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HomeMy WebLinkAboutMinutes 02.18.2020'�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 18, 2020 1. CALL TO ORDER The meeting was called to order at 9:00 AM by 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 Dan McIntyre, County Attorney Ken Mascara, St. Lucie County Sheriff Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Convened: 9:00 AM Adjourned: 10:17 AM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed public comment. BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM S. APPROVAL OF MINUTES A motion was made to approve minutes from the meetings of January 28, 2020 and February 4, 2020.The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson I NAYS: None I A. Board of County Commissioners minutes for the meeting of January 28, 2020 B. Board of County Commissioners minutes for the meeting of February 4, 2020 6. PROCLAMATIONS APPROVAL A. Resolution No. 20-013 - A Resolution Proclaiming February 2020 as "2-1-1 Awareness 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. Colleen Phillips, Community Relations Specialist with 2-1-1 Helpline, and Dana Trabulsy, 2-1-1 Helpline Board Member, thanked the Board and accepted the proclamation with gratitude. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy AYES: Townsend, Frannie Hutchinson NAYS: None 2 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM B. Resolution No. 20-031- proclaiming Sunday, February 23, 2020 as "Small Business Supporting First Responders Appreciation Day' in recognition of the support and appreciation shown by A&G Concrete Pools, Inc., Tri-County Towing, C.O.R.E. Program, and Trilogy Home Healthcare to St. Lucie County First Responders The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Scott Van Duzer, with the VanDuzer Foundation, thanked the Board and on behalf of A&G Concrete Pools, Tri-County Towing, C.O.R.E. Program, and Trilogy Home Healthcare, accepted the proclamation with gratitude. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 7. PRESENTATIONS A. Turnpike Project Development and Environment Study Kimberly Graham, County Engineer, introduced Brian Ribaric, project manager for the Florida Department of Transportation's (FDOT) Turnpike project. Mr. Ribaric presented an update on the progress of FDOT's Project Development and Environment (PD&E) study on the widening of the Florida Turnpike from Jupiter to Fort Pierce and invited the public to several upcoming public information meetings. He described where FDOT is in the process of the widening project (PD&E study), identified some challenges, talked about the plans for widening the Turnpike from four to eight lanes, modifications to interchanges and potential new interchange locations, what the next steps of the project are, and provided dates and times for the upcoming public information meetings. Commissioner Dzadovsky asked the Turnpike project manager for consideration of an interchange at Midway Rd, help with funding the widening of the Midway Rd. bridge over the Turnpike, and to work closely with the County as they improve Jenkins Rd. so that they do not have to re -do any work because of Turnpike plans. Commissioner Hutchinson reiterated the need for a Turnpike interchange at Midway Rd. given the projected development in that area. 3 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 17-18 Adopted by consent vote I_:�_V►�il1�l��l:7etilrL�Ll 1. Resolution - Budget Resolution for Tourist Development from Summer Crush Vineyard & Winery Adopted by consent vote 2. Permission to Advertise - Amending Chapter 32-102 of the St. Lucie County Code - Blind Creek Park Adopted by consent vote C. AIR & SEA PORT 1. Contract Amendment (C17-04-461) - Between St. Lucie County and Dredging and Marine Consultants, LLC Adopted by consent vote 2. Treasure Coast International Airport- Consent to Ground Sublease Agreement with Tenant Construction of Improvements Between Fort Pierce FPO, LLC and Aviation Management and Repairs, Inc. Adopted by consent vote 4 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM D. COUNTY ATTORNEY 1. Budget Resolution No. 20-019 - Accepting Funds in the Form of Insurance Recovery from Employers Mutual, Inc. in the Amount of $9,320.00 for Reimbursement of Defense Costs in a Discrimination Lawsuit Adopted by consent vote 2. St. Lucie County Health Department - Extension of Lease Agreement with C&W South Investments, LLC Adopted by consent vote 3. Revocable License Agreement - Fence - Driftwood Manor - Section One - 1103 Fleetwood Lane - Parcel ID 3404-806-0010-000-6 Adopted by consent vote 4. Revocable License Agreement - Fence - River Park - Unit 7 - 844 SE Corto Terrace - Parcel ID 3419-550-0043-000-8 Adopted by consent vote 5. Permission to Advertise - Creating Section 8.02.02(L), Special Public Events Sites Adopted by consent vote 6. Permission to Advertise - Ordinance Regulating Retail Sale of Dogs and Cats Adopted by consent vote 7. Resolution - Right -of -Way Donation - 7' on Jenkins Road - St. Peter Evangelical Lutheran Church - Parcel ID 2419-333-0001-000-2 Adopted by consent vote 8. Resolution - Donation of Right -of -Way - 20' on St. Lucie Boulevard - Pursuit Boats (FKA S-2 Yachts) - Parcel ID 1432-211-0002-000-2 Adopted by consent vote 9. Resolution - Donation of 31.66 acre parcel for a Florida scrub jay preserve for preservation and management - Pursuit Boats (FKA S-2 Yachts) - Parcel ID 1432-231-0002-000-4 Adopted by consent vote 5 1 P a g E BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM 10. Contract for Sale and Purchase - Pursuit Boats (FKA S-2 Yachts) - Parcel ID 1432-211-0002- 000-2 (portion of) Adopted by consent vote E. FACILITIES 1. St. Lucie County Sheriff Generator Rental - Hurricane Irma Adopted by consent vote F. OFFICE OF MANAGEMENT & BUDGET 1. Fixed Asset Inventory - Property Record Removal Adopted by consent vote G. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise - Notice of Public Hearing - Comprehensive Plan Text Amendment to update St. Lucie County 10-Year Water Supply Facilities Work Plan Adopted by consent vote H. PUBLIC WORKS 1. Jenkins Road from Walmart Distribution Center to Midway Road Adopted by consent vote 2. Resolution - Supporting Transportation Alternatives Program in St. Lucie County Florida - SE Walton Road Sidewalk (SE Lennard Road to SE Green River Parkway) Adopted by consent vote 3. Award Work Authorization No. 03 Contract No. C15-02-115 Adopted by consent vote 4. Award Bid No. 20-005 - Summit Street at NSLRWCD Canal 8 Culvert Replacement Adopted by consent vote 6 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM 5. Kings Highway at Indrio Road Improvements Florida Department of Transportation (FDOT) Grant Agreement - Amendment No. 4 Adopted by consent vote I. SOLID WASTE 1. Capital Lease - 826, D6, and 980M Tax Lease Agreements Adopted by consent vote 2. Purchase of Replacement Macpresse Baler and Conveyor Adopted by consent vote 3. Award of Bid No. 20-029 Tipping Floor Asphalt Overlay Adopted by consent vote 1. Proposed Revisions to St. Lucie County's Water and Sewer District Utility Service Policy Adopted by consent vote 2. St. Lucie County Water and Sewer Utility District Uniform Extension Financing Policy Adopted by consent vote 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. MasTec Ft. Pierce Paving and Fair Share Contribution Waiver Request Linda Pendarvis, Planning Manager, and David Hays, Sr. Project Engineer, presented this item. MasTec Utility Services Group located at 1809-1819 Totten Road requested a paving waiver pursuant to Section 7.05.07.B.2 of the Land Development Code that allows the Board of County Commissioners to waive paving requirements of unpaved access roads, if the Board determines: 1) That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2) That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 3) That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. MasTec Utility Services Group aka Burnip and Sims, Inc. is located within the jurisdiction of the St. 7 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM Lucie County adjacent to the City of Ft. Pierce boundaries. The access to the site is provided via the County owned Totten Road right-of-way. The applicant is proposing improvements on their property that will consist of placing a 1,500 square foot utility contractor modular office on the site and removing the existing onsite structures and utility shed. The proposed improvements will not change the current use and it will continue to serve as a materials yard and employee office space. Staff recommended that the Board approve the requested paving waiver with the condition as outlined in the draft resolution. This public hearing was Quasi -Judicial and the commissioners made the following disclosures regarding this item: • Commissioner Dzadovsky met with Mr. Bob Rains (attorney for the applicant), staff, and Mr. Atkins (a property owner on the road). • Commissioner Townsend met with Mr. Bob Rains (attorney for the applicant), staff, and Mr. Atkins (a property owner on the road). • Commissioner Bartz met with Mr. Bob Rains (attorney for the applicant) and staff. • Commissioner Hutchinson met with Mr. Bob Rains (attorney for the applicant) and staff. • Commissioner Mitchell met with Mr. Bob Rains (attorney for the applicant) and staff. 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 with the condition that the applicant be open to participating in future partnerships with local property owners to improve the road. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. FEMA Appeals - Project Worksheets 8293 (1545-DR) and 3132 (1609-DR) County Attorney Dan McIntyre presented this item. The County appealed the Federal Emergency Management Agency (FEMA) decision to deobligate funding on Project 8 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM Worksheets (PW) 8293 and PW 3132. PW8293 relates to Hurricane Frances in 2004 and PW3132 relates to Hurricane Wilma in 2005. The appealed amounts were $954,520.70 for PW8293 and $517,499.56 for PW3132. Regarding PW3132, FEMA determined that Section 705(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act prohibits the reduction of $517,499.56 to PW3132. Regarding PW8293, FEMA denied the County's appeal because the appeal was not filed within 60 after receipt of a notice of the action that is being appealed as required by Title 44 of the Code of Federal Regulations (44 C.F.R.) §206.206(c). The County has the right to file a second appeal by submitting a written appeal to the Florida Division of Emergency Management within 60 days of the County's receipt of FEMA's January 7, 2020 letter. The County won the appeal for PW3132 so no further discussion is needed on this PW. County staff discussed a possible second appeal of FEMA's PW8293 determination with staff of the Florida Division of Emergency Management as well as the County's special counsel. Both Division of Emergency Management staff and special counsel believe that a second appeal should be filed because FEMA's stated reason that the County received notice in February 2015 is not factually accurate. Staff recommended that the Board determine to file a second appeal challenging FEMA's determination on PW8293. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER AYES: NAYS: EXCUSED: B. PARKS & RECREATION APPROVE Commissioner District 1 Chris Dzadovsky Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None None 1. Stadium Renovation - County Items Budget Request This item was presented by Ed Matthews, Parks & Recreation Director. On August 13, 2019, Jeff Bremer presented a status update at the BOCC Informal Meeting regarding $2.2 Million in available funds from Bond Interest for the items SFS removed from the scope of the project that the County agreed to fund. Due to increases in the accepted GMP costs vs. cost estimates, the budget for the County items increased dramatically. County cost increases occurred for the elevator, railings, County office space, and maintenance barn. In addition, The County incurred cost for the Builders Risk Insurance ($150,000), for changes to the Architectural Drawings ($78,000), and for flag poles at 9/11 memorial. Since August, additional costs have been incurred due to unforeseen site conditions and structural repairs required for seat replacement. Additionally, it has been brought to staff's attention that 9 1 P a g e BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM utility services, which the County is responsible for, must be relocated and updated in response to the District's requests. The costs for these items are unknown at this time. Staff recommended approval to increase the County's items project budget by $200,000 (Account #190-7210- 563000-187628). Funds are available in reserve Account 190-9910-599300- 910000. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None C. ADMINISTRATION 1. Appointment to the Planning & Zoning Commission The District 5 seat on the Planning & Zoning Commission is currently vacant due to the resignation of William R. Smith. Staff recommended that the Board ratify the appointment of Craig Bridgers as Commissioner Townsend's appointment to the Planning & Zoning Commission. A motion was made to appoint Craig Bridgers to the Planning & Zoning Commission and it passed unanimously. RESULT: APPOINT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 11. ADDITIONAL BOARD DISCUSSION Commissioner Hutchinson brought up an issue not on the agenda for Board consideration. She recently became aware of South Florida Water Management District (SFWMD) plans to delay the C-23/C-24 reservoir projects in St. Lucie County and expressed her concern that more information was needed and that the Board needed to act quickly. She noted that a project to connect the C-23 and C-44 reservoirs, which was previously not a priority, was now a priority and fully -funded by the SFWMD, while St. Lucie County's C-23/ C-24 reservoirs have been pushed out. She also mentioned that the stated intent of the new project was to back -pump it during droughts into Lake Okeechobee. Commissioner Hutchinson said 10 1 P a g BOCC Regular Meeting Tuesday, February 18, 2020 9:00 AM that she had not received adequate answers to her questions (such as who approved the change in projects, and how did it get to be a priority) and felt that the board and citizens needed answers before SFWMD continues to move forward. Commissioner Hutchinson asked the County Attorney if he could help draft a letter asking those pertinent questions. It was agreed that a special meeting on Thursday February 20, 2020 at 2:30 PM would be scheduled to discuss this issue and that staff would have a draft of a letter for the Board to review at that meeting. 12. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special Informal meeting to discuss Inmate Population/Medical on Thursday, February 20, 2020 at 12pm in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 3, 2020 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 10, 2020 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 17, 2020 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Special Informal meeting to discuss the Park's Master Plan on Tuesday, March 17, 2020 at 1pm in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. 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. 111 Page