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HomeMy WebLinkAboutMinutes 03.03.2020'�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 3, 2020 1. CALL TO ORDER The meeting was called to order at 6:01 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 4 Frannie Hutchinson Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Convened: 6:01 PM Adjourned: 7:25 PM BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following citizens addressed the Board and all expressed concern about the high property tax rate and spoke in favor of property tax relief: • Mark Derosa • Paul Schall • Joe Edge • Kirsten Romero • Charlie Graff • William Rhodes • Lisa Parry • Jan Copeland • Sophie Carter • Christopher Willis • Diane Duhaime • Jerry Buechler • Chris Tompson • Mr. Thompson Sr. • Chris Reney (phonetic) • Victor Balaguer • Logan Zimmerman • Anthony Bonna • Joe James. There being no one further wishing to address the Board, Chair Townsend closed public comment. 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of February 18, 2020 A motion was made to approve the minutes from the meeting of February 18, 2020 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 2 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 6. PROCLAMATIONS APPROVAL A. Resolution No. 20-035 - Proclaiming March 2020 as "American Red Cross 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. On behalf of the American Red Cross, Phil Brodeur and Sarah Ruwe thanked the Board and accepted the proclamation with gratitude. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy AYES: Townsend, Frannie Hutchinson NAYS: None 7. PRESENTATIONS There were no presentations scheduled. 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 AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None A. WARRANTS 1. Warrant Lists 19-20 Adopted by consent vote B. AIR & SEA PORT 1. Work Authorization for Port of Fort Pierce Master Vision Plan & Reinvestment Strategy Adopted by consent vote 3 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 2. Grant and Budget Resolution Acceptance - Port of Fort Pierce Master Plan Adopted by consent vote C���L�I�I►11�7e�il�I:1►I�7 1. Kings Highway Conduit Installation - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Adopted by consent vote 2. Rosser Library - Parcel ID 4314-502-0015-000-5 - 10' and 15' Utility Easement in favor of the City of Port St. Lucie Adopted by consent vote D. HUMAN RESOURCES 1. Adoption of Updated Employee Safety Policy and Procedure Manual Adopted by consent vote E. PARKS & RECREATION 1. Civil War Re -Enactment 2020 Adopted by consent vote F. SOLID WASTE 1. Request to Exercise Purchase Option for Leased Equipment Adopted by consent vote 2. Award of Bid No. 20-017 Side Slope & Stormwater Ditch Mowing /Trimming Adopted by consent vote 4 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 9. PUBLIC HEARINGS A. ADMINISTRATION 1. Ordinance - Amending Chapter 32-102 of the St. Lucie County Code - Blind Creek Park - Continuance Requested The designation of Blind Creek Park as a clothing -optional beach was previously brought before the Board of County Commissioners at the September 10, 2019 Informal meeting. Staff recommended that the Board approve a continuance to Tuesday, March 17, 2020 for the amendment to Chapter 32-102 of the St. Lucie County Code of Ordinances which would allow a portion of Blind Creek Park to be designated as clothing optional. 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 continue the ordinance amendment to Tuesday, March 17, 2020 (or as soon thereafter as the item may be heard). The motion was seconded and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None B. COUNTY ATTORNEY 1. Public Hearing to Abandon a Portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East JoAnn Riley, Property Acquisition Manager, presented this item. Guettler Holdings, LLC requested to abandon Whiteway Dairy Road adjacent to their property located at 4401 Whiteway Dairy Road. Whiteway Dairy Road is an existing 30' right-of-way deeded to the County in 1927 for the purpose of a rightof-way and easement in and to said lands for public highway purposes. It is an unpaved roadway maintained by St. Lucie County and provides access to property adjacent to the roadway and connectivity and circulation between properties on Swain Road to Hartman Road. On February 4, 2020 the Board of County Commissioners approved continuing the Public Hearing to March 3, 2020 at 6:00 p.m. Staff recommended the Board accept the request from the applicant to continue the Public Hearing to April 7, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. Chair Townsend opened the hearing for public comment at this time. There being no one 5 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to continue the public hearing to April 7, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. The motion was seconded and it carried 4-0, with Commissioner Hutchinson abstaining from the vote. RESULT: CONTINUE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None ABSTAIN: Frannie Hutchinson 2. Public Hearing to declare seven (7) parcels surplus property - Parcel ID 1430-701-0024-000- 0, 1431-703-0034-000-2, 2327-214-0010-000-0, 2327-311-0001-000-2, 2334-600-0002-000- 8, 2405-601-0105-000-0 and 2427-702-0085-000-1 JoAnn Riley, Property Acquisition Manager, presented this item. The Clerk of the Circuit Court offered seven parcels for sale via Internet Auction and there were no bidders. Parcel ID 1430-701- 0024-000-0, 1431-703-0034-000-2, 2327-214-0010-000-0, 2327-311-0001-000-2, 2334-600-0002-000-8, 2405-601-0105-000-0 and 2427-702-0085-000-1. Pursuant to Section 197.502(7) Florida Statutes, the parcels were placed on the "lands available for taxes." Pursuant to Section 197.502(8) Florida Statutes, three years after the day the land was offered for public sale, the land shall escheat to the County in which it is located. The parcels escheated to St. Lucie County and the Escheatment Tax Deeds were recorded. Staff recommended the Board declare the seven parcels surplus property and direct staff to dispose of the parcels according to Ordinance No. 11-014. 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 to declare the seven parcels surplus property. The motion was seconded and passed unanimously. RESULT: APPROVE 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 A BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM C PLANNING & DEVELOPMENT SERVICES 1. Proposed Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for Self -Storage Facilities Limited to Enclosed Storage as a Conditional Use -Adoption Hearing Jodi Nentwick, Senior Planner, presented this item. The applicant, Jeremiah Baron & Co, Commercial Real Estate LLC, is requesting a Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for self -storage facilities limited to enclosed storage as a Conditional Use within the Commercial Neighborhood Zoning District. On January 16, 2020 the Planning and Zoning Commission voted 7-1 in favor of recommending the proposed amendment. Staff recommended the Board adopt Ordinance No. 2020-8 amending the land development code to allow for self -storage facilities limited to enclosed storage as a Conditional Use within the CN, Commercial Neighborhood, zoning district. 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 Ordinance No. 2020-8. The motion was seconded and it passed unanimously. 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 2. Baron Island Storage - Conditional Use Permit for a Self -Storage Facility Limited to Enclosed Storage in the CN, Commercial Neighborhood Zoning District - 9500 Block of S. Ocean Drive Jodi Nentwick, Senior Planner presented this item. The applicant, Jeremiah Baron & Co., Commercial Real Estate LLC, requested a Conditional Use Permit to develop a 20,290 sq. ft. self -storage facility with office, consisting of 77 enclosed air-conditioned units via single -story buildings with associated parking, drainage and utility infrastructure. The undeveloped 1.93- acre petition site is located on the west side of A1A on South Hutchinson Island, approximately two miles north of the Martin County boundary line. On January 16, 2020 the Planning and Zoning Commission voted 7-1 in favor to recommend the proposed conditional use permit. Staff recommended the Board continue the public hearing to April 7, 2020 at 6:00 p.m., or as soon thereafter, as the Hearing is pending the Board's action on Ordinance 2020-08. 7 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 3. This public hearing was Quasi -Judicial and the commissioners made the following disclosures regarding this item: • Commissioner Mitchell met with staff only • Commissioner Dzadovsky met with staff and the applicant's representative • Chair Townsend met with staff and the applicant's representative • Commissioner Bartz met with staff only • Commissioner Hutchinson met with staff only. 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 continue the hearing to April 7, 2020 at 6:00 p.m., or soon thereafter. The motion was seconded and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None Brydebell Rezoning - Amendment to the Official Zoning Atlas (Rezoning) from I (Institutional) to RS-3 (Residential, Single -Family - 3 du/ac) Bethany Grubbs, Planner, presented this item. The petitioner, Jay Brydebell, Sr. requested an Amendment to the Official Zoning Atlas from I (Institutional) to RS-3 (Residential, Single- Family-3du/ac) for two contiguous parcels located on the north side of Edwards Road. The Planning & Zoning Commission voted unanimously to recommend approval. Staff recommended that the Board approve the requested rezoning authorization. This public hearing was Quasi -Judicial and the commissioners made the following disclosures regarding this item: • Commissioner Mitchell met with staff only • Commissioner Dzadovsky met with staff only • Chair Townsend met with staff only • Commissioner Bartz met with staff only • Commissioner Hutchinson met with staff only. 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, March 3, 2020 6:00 PM A motion was made to approve staff recommendation. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 4. St. Lucie Gardens Apartments - Amendment to the Official Zoning Atlas (Rezoning) from RM-5 (Residential, Multiple -Family — 5 du/ac) to RM-9 (Residential, Multiple -Family — 9 du/ac) 322 Kitterman Road, Port St. Lucie, FL Kori Benton, Senior Planner, presented this item. The applicant, St. Lucie Gardens Apartments, LLC., requested a change in zoning of the parcel from the RM-5 (Residential Multiple-Family-5, du/ac) Zoning District to the RM-9 (Residential Multiple-Family-9, du/ac), for this 9.71-acre parcel. The petition is concurrent with a Major Site Plan application to develop 81 apartments and residential amenities, consistent with density allowance of the RM-9 zoning district. The Planning & Zoning Commission, at their August 15, 2019 meeting, voted unanimously to recommend approval of the request. Staff recommended approval of the zoning change via resolution 2020-034. This public hearing was Quasi -Judicial and the commissioners made the following disclosures regarding this item: • Commissioner Mitchell met with staff only • Commissioner Dzadovsky met with staff an the applicant • Chair Townsend met with staff only • Commissioner Bartz met with staff only • Commissioner Hutchinson met with staff only. 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. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 9 1 P a g e BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 4 Major Adjustment to the Harbour Ridge Final Planned Unit Development (PUD) Maintenance Area Site Plan for the project to be known as Harbour Ridge Lakeside Activity Center This item was presented by Kristopher McCrain, Associate Planner. Harbour Ridge POA, Inc. is requesting approval for a Major Adjustment to the Final Planned Unit Development Site Plan to reclassify the Harbour Ridge Maintenance Area as the Lakeside Activity Center. The Site Plan Adjustment will result in removal of the existing 3,262 ft2 maintenance building, construction of an 8,054 ft2 Activity Center, six pickleball courts, expansion of the vehicular and golf cart parking area, and associated landscaping. Harbour Ridge Yacht & Country Club PUD was originally approved by the Board on December 21, 1982 through Resolution No. 82- 174, consisting of 814 dwelling units with associated recreational amenities and subsequently received several site plan modifications, further outlined in the staff memorandum. Staff recommendrd the Board approve the Major Adjustment to the Harbour Ridge Final PUD Maintenance Area Site Plan for a project to be known as Harbour Ridge Lakeside Activity. This public hearing was Quasi -Judicial and the commissioners made the following disclosures regarding this item: • Commissioner Mitchell met with staff only • Commissioner Dzadovsky met with staff only • Chair Townsend met with staff only • Commissioner Bartz met with staff only • Commissioner Hutchinson met with staff only. Chair Townsend opened the meeting for public comment at this time. Mr. Steve Lochner, president of the Wide Waters property owners association (a subdivision adjacent to the subject property), spoke in support of the applicant's project. There being no one further wishing to address the Board, Chair Townsend closed public comment. A motion was made to approve staff recommendation. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 00] BOCC Regular Meeting Tuesday, March 3, 2020 6:00 PM 10. REGULAR AGENDA There were no items on the regular agenda. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 10, 2020 at 9am 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 Special Strategic Planning meeting on Tuesday, March 10, 2020 at 1pm at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. C. 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. D. 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. 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. III FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Hutchinson, Frannie St. Lucie County Board of County Commissioners MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2300 Virginia Avenue WHICH I SERVE IS A UNIT OF: 0 CITY 9COUNTY L3 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: St. Lucie County Fort Pierce St. Lucie DATE ON WHICH VOTE OCCURRED MY POSITION IS: This form is for use by any person serving at the county, city, mother local level of government ononappointed orelected bcard, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with avoting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting onameasure inwhich you have aconflict ofinterest will vary Oreodydepending on whether you hold an elective or appointive position. For this reason, please pay close attention tothe instructions onthis form before completing and filing the form. Aperson holding elective mappointive county . municipal, orother local public ofDce MUST ABSTAIN from voting nnemeasure *hich would inure to his or her special private gain or loss. Each elected or appointed localofficer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is re tainad (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the upooio| private gain or loss of business associate. Commissioners of community redevelopment agencies (CRua) under Geo. 163.358or168.357.F.S.. and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting inthat capacity. For purposes of this law, a "relative" includes only the of ficer's father, mother, son, daughter, husband, wife, brother, sister, father-in-|av mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a b uuineno enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of th e corporation are not listed unany national orregional stock exohongo). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interestin the measure unwhich you are abstaining from vnhng� and WITHIN 15DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Although you must abstain from voting inthe situations described above, you are not prohibited bySection 1 123143from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence th odeoision. whether orally orinwriting and whether made byyou orskyour direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~ You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) osFORM oa'EpF. 11m013 p*sE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fiiea. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DI5GUS51ON AT THE MEETING: • Yoj must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form .must be provided immediately to the other members of the agency, and the form must be read publicly ai the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Frannie Hutchinson hereby disclose that on March 3 20 20 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, Brother is the Petitioner inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent suosidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Board of County Commissioners Item 9.6.1. - Public Hearing to Abandon a Portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East If disclosuie of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public o" ir-er. who is also an attorney, may comply with the disciosure requirements of this section by disclosing the nature of the interest i n such a hav as to provide the public with notice of the conflict. March 3, 2020 Date Filed Signatures NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813- EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.