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HomeMy WebLinkAboutMinutes 01.14.2020'�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting January 14, 2020 1. CALL TO ORDER Convened: 6:00 PM Adjourned: 7:06 PM The meeting was called to order at 06:00 PM by District No.5, Chair Cathy Townsend ,Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 5 Cathy Townsend Commissioner District 4 Frannie Hutchinson Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Aileen Loucks, 9300 Carlton Rd, made the Board aware that she was attacked by her neighbor's dog and the difficulty she has had getting Animal Control to respond to her complaint. Deputy Sheriff Major Hardy, who was present, told Ms. Loucks that he would speak with her about the situation outside of the meeting. BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM • Kathy Dwonch-Schoe, 9338 Carlton Rd, commented on Ms. Loucks' dog attack and expressed concern about the way the dog ordinance is currently written. • Mark Donahue, with Derecktor Fort Pierce, submitted for the record a letter about Derecktor's progress to date on the construction of a megayacht repair and refit facility at the Port of Fort Pierce. He then read the letter into the record. There being no one further wanting to address the Board, Chair Townsend closed public comment. S. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of December 3, 2019 B. Board of County Commissioners minutes for the special 4-H event on December 5, 2019 A motion was made to approve the minutes from the Board of County Commissioners meeting on December 3, 2019 and the special 4-H event on December S, 2019. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Linda Bartz SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None 6. PROCLAMATIONS APPROVAL A. Resolution No. 20-004 - A Resolution Proclaiming January 2020 as "Human Trafficking Prevention Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Townsend presented the proclamation to Jamie Bond, with Place of Hope and Human Trafficking Coalition; and Kelley Laurine, with Catch the Wave of Hope, who thanked the Board and accepted the proclamation with gratitude. 7. PRESENTATIONS There were no presentations. 2 1 P a g e BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 8. CONSENT AGENDA Consent items 8.1-1.1 and 8.1-1.2 were pulled from the Consent Agenda for separate presentation and vote and moved to the regular agenda. Refer to Regular Agenda items 10.13.2 and 10.13.3 of the minutes for detail. A motion was made to adopt the consent agenda (minus items 8.1-1.1 and 8.H.2) and it passed unanimously. RESULT: ADOPT MOVER: Frannie Hutchinson SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None A. WARRANTS 1. Warrant Lists 11-12 Adopted by consent vote. B. AIR & SEA PORT 1. Treasure Coast International Airport- Lease Agreement Between St. Lucie County and U.S. Customs and Border Protection Adopted by consent vote. 2. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO, LLC and Aviator Holdings of Florida. Adopted by consent vote. 3. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO, LLC and Jetcraft Aerostructures, Inc. Adopted by consent vote. 4. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO LLC., and Himalaya Aerospace LLC, C/O Choodamani Khanal Adopted by consent vote. 3 1 P a g E BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 5. Treasure Coast International Airport- Consent to Ground Sublease Agreement between Fort Pierce FBO, LLC and MJ Faraci, Inc. Adopted by consent vote. 6. Treasure Coast International Airport- Consent to Ground Sublease Agreement between Fort Pierce FPO, LLC and Ricky W. Ott Adopted by consent vote. 7. Treasure Coast International Airport- Consent to Hangar Sublease Agreement between Fort Pierce FBO, LLC and Treasure Coast Aircraft Solutions, C/O Trev Echols Adopted by consent vote. 8. Treasure Coast International Airport- Consent to Hangar Sublease Agreement between Fort Pierce FBO LLC and Propellor Parts Market Adopted by consent vote.Adopted by consent vote. C. COUNTY ATTORNEY 1. Third Amendment to August 8, 2017 CDM Smith, Inc. Agreement C17-08-506 Adopted by consent vote. 2. Interlocal Agreement with City of Port St. Lucie - Midway Road Improvement Project - Selvitz Road to Glades Cut Off Road Adopted by consent vote. 3. Resolution No. 20-001 - Allowing Lincoln Park Main Street, a Not for Profit Organization, the Continued Use of Space at 725 Avenue D and North 8th Street, Fort Pierce, in Conjunction with its Jazz on Moore's Creek Events Adopted by consent vote. 4. Canvassing Board - Appointments for 2020 Election Cycle Adopted by consent vote. 4 1 P a g e BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM D. COMMUNITY SERVICES 1. Florida Commission for the Transportation Disadvantaged - Trip and Equipment Grant, Amendment Resolution SFY20 (G1A63). Post -meeting this item type was modified from a resolution to an action item and the resolution number was removed. Adopted by consent vote. 2. Florida Commission for the Transportation Disadvantaged - Trip and Equipment Grant, Budget Resolution SFY20 (G1A63). Post -meeting this resolution was updated to reflect the 2020 numbering pattern (amended to RES 2020-15). Adopted by consent vote. 3. Federal Transit Administration (49 U.S.C. 5339) Grant for Buses and Bus Facilities Program Grant Acceptance & Budget Resolution for FFY19 Adopted by consent vote. 4. Federal Transit Administration (49 U.S.C. 5307) Grant for Urbanized Area Formula Funding Program for Capital and Operating Assistance - Grant Acceptance & Budget Resolution for FFY19. Adopted by consent vote. E. FACILITIES 1. Children's Home Society Sanitary Sewer Connection at 4520 Selvitz Road Adopted by consent vote. F. HUMAN RESOURCES 1. Inmate Medical Contract For Consulting/Professional Services With C. Cesario Medical Consulting, LLC Adopted by consent vote. G. PARKS & RECREATION 1. Waiver for 5th Annual Fort Pierce Job Fair Adopted by consent vote. 2. Waiver for the Early Learning Coalition's Family Fun Fair Adopted by consent vote. 5 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 3. Waiver for United Way Meet and Greet Adopted by consent vote. 4. Daktronics Extended Service Agreement - First Data Field (N.Y. Mets) Adopted by consent vote. 5. Busch Family Foundation Rodeo & Concert Fee Waiver Request Adopted by consent vote. H. PLANNING & DEVELOPMENT SERVICES PUBLIC WORKS 1. Sedona Offsite Roadway Turn Lane — Final Acceptance Adopted by consent vote. J. SOLID WASTE 1. Permission to Pay Final Invoice that Exceeded the Contract Amount Adopted by consent vote. 2. Bid Award-RFP#20-015 Analytical Laboratory Services Adopted by consent vote. 9. PUBLIC HEARINGS F-1 i0111►11C7e1iCOIR►1 VA 1. Ordinance No. 20-001- Amending the St. Lucie County Communications Rights -of -Way Ordinance Assistant County Attorney, Katherine Barbieri, presented this item along with Gary Resnick, the County's outside communications attorney. The Florida Advanced Wireless Infrastructure Deployment Act became effective July 1, 2018, codified at Section 337.401, Florida Statutes (the "Small Cell Statute"). The Board of County Commissioners adopted Ordinance No. 2018-002, to implement the Small Cell Statute in the County Code of Ordinances and also to amend the County's Cable Ordinance consistent with Florida law. The Small Cell Statute preempts, to large extent, the County's authority to regulate the placement of small wireless facilities in the public -rights -of -way, including setting forth time A BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM frames, known as "shot clocks," to process applications for permits, and providing a limited bases to deny applications. In 2019, the Legislature passed CS/CS/CS/SB 1000 ("SB 1000"), which amends Section 337.401, effective July 1, 2019, including the Small Cell Statute, to further preempt local government authority and to extend shot clocks to applications for permits for all communications facilities in the public rights -of -way. SB 1000 also included the creation of a private cause of action in federal court to a party aggrieved by action of a local government that is preempted by the statute, and provides for the possible award by a court of costs and attorneys' fees to the prevailing party. The County's outside communications attorney, Gary Resnick, with significant input from County staff, prepared the proposed Ordinance to amend the County Code, and to allow for the County's exercise of its authority consistent with Section 337.401, as amended by SB 1000. The proposed Ordinance amends provisions of the County Code, including definitions, registration requirements, exemptions from permit requirements, application requirements and review procedures, construction methods and requirements for construction and permanent performance bonds, terms for use of County -owned utility poles and fees for use of County rights -of -way, and objective design standards addressing the location and design of communications facilities in the public rights -of -way. Staff recommended the Board adopt the proposed ordinance as drafted. Mr. Resnick noted that he received comments that day from attorneys representing Comcast and Verizon commenting on the proposed ordinance and suggested revisions. Mr. Resnick provided a copy of the email from the attorneys for Comcast. Commissioner Dzadovsky asked Mr. Resnick to explain to the public how the pre-emption at State and Federal levels takes some of the regulatory ability out of the County's hands. Mr. Resnick explained this to those present. He also noted that the County was preempted by Federal law from taking action based on perceived health effects of RF emissions. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Hutchinson SECONDER: Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 7 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 2. 3. Ordinance - Including New Construction in PACE Program - Funding Agreement Amendment County Attorney Daniel McIntyre presented this item. In 2010, the County adopted Ordinance No. 10-025 forming the St. Lucie County Sustainability District for the purpose of accomplishing energy efficiency and renewable energy improvements (PACE) including paying the costs necessary and incidental thereto through non -ad valorem assessments. The County has entered into agreements with the Solar and Energy Loan Fund ("SELF") to serve as the County's agent in implementing the County's PACE program. The County's PACE as implemented only covers existing buildings - not new construction. Recently SELF inquired whether the County desired to extend the PACE program to new construction. County staff in conjunction with the County's special assessment bond counsel investigated whether allowing PACE to include new construction is consistent with state law and county ordinances. It appears that state law does not allow a PACE program to cover wind - resistance improvements for new construction. The County's ordinance, as currently constituted, does not allow the PACE program to cover new construction. A proposed ordinance which, if adopted, would allow the County's PACE program to finance energy improvements for new construction except for wind resistant improvements. The draft ordinance also modifies the maximum limit of the financing to delete the $50,000.00 limit. Also proposed is a draft Amendment to the Funding Agreement with Inland and SELF prepared by the County's Bond Counsel. The Amendment, if adopted, would delete language restricting the funding of PACE improvements to existing buildings. Staff recommended the Board approve the draft ordinance and the amendment to the funding agreement and authorize the Chair to sign the ordinance and amendment. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to adopt the proposed ordinance and it passed unanimously. (The amendment to the funding agreement was voted on separately. See item 9.A.3) RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Frannie Hutchinso Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None PACE Program - Funding Agreement Amendment This item is part of item 9.A.2. The amendment to the funding agreement was voted on separately from the ordinance. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. 8 1 P a g e BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM A motion was made to approve the amendment to the funding agreement and it passed unanimously. RESULT: ADOPT MOVER: Sean Mitchell SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None B. PLANNING & DEVELOPMENT SERVICES 1. MasTec Ft. Pierce Paving and Fair Share Contribution Waiver Request Linda Pendarvis, Development Review Coordinator, advised the Board that the applicant (MasTec Ft. Pierce) had requested a continuance. Chair Townsend opened the hearing for public comment. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to continue the item to the Board's regular meeting on February 18, 2020. The motion was seconded and it passed unanimously. RESULT: CONTINUE MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. FDEP Biosolids Rule County Attorney Daniel McIntyre presented this item. The Florida Department of Environmental Protection (FDEP) regulates biosolids. On October 29, 2019, the FDEP published notice that it would like to amend its biosolids rules. However, the FDEP's proposed rule amendments must be approved by the Environmental Regulation Commission (ERC) before the proposed amendments will become effective. The FDEP hopes to present its proposed biosolids rules to the ERC at a public meeting scheduled for January 28, 2020. St. Lucie County, Martin County, and Indian River previously submitted comments to the FDEP concerning the FDEP's proposed biosolids rules. All three counties have expressed their 9 1 P a g e BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM concern that the FDEP's proposed rules do not go far enough to protect water quality. Audubon Florida has expressed similar concerns. Given St. Lucie County's interest in the FDEP biosolids rules, the County's consultant (CDM Smith) was asked to review the proposed FDEP rule amendments and provide a written assessment for the County. Accordingly, CDM prepared a letter that contains several questions and comments about the FDEP proposals. On August 13, 2019, the Board of County Commissioners of St. Lucie County (Board) sent a letter to the FDEP, summarizing the Board's concerns about the FDEP's biosolids rules. Since the FDEP has not fully addressed the Board's concerns, David Dee, Esq., the County's special counsel, has prepared a draft letter that the Board should consider sending to the members of the ERC. The draft letter updates the comments that the Board sent to the FDEP in 2019. The draft letter also includes some of CDM's comments about a "Lower Cost Regulatory Alternative" that may be presented to the ERC. It is unclear whether the FDEP's proposed rule amendments will need to be submitted to the Florida Legislature for ratification pursuant to Section 120.541(3), Florida Statutes. If a rule will increase regulatory costs by an aggregate amount in excess of one million dollars within five years after the rule's adoption, the rule cannot take effect until it is ratified by the Legislature. In this case, the FDEP has estimated that the proposed biosolids rule will exceed the million -dollar threshold. However, Senator Mayfield has co -sponsored Committee Substitute for Senate Bill 712 (SB 712), which waives the requirement for legislative ratification if the FDEP biosolids rule is adopted "before the 2021 regular legislative session." It is too early to predict whether SB 712 will be enacted into law. Staff recommended that the Board authorize the Chair to sign the draft letter as prepared by the County's special counsel. Commissioner Dzadovsky commented on the history of biosolid opposition in St. Lucie County, thanking the various citizen groups in Tradition, Verano, the Reserve that worked to oppose the commercial biosolid composting efforts. He suggested that everyone continue to work to protect the quality of water, life, and the public health. Chair Townsend acknowledged that while she agreed with Commissioner Dzadovsky, she was concerned about infringing on the Right to Farm Act and farmer's rights. Commissioner Dazaovsky made a distinction between the Right to Farm Act and the biosolids issue and noted the difference between applying standard fertilizer and biosolid compost. Chair Townsend reiterated her concern about possibly infringing on the Right to Farm Act and wanted to make clear that she does not want to take away any of the farmers' rights. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 00] BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 1. ti Major Adjustment to Major Site Plan for A-1 Roof Trusses' Expansion Kori Benton, Senior Planner, presented this item. The applicant, A-1 Roof Truss, requested a Major Adjustment to Major Site Plan to develop an additional 71,890 sq. ft. of manufacturing space and additional 4.53 +/- acres of land to their campus. A-1 Roof Trusses, a St. Lucie County Targeted Industry, is one of the longest -operating Truss manufacturing companies in Florida, currently operating a 110,070 sq. ft. facility. The expansion, slated to begin the first quarter 2020, represents a 181,960 sq. ft. build -out with support staging and loading areas. The 23.11-acre site is zoned IL (Industrial, Light) and designated IND (Industrial) by the Comprehensive Plan. The site is located at 4451 St. Lucie Blvd. Staff recommended approval of the requested major adjustment to an existing site plan subject to the conditions of approval contained within the staff report and resolution. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: ChrisDzadovsky SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None A-1 Roof Trusses, Ltd., Co. Incentives Package Resolution Sarah Smith, Economic Development Coordinator, and Pete Tesch, Economic Development Council, presented information about A-1 Roof Truss and the economic development incentives being recommended for them as a result of A-1's efforts to grow and expand their business in St. Lucie County. Mr. Tesch highlighted the jobs that will be created and the economic impact on the County from the expansion. CEO of A-1 Roof Truss, John Herring, addressed the Board and spoke a little about the local economic impact of his company and its proposed expansion. Mr. Tesch explained how the investment incentives work and the commissioners offered some general comments about the company and economic incentives. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None III BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 3. A-1 Roof Trusses Ltd, Co. Impact Fee Mitigation Agreement This item was discussed as part of item 10.B.2. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 11. ANNOUNCEMENTS A. County offices will be closed on Monday, January 20, 2020 in observance of Martin Luther King Day. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, January 21, 2020 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 28, 2020 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 121Page