should remain as it clearly shows where the parks are located and it’s a good idea to keep that information available.

Mr. Lawton commented that the information was outdated, inaccurate and at least 8 years old.

Public Comment: - None.

* MOTION – MOVED by Ms. Hall to accept staff’s recommendation of the textchanges proposed for Chapter 7, the Recreation Element of the CGMP, Martin County Code, based on the 2017 EAR.

** SECONDED by Mr. Banfi Carried UNANIMOUSLY

3. Comprehensive Plan Amendment 17-E8, Coastal Management- -A proposed text amendment to Chapter 8, Coastal Management Element of the Comprehensive Growth Management Plan, Martin County Code, based on the 2017 Evaluation and Appraisal Report (EAR). Staff ReportRequested by: Nicki van Vonno, AICP, Growth Management Department DirectorPresented by: Richard Lawton, Senior Planner, Growth Management Department

Mr. Lawton reviewed the proposed text amendment to Chapter 8, Coastal Management Element of the CGMP and noted there were a number of changes that included changes to the State Statute that have to be added to the Coastal Element. An addendum was provided that removed and added text, to be reviewed concurrently with staff report. New categories were proposed and a Map of Martin County Hurricane Evacuation Zones was

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provided (staff report p.1/3). Emergency Management introduced new storm warnings for categories A through E for evacuation and new categories for storm surge. State Statute is still using categories #1 through #5 for hurricanes. The updated tables reflect new classifications and the vulnerable populations for evacuation.

LPA Comments:Mr. Moir: Limiting the blue-green algae issues need to have a good gradient and add an appropriate antidote with oysters an seagrasses, and we need to go as far out as we can. He suggested a policy to protect the Estuary from pollutants, and toxic algae bloom, and commented that we need to address sea level rise and its impact on inundated areas.

Mr. Lawton reviewed the Addendum provided for this Chapter, and reviewed and clarified the changes. He noted reviewed old text that was updated and replaced.

Mr. Dulin added that (staff report pg. 26/27) were condensed in 8.2A.1 and that the Coastal high hazard area/VE Zone was referenced to State Statute and new building/development will have to comply with both.

Mr. Foley questioned why Turtle Creek was not shown on the map. Mr. Lawton indicated that area was not affected by tidal surge, but by heavy rains. He suggested the Map could be revised and Storm surge could be included.

Mr. Watson addressed the word “subsidize” in 8.2A.1, and asked for a definition, how it was used and if it affected property rights. Ms. van Vonno indicated it did not encourage people to live in the coastal high hazard areasand the word could be changed.

Mr. Banfi suggested removing the word subsidize and delete the rest of the sentence. It would then read: ”To limit public expenditures in the designated coastal high-hazard area to necessary public services.” The LPA agreed.

Mr. Banfi addressed (pg.14) (g) and recommended the following: A PAMP shall not be required for publicly owned property (changed from County owned property).Mr. Moir asked what to do about adding and creating a larger buffer shoreline Protection Zone if the sea level rises. He mentioned adding more reference to Best Management Practices.

Mr. Dulin noted that staff was focusing on both state and Statutory requirements, including living shore lines and sea level rise.

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Mr. Lawton reviewed that Staff recommended approval of the text changes to Chapter 8 of the CGMP as proposed, with the changes that the LPA proposed and the changes proposed in the Addendum provided, also with the adoption of the updated Figure 8-5 and with the addition of the new figure for the Martin County Evacuation Zones.

Public Comment: Alex Gillen, Attorney, Bull Sugar, commented on algae warnings, how samples were taken, what areas should be included, and the need for warnings and notification to people, and to request samples. He spoke of endangered species indicating there is no critical habitat listed for the South Fork of the St. Lucie River. Mr. Gillen thought we should be prepared to list species and identify the habitat location.

Discussion followed Mr. Gillen’s comments. Ms. van Vonno suggested the comments could be included in the Conservation Main Element. Further language to be included was brought forth. Ms. Storey asked that staff review the Addendum changes and revisions that were confusing.

Mr. Banfi commented that numerous pages were difficult to follow and asked that staff provide clarity and specify page numbers, item numbers andindicate if they are reviewing the document or the agenda packet.

Ms. Storey questioned the intent of the LPA to incorporate Mr. Gillen’s comments as staff’s recommendation. Mr. Dulin said they could be included as public comments that were presented and considered at the LPA meeting of 8-3-2017.

* MOTION – MOVED by Mr. Watson to accept staff’s recommendation of approval of the text changes proposed for Chapter 8, Coastal Management Element of the CGMP and to accept Staff’s ability and decision to integrate the LPA’s comments, recommendations, and proposed changes in the Addendum and revisions to the Map. Public comments should be dealt with and taken up at a different time and in a different manner.

** SECONDED by Ms. Hall Carried UNANIMOUSLY

4. Comprehensive Plan Amendment 17-E16, Arts, Culture and Historic Preservation– A proposed text amendment to Chapter 16, the Arts, Culture and Historic Preservation Element of the Comprehensive Growth Management Plan, Martin County Code, based on the 2017 Evaluation and Appraisal Report (EAR). Staff ReportRequested by: Nicki van Vonno, AICP, Growth Management Department DirectorPresented by: Richard Lawton, Sr. Planner, Growth Management Department

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Mr. Lawton reviewed the text amendment to Chapter 17-E16, Arts Culture and Historic Preservation Element of the CGMP and indicated that numerus changes were proposed and fall into two categories: 1) the introductory dialog and policies of the Chapter proposed by the Arts Council of Martin County, and 2) Changes to implement Ordinance 1022 for new rules relating to the Public Art Advisory Board, Public Art Master Plan, and Public Art Site Selection Committee. The Issues and the proposed changes to the Chapter were reviewed.

Staff recommended approval to the changes made to Chapter 16.

Ms. Storey referred to Policy 16.1B.4 and recommended deletion of the “Department of Administration” from the first paragraph (pg. 5). Ms. van Vonno suggested that “Martin County shall develop a Public Art Master Plan”

Mr. Moir commented on including language means less work in the future.

Ms. Storey noted that public comment had been provided to the LPA.

* MOTION – MOVED by Mr. Watson to accept staff’s recommendation to approve the proposed text amendment made at this time to Chapter 16, Arts, Culture and Historic Preservation Element of the CGMP, Martin County Code based on the 2017 EAR.

** SECONDED by Ms. Hall Carried UNANIMOUSLY

Public Comment:

Alex Gillen, Attorney, Bull Sugar provided a statement he read into the record concerning the importance of Martin County supporting Bill SB 10 to take care of the Estuary and to not send water to the St. Lucie River. He indicated this was discussed at the last meeting to include the support of Martin County and that would send a great signal to the State that we care. *Statement is attached.

Mr. Moir said it was in line with Martin County’s plans and regulations and he saw no down side.

Mr. Dulin commented that they can go back and incorporate a reference to the language but he did not favor including specific language to a Senate Bill that may be amended 7 years in the future. They can look at the language as they go forward to the Board.

Mr. Watson agreed with Mr. Dulin. Further discussion ensued on funding appropriation that might change to the County, and that the language is agreeable but should not go into the CGMP.

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* MOTION – MADE by Mr. Moir (who passed the gavel) who said that the LPAsupports the commitment to SB 10 and the State Statute reference # (not available) and be located in those areas in the CGMP that referenced CERP and SEP, the IRL Plan and all other elements of the South Florida Management Plans are included. SB 10 deserves a place beside those other elements.

Mr. Foley confirmed they were accepting reference and support to SB 10, and not approving the document.

** SECONDED – by Mr. Foley Carried – 4-1 Mr. Watson opposed.

B. Requests and Presentations

1. None

5. COMMENTS

A. Public – None

B. Members - None

C. Staff –The next LPA meeting date is on Thursday, August 17, 2017 a 7:00 pm.

6. ADJOURN

There was no further business. The meeting was adjourned at 9:50 pm.

Recorded and Prepared by: Approved by:

_APPROVED__________________ ______________________Mary F. Holleran, Agency Recorder Jim Moir, Chairman

Date: ___AUGUST 17, 2017______

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http://martin.granicus.com/MinutesViewer.php?view_id=24&clip_id=3607[1/26/2018 11:38:39 AM]

THE MINUTES OF THE MEETING MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

HELD IN THE MARTIN COUNTY ADMINISTRATIVE CENTER 2401 SE MONTEREY ROAD

STUART, FLORIDA 34996

October 24, 2017

1. CALL TO ORDER

THOSE PRESENT:Doug Smith, Chairman Edward Ciampi, Vice Chair Ed Fielding, Commissioner Sarah Heard, Commissioner Harold Jenkins, Commissioner

ALSO PRESENT:Taryn Kryzda, County Administrator Sarah Woods, County Attorney M.K. Vettel, Deputy Clerk .

A. INVOCATION - Moment of Silence

B. PLEDGE OF ALLEGIANCE

C. APPROVAL OF AGENDA

Motion: Move agenda as proposed by Chair [approve agenda (with additional items 2C, 4D1, 6U,and 8B2) and consent agenda (no pulls)]. Moved by Ed Fielding, Commissioner, seconded byHarold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL

2. PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS

A. PRESENT PROCLAMATIONS PREVIOUSLY APPROVED VIA THE CONSENT AGENDA AGENDAITEM: 808f06c7

Special Projects Coordinator Laura Beaupre introduced the proclamations.

Veterans Service Officer Tom Smith accepted the proclamation for Veterans Day.

Margy Swaney accepted the proclamation for Bible Reading Week.

B. PRESENT AN AWARD OF RECOGNITION AND APPRECIATION TO HAROLD MARKEY UPON THEOCCASION OF HIS RETIREMENT FROM SERVICE WITH THE MARTIN COUNTY BOARD OFCOUNTY COMMISSIONERS AGENDA ITEM: 80908a1e

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County Administrator Taryn Kryzda spoke about Mr. Markey's career with the County. General ServicesDirector Harold Markey accepted his award and thanked his staff and all the people he worked with overthe years.

C. ADOPT AND PRESENT A PROCLAMATION DECLARING BREAST CANCER AWARENESS INMARTIN COUNTY, FLORIDA AGENDA ITEM: 8091065e

Motion: Accept this proclamation. Moved by Edward Ciampi, Vice Chair, seconded by HaroldJenkins, Commissioner. Motion carried unanimously. AYES: ALL

Special Projects Coordinator Laura Beaupre introduced the proclamation.

Karen Aiello (American Cancer Society) accepted the proclamation for Breast Cancer Awareness.

3. COMMENTS

A. PUBLIC (AM)

The following members of the public addressed the Board regarding the proposed EAR-based Comp PlanAmendments: Louise Cunha, Raymond Miller, Jackie Trancynger, Gayla Tanner, Donna Melzer, PamHopkins, Barbara Birdsey, Jane Landrum, Bridgit Kirouac, Jon Page, Carol Ann Leonard, Barry Ginsburg,Arthur Deschane, Alex Gillen, Wilfredo Montes, Bob Gordon, Mike Conner, Joan Bausch, Daina Karol,Virginia Sherlock, Myra Galoci, Dr. Mary Starzinski, Mary Vaux, Mary Higgins, Janet Tuffy, Cristina de laVega, and Shannon Melzer.

Treasured Lands Foundation Executive Director Chuck Barrowclough asked the Board to hold up theprovisions of the Comp Plan that make Martin County such a unique place. He also spoke in support ofthe Hamm Parcel purchase.

Saadia Tsaftarides and Julie Preast presented a plaque to Chairman Doug Smith for theCounty's support in protecting the historic Golden Gate Building. The building has been placed on theNational Register of Historic Places.

B. COMMISSIONERS

Commissioner Ciampi informed the Board that he would be allocating $5,000 in grants to some Palm Cityschools. He also announced two upcoming events: The Making Strides Against Breast Cancer Walk andThe Palm City Fall Fest.

Commissioner Fielding spoke about the new DEP rules regarding how they determine levels of toxicityand suggested the Board, as an intervener, oppose those rule changes (County Attorney Sarah Woodswill look into the issue and provide a memo to the Board). He also suggested that the Board ask thelegislature to change the public information request rules so that there are not awards of legal fees.

C. COUNTY ADMINISTRATOR

County Administrator Taryn Kryzda informed the Board that the continuance of the Interlocal Agreementwith Fire Rescue and the City of Stuart will be on the next agenda. She asked the Board if they wantedto send a resolution to the legislative delegation regarding Hobe Sound's incorporation efforts.

Motion: Craft a resolution that would support the right of the residents [of Hobe Sound] to vote forincorporation. Moved by Edward Ciampi, Vice Chair, seconded by Harold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL

4. CONSENT

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BCC Meeting


A. Clerk of the Circuit Court

1. October 10, 2017 BCC Regular Meeting Minutes.

This item was approved by the first motion of the meeting.

B. Department of Administration

1. CONTRACTS THAT MEET THE THRESHOLD FOR BOARD APPROVAL AGENDA ITEM:808d70c1 - None at this time

2. NOTED ITEMS Noted items are documents for the Board’s information that must be a part of therecord but do not require any action. AGENDA ITEM: 808d70c4


RECOMMENDATION: Note these items on the agenda that were obtained from CommissionRecords on October 9, 2017.

3. ADOPT A PROCLAMATION DECLARING FARM-CITY WEEK IN MARTIN COUNTY, FLORIDA AGENDA ITEM: 80862027


RECOMMENDATION: Adopt the proclamation.

4. ADOPT A PROCLAMATION COMMENDING DONALD W. ZIMMERMAN III UPON THEOCCASION OF ACHIEVING THE RANK OF EAGLE SCOUT AGENDA ITEM: 80908c25



5. ADOPT A PROCLAMATION DECLARING NOVEMBER 2017 AS ALZHEIMER’S DISEASEAWARENESS MONTH IN MARTIN COUNTY, FLORIDA AGENDA ITEM: 809095ed



C. Building

1. REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDERREGARDING THE CODE ENFORCEMENT CASE OF MICHELE ANNE KIEFER TR ESTATE Pursuant to the provisions of Section1.98.B, General Ordinance, Martin County Code, the Board isasked to consider approval of a Fine Reduction Stipulation and Agreed Recommended Orderregarding the Code Enforcement case of Michele Anne Kiefer TR Estate (Mark Odeen is thecurrent owner of this property). AGENDA ITEM: 808fb38b


RECOMMENDATION: Accept the magistrate's recommendation that the lien on the property bereduced to $6,887.50 and accepted as full payment.

D. Engineering

1. TEMPORARY CLOSURE OF SE WILLOUGHBY BOULEVARD FOR THE MARTIN COUNTYSHERIFF’S TRUNK OR TREAT EVENT The Sheriff’s Office is requesting closure of a portion of37 of 49

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SE Willoughby Boulevard from SE Runhke Street to just south of SR-714 (SE Monterey Road) onOctober 31, 2017 from 4:00 PM to 10:00 PM for a special event. AGENDA ITEM: 8090f5aa


RECOMMENDATION: Approve the closure of SE Willoughby Boulevard on October 31, 2017 from4:00 p.m. to 10:00 p.m. for a "Trunk or Treat" special event.

5. BOARD AND COMMITTEE APPOINTMENTS - None at this time.

6. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REGARDING SALE OFALCOHOLIC BEVERAGES The Board is requested to amend Chapter 5, General Ordinances,Martin County Code related to regulating the sale of alcohol, particularly as it pertains to Countyfacilities. AGENDA ITEM: 80905d66 ORDINANCE NO. 1034

Parks & Recreation Director Kevin Abbate, Recreation Administrator Katya Lysak, and Assistant CountyAttorney Elizabeth Lenihan presented the item to the Board.

Chairman Smith solicited public comment; none was heard.

Motion: Accept staff's recommendation. Moved by Edward Ciampi, Vice Chair, seconded by HaroldJenkins, Commissioner. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Adopt the ordinance as presented.

B. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REGARDING BEACHES, PARKSAND RECREATION AND CONSERVATION LANDS In 2015, the Board directed staff to makechanges to Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code. Minor updates have been made to Chapter 17 of the Code since that time, but the Board is nowasked to adopt amendments throughout the entirety of Chapter 17 of the Code to fully meet theneeds of the community and the Parks and Recreation Department. AGENDA ITEM: 80905c7b ORDINANCE NO. 1035

Parks & Recreation Director Kevin Abbate, Recreation Administrator Katya Lysak, and Assistant CountyAttorney Elizabeth Lenihan presented the item to the Board.


The following members of the public addressed the Board on this item: Helen McBride and Cristina de laVega.


RECOMMENDATION: Adopt the ordinance.

C. PUBLIC HEARING TO CONSIDER APPROVAL OF A COMPLIANCE AGREEMENT TO SETTLE DOAHCASE NO. 17-4860GM RELATING TO COMPREHENSIVE PLAN AMENDMENT 17-6, COVE ROYAL(ORDINANCE NO. 1029) Comprehensive Plan Amendment 17-06, Cove Royale Future Land UseMap (FLUM) amendment was adopted via Ordinance 1029 on July 25, 2017 and was challenged inDOAH Case No. 17-4680GM by Lisa Ares, who asserted there was a deficiency in the notice ofpublic hearing which the applicant was required to send to surrounding property owners. Theproposed Compliance Agreement establishes a process to resolve the challenge amicably andwithout the expense and delay of litigation. AGENDA ITEM: 809003ec

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Senior Assistant County Attorney Krista Storey and Growth Management Director Nicki van Vonnopresented the item to the Board.



RECOMMENDATION: Approve the compliance agreement.

D. GROVE CLUB MAJOR FINAL SITE PLAN Request for approval of a major development final siteplan for the Grove Golf Club, LLC. Staff requests this public hearing be continued to the Board ofCounty Commission meeting on November 14, 2017. AGENDA ITEM: 8090ae3e QUASI JUDICIAL

Ex parte communication disclosure forms were filed by all five commissioners. The proof of notificationwas filed by Attorney Bob Raynes. The participants were sworn in by the deputy clerk. There were nointerveners.

Growth Management Director Nicki van Vonno informed the Board that staff was requesting that the publichearing be continued to November 14th. Attorney Bob Raynes, on behalf of the applicant, agreed to thecontinuance.


Motion: Accept staff's recommendation to move this item until November 14th. Moved by EdwardCiampi, Vice Chair, seconded by Harold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL

E. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E1, PREAMBLE ELEMENT, A TEXT AMENDMENT A request for the Boardto consider transmittal of CPA 17-E1, a text amendment to Chapter 1, Preamble Element, of theComprehensive Growth Management Plan as part of the State growth management EAR(Evaluation and Appraisal) process. Staff is proposing one policy change and otherwise minorchanges to Chapter 1. The LPA voted 3-0 to recommend approval of the proposed changes. Additionally one proposed change to Section 1.1. was discussed with the LPA on October 5, 2017at a second presentation to the LPA of Chapter 2. AGENDA ITEM: 808edeb8

At the beginning of the discussion, Commissioner Fielding made a motion (seconded by CommissionerHeard) "Denying 1 and 2 outright [items 6E and 6F]." Senior Assistant County Attorney KristaStorey advised the Board that the EAR items were advertised public hearings and, at a minimum,she recommended that the Board open the public hearing on each particular matter and then take up amotion to that effect.

Growth Management Director Nicki van Vonno made her opening remarks about the EAR process.

Senior Assistant County Attorney Krista Storey addressed the Board regarding public comment receivedrelated to the Bert Harris Act (Private Property Rights Protection Act).

Principal Planner Clyde Dulin provided the staff's presentation to the Board.

The following members of the public addressed the Board on this item: Maggy Hurchalla and HelenMcBride.

Motion: Other than striking that statement [page 173] I would move that we accept your itemChapter 1 changes. Moved by Ed Fielding, Commissioner. The motion did not receive a secondand was lost. .

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Motion: That we not transmit Chapter 1 for EAR review, that Chapter 1 has been determined to becompliant. Where there are changes that have been made in state law since the last EARAmendments were passed, where instead of DCA it's the Department of Economic Opportunity andalso the Economic Decennial Census or American Community Survey data shall be used as sourcedata, that material, that information can remain but the other changes I would not transmit. Movedby Sarah Heard, Commissioner, seconded by Ed Fielding, Commissioner. Motion failed. AYES: Doug Smith, Chairman, Sarah Heard, Commissioner.

NOES: Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold Jenkins,Commissioner.

Motion: Accept staff's recommendations on Chapter 1. Moved by Edward Ciampi, ViceChair, seconded by Harold Jenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Harold Jenkins, Commissioner.

NOES: Ed Fielding, Commissioner, Sarah Heard, Commissioner.

RECOMMENDATION: Approve the application for a text change and transmit the amendment to the DEO.

F. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E2, OVERALL GOALS AND DEFINITIONS ELEMENT, A TEXT AMENDMENT A request for the Board to consider transmittal of CPA 17-E2, a text amendment to Chapter 2,Overall Goals and Definitions Element, of the Comprehensive Growth Management Plan as part ofthe State growth management EAR (Evaluation and Appraisal) process. Staff is proposing anumber of changes to improve internal consistency with other chapters of the Plan. The LPAreviewed the amendment on August 17 and voted 3-2 to recommend denial. The chapter waspresented to the LPA again on October 5, 2017. AGENDA ITEM: 808edebb

Principal Planner Clyde Dulin presented the item to the Board. Growth Management Director Nicki vanVonno and Senior Assistant County Attorney Krista Storey assisted with Board questions.

The following member of the public addressed the Board on this item: Maggy Hurchalla.

Motion: That those modifications in Chapter 2 that are reflective of the changes in law and changesin the designation of agencies, that they be approved for transmittal and that the portions ofChapter 2 that tend to have the complexities of question, that those be postponed for a workshop.Moved by Ed Fielding, Commissioner, seconded by Sarah Heard, Commissioner. Motion failed. AYES: Ed Fielding, Commissioner, Sarah Heard, Commissioner.

NOES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Harold Jenkins, Commissioner.

Motion: Accept staff's recommendation. Moved by Edward Ciampi, Vice Chair, seconded by HaroldJenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Harold Jenkins, Commissioner.

NOES: Ed Fielding, Commissioner, Sarah Heard, Commissioner.


G. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E3, INTERGOVERNMENTAL COORDINATION ELEMENT, A TEXTAMENDMENT A request for the Board to consider transmittal of CPA 17-E3, a text amendment toChapter 3, Intergovernmental Coordination Element, of the Comprehensive Growth ManagementPlan as part of the State growth management EAR (Evaluation and Appraisal) process. Staff isproposing only minor changes to Chapter 3. The most significant change is a proposedamendment to the dispute resolution policy to achieve compliance with Sections 163.3177(6)(h)1.band 186.509, Florida Statutes. The LPA reviewed the amendment on August 3rd and voted 5-0 torecommend approval of the proposed changes. AGENDA ITEM: 808ecf0d

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Planner II Richard Lawton, Growth Management Director Nicki van Vonno, and Senior Assistant CountyAttorney Krista Storey presented the item to the Board.

Vice Chair Ciampi solicited public comment; none was heard.

Motion: Accept staff request/proposal/motion. Moved by Ed Fielding, Commissioner, seconded byHarold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL


H. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E4, FUTURE LAND USE ELEMENT, A TEXT AMENDMENT A request for theBoard to consider transmittal of CPA 17-E4, a text amendment to Chapter 4, Future Land UseElement, of the Comprehensive Growth Management Plan as part of the State growth managementEAR (Evaluation and Appraisal) process. Staff is proposing only minor changes to Chapter 4. TheLPA reviewed the amendment on September 7, 2017 and voted 5-0 to recommend approval. Table4-2 will be provided by Supplemental Memo. AGENDA ITEM: 808edebd

Principal Planner Clyde Dulin, Growth Management Director Nicki van Vonno, and Senior AssistantCounty Attorney Krista Storey presented the item to the Board.


Motion: Accept staff's recommendation. Moved by Edward Ciampi, Vice Chair, seconded by HaroldJenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold

Jenkins, Commissioner.

NOES: Sarah Heard, Commissioner.


I. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E5, TRANSPORTATION ELEMENT, A TEXT AMENDMENT A request toconsider transmittal of CPA 17-E5, a text amendment to Chapter 5, Transportation Element, of theComprehensive Growth Management Plan as part of the State growth management Evaluation andAppraisal (EAR) process. The proposed revisions reflect the updated Future Transportation MapSeries adopted through the 2040 Long Range Transportation Plan. The Existing Transportationseries has also been updated. Other minor changes are listed in the staff report. No major policieschanges are being proposed. The LPA reviewed the amendment on July 20, 2017 and voted 3-0 torecommend approval. AGENDA ITEM: 808fa75a

Principal Planner Samantha Lovelady and Growth Management Director Nicki van Vonno presented theitem to the Board. County Engineer Lisa Wichser assisted with Board questions.


Motion: Approve. Moved by Harold Jenkins, Commissioner, seconded by Ed Fielding,Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




J. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E6, HOUSING CPA 17-E6, Housing, is an Evaluation and Appraisal Report-41 of 49



















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based text amendment to Chapter 6 of the Comprehensive Growth Management Plan. Only onesubstantive policy change is proposed. Other amendments involve deletion of obsolete andrepetitive text, re-organization of text, and edits related to consistent use of the term "affordablehousing" which is defined in Chapter 2, CGMP. New data and analysis are provided. Theamendments were presented to the Affordable Housing Advisory Committee on September 6,2017. The LPA reviewed the amendment on September 21, 2017 and voted 5-0 to recommendapproval. AGENDA ITEM: 808edec0

Growth Management Director Nicki van Vonno and Senior Assistant County Attorney Krista Storeypresented the item to the Board.


Motion: So moved [approval]. Moved by Ed Fielding, Commissioner, seconded by Sarah Heard,Commissioner. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Approve CPA 17-E6, a text amendment to the Housing Element, and transmit theamendment to the DEO.

K. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E7, RECREATION ELEMENT, A TEXT AMENDMENT A request for theBoard to consider transmittal of CPA 17-E7, a text amendment to Chapter 7, Recreation Element,CGMP. Only minor changes are proposed for Chapter 7. The largest change is a proposal toremove parks inventories from the Chapter. This is because parks inventories in the Chapter areredundant and are maintained within the Parks Master Plan and provided to the Board in theannual Capital Improvements Plan. The LPA reviewed the amendment on August 3rd and voted 5-0 to recommend approval of the proposed changes. AGENDA ITEM: 808ecf0f



Motion: I'll move [approve]. Moved by Ed Fielding, Commissioner, seconded by Harold Jenkins,Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




L. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E8, COASTAL MANAGEMENT ELEMENT, A TEXT AMENDMENT A requestfor the Board to consider transmittal of CPA 17-E8, a text amendment to Chapter-8, CoastalManagement Element, CGMP. Proposed changes include: updates to environmental policies to beconsistent with previous changes made to Chapter-2 in 2013; use of Category A-E surge zones forevacuation orders; updates to policies for statutory changes in Chapter 163 F.S.; and updates withcurrent data of Figures 8-4 and 8-5 and a new Figure 8-7 to display Evacuation Zones A-E. TheLPA, after providing input, voted 5-0 to recommend approval of the changes. AGENDA ITEM:808ecf12


Emergency Management Director Dan Wouters addressed the Board regarding the storm surge maps.

Chairman Smith solicited public comment; none was heard.42 of 49

























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Motion: Accept staff's recommendation. Moved by Edward Ciampi, Vice Chair, seconded by EdFielding, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




M. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E9, CONSERVATION AND OPEN SPACE ELEMENT, A TEXT AMENDMENT A request to consider transmittal of CPA 17-E9, a text amendment to Chapter 9, Conservation andOpen Spaced Element, of the Comprehensive Growth Management Plan as part of the State growthmanagement evaluation and appraisal (EAR) process. Various policies and terminologies wereupdated for accuracy and clarification to better support implementation. Various policies wereupdated to provide consistency with changes made by Ordinance 938 to Chapters 1, 2 and 4, andOrdinance 945 to Chapters 8 and 9. See Consistency Matrix. The LPA voted 4-0 to recommendapproval. AGENDA ITEM: 808ff893

Principal Planner Samantha Lovelady and Growth Management Director Nicki van Vonno presented theitem to the Board. Environmental Administrator Darryl Deleeuw assisted with Board questions.


Motion: Approval. Moved by Harold Jenkins, Commissioner, seconded by Edward Ciampi, ViceChair. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




N. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E10, SANITARY SEWER SERVICES ELEMENT, A TEXT AMENDMENT Arequest for the Board to consider transmittal of CPA 17-E10, a text amendment to Chapter 10,Sanitary Sewer Services Element, of the Comprehensive Growth Management Plan as part of theState growth management evaluation and appraisal (EAR) process. Very few changes areproposed for Chapter 10 because only those changes identified in the EAR are being proposed. Astaff analysis of policies in the chapter has identified no changes. The LPA reviewed theamendment on July 6, 2017 and voted 4-0 to recommend approval of the proposed changes. AGENDA ITEM: 808faa9e

Principal Planner Samantha Lovelady and Growth Management Director Nicki van Vonno presented theitem to the Board.


Motion: Accept staff's recommendation. Moved by Edward Ciampi, Vice Chair, seconded by HaroldJenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




O. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVE43 of 49




















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PLAN AMENDMENT 17-E11, POTABLE WATER SERVICES ELEMENT, A TEXT AMENDMENT Arequest for the Board to consider transmittal of CPA 17-E11, a text amendment to Chapter 11,Potable Water Services Element, of the Comprehensive Growth Management Plan as part of theState growth management evaluation and appraisal (EAR) process. No major policy changes arebeing proposed for the chapter, however the Local Issues in the EAR have identified that changesare required to update the chapter for consistency with the Upper East Coast Water Supply Plan(UECWSP) that are required by Section 163.3177(6)(d)3 of Florida Statutes. AGENDA ITEM:808ff833

Principal Planner Samantha Lovelady and Growth Management Director Nicki van Vonno presented theitem to the Board. Utilities & Solid Waste Director John Polley, Hydrogeologist Anne Murray, and DeputyCounty Administrator Don Donaldson assisted with Board questions.


Motion: Accept staff's recommendation as presented. Moved by Edward Ciampi, ViceChair, seconded by Harold Jenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




P. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E12, SOLID AND HAZARDOUS WASTE ELEMENT, A TEXT AMENDMENT Arequest for to consider transmittal of CPA 17-E12, a text amendment to Chapter 12, Solid andHazardous Waste Element, of the Comprehensive Growth Management Plan as part of the Stategrowth management evaluation and appraisal (EAR) process. Very few changes are proposed forChapter 12. Section 12.3 Future Needs and 12.3.D Level of Service Standards were revised toreflect the expansion of the Okeechobee Landfill and the current volumes to 150 years of capacity.No statutory changes were required. The LPA voted 4-0 to recommend transmittal to DEO. AGENDA ITEM: 808ff834

Principal Planner Samantha Lovelady and Utilities & Solid Waste Director John Polley presented the itemto the Board.


Motion: Accept staff's presentation as presented. Moved by Edward Ciampi, Vice Chair, secondedby Harold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL


Q. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E13, DRAINAGE AND NATURAL GROUNDWATER AQUIFER RECHARGEELEMENT, A TEXT AMENDMENT A request for the Board to consider transmittal of CPA 17-E13, atext amendment to Chapter 13, Drainage and Natural Groundwater Aquifer Recharge Element, ofthe Comprehensive Growth Management Plan as part of the State growth management EAR(Evaluation and Appraisal) process. Staff is proposing only minor changes to Chapter 13. The LPAreviewed the chapter on June 1, 2013 and voted 4-0 to recommend approval. AGENDA ITEM:808ee01e

Principal Planner Clyde Dulin, Growth Management Director Nicki van Vonno, and Senior AssistantCounty Attorney Krista Storey presented the item to the Board. There was no public comment on thisitem.

Motion: Staff's recommendation. Moved by Ed Fielding, Commissioner, seconded by Harold44 of 49


























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Jenkins, Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




R. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E14, CAPITAL IMPROVEMENTS ELEMENT, A TEXT AMENDMENT Requestto consider transmittal of CPA 17-E14, a text amendment to Chapter 14, Capital ImprovementsElement, of the Comprehensive Growth Management Plan as part of the State growth managementevaluation and appraisal (EAR) process. The only policy change is an update to the level of servicefor potable water for consistency with Chapter 11, Potable Water Services Element due to the 2016Upper East Coast Water Supply Update. Policy 14.1A.2(1) was revised to reflect that the County nolonger has an interim level of service. The LPA voted 3-0 to recommend approval. AGENDA ITEM:80900204

Principal Planner Samantha Lovelady and Growth Management Director Nicki van Vonno presented theitem to the Board.


Motion: Move approval. Moved by Ed Fielding, Commissioner, seconded by Harold Jenkins,Commissioner. Motion carried. AYES: Doug Smith, Chairman, Edward Ciampi, Vice Chair, Ed Fielding, Commissioner, Harold




S. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E16, ARTS, CULTURE AND HISTORIC PRESERVATION ELEMENT, A TEXTAMENDMENT A request for the Board to consider transmittal of CPA 17-E16, a text amendment toChapter-16, Arts, Culture and Historic Preservation Element, CGMP. Proposed changes fall intotwo categories: 1) Changes to introductory dialog and policies of the Chapter proposed by the ArtsCouncil of Martin County, and 2) Changes to implement Ordinance 1022 for new rules relating tothe Public Art Advisory Board, Public Art Master Plan, and Public Art Site Selection Committee. The LPA reviewed the amendment and voted 5-0 to recommend approval of the amendment. AGENDA ITEM: 808ed0dd





T. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF EAR-BASED COMPREHENSIVEPLAN AMENDMENT 17-E17, PUBLIC SCHOOL FACILITIES CPA 17-E17, Public School Facilities, isthe Evaluation and Appraisal Report-based text amendment to Chapter 17 of the ComprehensiveGrowth Management Plan. The recommended changes delete obsolete and redundant text andincorporate more current data. No substantive change to any CGMP Goal, Objective or Policy isproposed. Martin County School District staff assisted in the preparation of the proposed

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amendments and the proposed amendments were provided to the City of Stuart and the SchoolBoard. On July 20, 2017, the LPA voted 3-0 to recommend transmittal. AGENDA ITEM: 808eaf50

Growth Management Director Nicki van Vonno and Senior Assistant County Attorney Krista presented theitem to the Board.


Motion: Move [approve]. Moved by Ed Fielding, Commissioner, seconded by Edward Ciampi, ViceChair. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Approve CPA 17-E17, a text amendment of the Public School Facilities Element,for transmittal to the DEO.

U. EXCHANGE OF THREE PARCELS OWNED BY MARTIN COUNTY TO EDWARD H. HAMM, ASTRUSTEE, OR HIS SUCCESSORS IN TRUST, UNDER THE AMENDMENT AND RESTATEMENT OFTRUST OF EDWARD H. HAMM DATED FEBRUARY 26, 1999 (HAMM) FOR THE CONVEYANCE OF27.27+ ACRES, IN HOBE SOUND, ACCEPTANCE OF SPECIAL WARRANTY DEED FROM HAMM,APPROVAL OF GRANT FOR PARTIAL FUNDING OF PURCHASE PRICE AND INITIATE ANAMENDMENT TO FUTURE LAND USE DESIGNATION This request is for approval and acceptanceof a Contract to Purchase and Sell Real Estate, acceptance and approval of a resolution andSpecial Warranty Deed for purchase of 27.27 + acres in Hobe Sound, the acceptance and approvalof a DEP grant for a Federally Funded Appropriation (Grant) in the amount of $1,169,265,authorization to exchange three County owned parcels to HAMM along with District 3 MSTUfunding toward purchase price of HAMM parcel and consider adopting a resolution to initiatefuture land use map change. AGENDA ITEM: 808d1445 RESOLUTION NOs. 17-10.8, 17-10.9 and17-10.10

Real Property Manager Carla Segura and Assistant County Attorney Elizabeth Lenihan presented the itemto the Board.

The following members of the public addressed the Board on this item: Mark Gaylord (Attorney for Mr.Hamm) and Nathaniel Reed.

Motion: Not only would I like to make a motion to accept staff's recommendation, but to also writea very detailed letter thanking Mr. Hamm for his contribution to, not only Martin County, but to theresidents of Hobe Sound, which this has been on their agenda for a long time, and to theenvironment. Moved by Harold Jenkins, Commissioner, seconded by Edward Ciampi, Vice Chair. Motion carried unanimously. AYES: ALL

RECOMMENDATION: [1] Approve a resolution to include the following items: (a) approval and acceptanceof the Contract to Purchase and Sell Real Estate, (b) approval and acceptance of the DEP Agreement No.L1701, (c) approval and acceptance of the exchange of County-owned property, (d) approval andacceptance of a Special Warranty Deed conveying the property which is the subject of the Contract toPurchase and Sell Real Estate, (3) direct staff to record a Declaration of Restrictive Covenants on theHamm Parcel as approved by the DEP and the County Attorney's Office after closing, and (f) provideauthorization to the Chairman to execute any and all documents necessary to complete this transaction.[2] Approve a resolution initiating a Future Land Use Map amendment after the closing for the propertypurchased. [3] Approve a budget resolution recognizing the anticipated grant funds to be received by DEPand the Conservation Lands FY17 fund balance for the purchase of this parcel.

7. REQUESTS AND PRESENTATIONS

A. PRESENTATION BY THOMAS LANAHAN, ECONOMIC DEVELOPMENT COORDINATOR FORTREASURE COAST REGIONAL PLANNING COUNCIL ABOUT U.S. HIGHWAY 27 MULTIMODALCORRIDOR AGENDA ITEM: 808febf7

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TCRPC Economic Development Coordinator Thomas Lanahan provided the presentation to the Board.

The following member of the public addressed the Board on this item: Marcy Pitkin.

Motion: That we send a letter of support [to the Central Office Florida, copying all the districtsinvolved] to at least show we're another community that's interested in moving things west wherethey would have the least impact on our population areas. Moved by Edward Ciampi, ViceChair, seconded by Harold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL

B. FLORIDA DEPARTMENT OF TRANSPORTATION PRESENTATION - RECONSTRUCTION OF SR-76(SW KANNER HIGHWAY) FROM WEST OF SW PRATT WHITNEY ROAD TO SW JACK JAMESDRIVE AGENDA ITEM: 80906940

FDOT Project Manager Betsy Jeffers and County Engineer Lisa Wichser presented the item to the Board.

The following members of the public addressed the Board on this item: Barbara Anne DuBree andAnnette Lyons.

Motion: That we send a letter of support to have FDOT work that intersection plan with asignal, and not the roundabout. Moved by Edward Ciampi, Vice Chair, seconded by Ed Fielding,Commissioner. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Accept the presentation and provide comments to the Florida Department ofTransportation.

8. DEPARTMENTAL

A. Department of Administration

1. OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL AGENDA ITEM: 808d70c3 - None at this time.

B. County Attorney

1. ALL ABOARD FLORIDA STATUS UPDATE This Agenda Item Summary serves as a placeholderfor an All Aboard Florida and Florida East Coast rail expansion status update which will be providedverbally or via electronic presentation(s) to provide information relative to any updates on the SouthFlorida Water Management District permit challenge, FEC/AAF federal funding for the railexpansion project through Martin County, federal permitting status and U.S. Coast Guardrulemaking status for the future operation schedule for the St Lucie bridge. AGENDA ITEM:808e71cb (continued from 09/26/17)

Senior Assistant County Attorney Ruth Holmes and Engineering Director Terry Rauth provided thepresentation to the Board.


Staff will return within the next couple of meetings with another update.

2. REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF LAKEPOINT PHASE I, LLC AND LAKE POINT PHASE II, LLC V. SOUTH FLORIDA WATERMANAGEMENT DISTRICT, MARTIN COUNTY AND MAGGY HURCHALLA (CASE NO. 2013-CA-1321) The County Attorney desires to meet with the Board and the County Administrator in aprivate attorney-client session, in accordance with Section 286.011(8), Florida Statutes, to obtainadvice about settlement negotiations and/or strategy related to litigation expenditures in the case ofLake Point Phase I, LLC and Lake Point Phase II, LLC v. South Florida Water Management District,

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Martin County, and Maggy Hurchalla (Case No. 2013-CA-1321). AGENDA ITEM: 8090e8cf

County Attorney Sarah Woods introduced the item and asked for a vote to hold the session.

Motion: So moved [agree to meet in private attorney-client session]. Moved by Ed Fielding,Commissioner, seconded by Harold Jenkins, Commissioner. Motion carried unanimously. AYES: ALL

Ms. Woods announced the beginning of the session (4:07 p.m.).

Ms. Woods announced the end of the session (5:23 p.m.)

RECOMMENDATION: Agree to meet with County Administrator Taryn Kryzda, County AttorneySarah Woods, Special Counsel Edward de la Parte, and Special Co-counsel David Acton in aprivate attorney-client session, for approximately one hour, in accordance with Section 286.011(8),Florida Statutes, in order to provide advice about settlement negotiations and/or strategy related tolitigation expenditures concerning the case of Lake Point Phase I, LLC and Lake Point Phase II,LLC -v- SFWMD, Martin County and Maggy Hurchalla (Case No. 2013-CA-1321).

C. Engineering

1. APPROVAL OF MAINTENANCE MAP FOR SE HILLTOP TERRACE, BETWEEN SE EAGLE AVEAND SE DIXIE HIGHWAY (HOBE SOUND) AND FOR SW BOAT RAMP AVENUE NORTH OF SR714/SW MARTIN HIGHWAY (PALM CITY FARMS) Pursuant to the provisions of Section 95.361,Florida Statutes, staff requests approval of the Maintenance Map for SE Hilltop Terrace, betweenSE Eagle Ave and SE Dixie Highway (Hobe Sound) and for SW Boat Ramp Ave, North of SR714/SW Martin Highway (Palm City Farms). Approval will establish prima facia evidence ofownership of the land by the County to the extent and width that it has been actually maintained forthe prescribed period. AGENDA ITEM: 808a473a QUASI JUDICIAL (continued from 09/26/17)

Ex parte communication disclosure forms were filed by all five commissioners. The proof ofnotification was filed by staff. The participants were sworn in by the deputy clerk. There were nointerveners.

STAFF: Acting County Surveyor Thomas Walker provided the presentation to the Board. AssistantCounty Attorney Elizabeth Lenihan assisted with Board questions.

The following County Exhibits were entered into the record: (1) agenda item/staff report, (2)Thomas Walker resume.


Motion: Staff's recommendation. Moved by Sarah Heard, Commissioner, seconded by EdFielding, Commissioner. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Approve the Maintenance Map for SE Hilltop Terrace (between SE EagleAvenue and SE Dixie Highway, Hobe Sound) pursuant to the provisions of Section 95.361, FloridaStatutes, and authorize the Chairman to execute the Maintenance Map cover sheet for subsequentrecording in public records.

***** Boat Ramp Avenue was withdrawn from this item.

D. General Services

1. PERFORMANCE CONTRACT FOR LIFE CYCLE AND ENERGY CONSERVATION This is arequest to enter into a 14 year performance based contract to address deferred maintenance, lifecycle replacement issues, and energy performance at the Holt Correctional Facility. AGENDA

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ITEM: 808e8ecf

General Services Director Harold Markey introduced the item. Budget Manager Jennifer Manningand Assistant County Attorney Elizabeth Lenihan assisted with Board questions.

Trane U.S., Inc. Energy Services Leader Steve Corson provided the power point presentation tothe Board.


Motion: Motion to approve. Moved by Ed Fielding, Commissioner, seconded by EdwardCiampi, Vice Chair. Motion carried unanimously. AYES: ALL

RECOMMENDATION: Approve the Guaranteed Energy Performance Savings Contract with TraneU.S., Inc. subject to approval of the financing agreement with Bank of America. Waive thepurchasing requirements to enter into the financing agreement with Bank of America related to theGuaranteed Energy Performance Savings Contract, accept the financing proposal from Bank ofAmerica, and authorize the County Administrator to execute the proposal.

9. WORKSHOP - None at this time.

10. COMMISSIONERS - None at this time.

11. PUBLIC (PM) - None at this time.

12. ADJOURN, BOARD OF COUNTY COMMISSIONERS, October 24, 2017

The meeting adjourned at 7:46 p.m.

______________________________Carolyn Timmann, Clerk/mkvMinutes approved on ________________________

________________________________Doug Smith, Chairman

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