Loading...
HomeMy WebLinkAboutMinutes 06.16.2020 (2)LUCE o �- C C= Q U L L2 r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 16, 2020 1. CALL TO ORDER Convened: 9:01 AM Adjourned: 10:48 AM The meeting was called to order at 09:01 AM by District No. 5, Chair Cathy Townsend resent 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 Mark Satterlee, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney Leslie Olson, Planning and Development Services Director Doug Baber, HR Manager Erick Gill, Communications Division Director Edward Matthews, Parks & Recreation Director Gino Butto, Chief Information Officer Nicole Fogarty, Legislative Affairs Division Director Angela Riggins, Deputy Clerk 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM Chair Townsend opened the meeting for public comment at this time. The following citizens addressed the board: • Jacqueline Fitzpatrick spoke about safety concerns on Indian River Drive. • Raja Talati spoke about COVID-19 concerns. • Thomas Lanahan, Treasure Coast Regional Planning Council spoke on revolving loan fund. • Mark DeRosa spoke about safety concerns on Indian River Drive and millage rates • Pete Tesch, President of the Economic Development spoke about unemployment rates and revolving loan fund. • Monica Yeschek spoke about safety concerns on Indian River Drive. • Dan Divan spoke about safety concerns on Indian River Drive. • Howard Tipton, County Administrator provided an update on COVID-19 There being no one else wishing to address the Board, Chair Townsend closed public comment. S. APPROVAL OF MINUTES A motion was made to approve all sets of minutes and it passed unanimously. RESULT: APPROVE 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 I EXCUSED: None A. Board of County Commissioners minutes for the Regular meeting of May 19, 2020 6. PROCLAMATIONS APPROVAL There were no items scheduled. 7. PRESENTATIONS There were no items scheduled. Commissioner Mitchell acknowledged June 19th as Juneteenth Holiday with a reading. 8. CONSENT AGENDA 21Page BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM 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 List 33 Adopted by Consent Vote B. COUNTY ATTORNEY 1. After the Fact Revocable License Agreement - Evans Properties, Inc. - Parcel ID 3205-323- 0026-000-8 - Fence Adopted by Consent Vote 2. Revocable License Agreement - Florida City Gas - River Park - Port St. Lucie Safe 3 Phase 1 Adopted by Consent Vote 3. Transit Intermodal Facility - Facilities Use Agreement with MV Contract Transportation, Inc. Adopted by Consent Vote 4. Resolution No. 20-116 - Approving the issuance by the Housing Finance Authority of St. Lucie County of its Multifamily Housing Revenue Bonds Adopted by Consent Vote Commissioner Hutchinson asked that Katherine Barbieri, Assistant County Attorney clarify the bonds do not affect the County's rating. 5. Revocable License Agreement - 10009 South Indian River Drive - Parcel ID 3529-231-0006- 000-5 - Proulx 31Page BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM Adopted by Consent Vote C. ENVIRONMENTAL RESOURCES 1. Budget Resolution — NAAEE/ NOAA-21st Century Community Learning Centers Watershed STEM Education Partnership Grant Adopted by Consent Vote 2. Bid Award 20-044 - Becker Ten Mile Creek Oxbow Restoration Adopted by Consent Vote D. FACILITIES 1. Trane - St. Lucie County Administration Chiller Service Agreement Adopted by Consent Vote 101111111111111111►11013f•Tit i[0 LiiiX0I:I►[Q1191H9 1. Laserfiche Development Clone Server Implementation Project Adopted by Consent Vote F. PUBLIC SAFETY 1. Resolution - Emergency Management Preparedness Federally Funded Grant (EMPG) - PULLED PRIOR TO MEETING 2. Resolution - Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant - PULLED PRIOR TO MEETING 3. Resolution - Federally -Funded Emergency Management Preparedness - COVID-19 Supplemental Grant (EMPG-S)- PULLED PRIOR TO MEETING 4 1 P a g e BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM G. PUBLIC WORKS 1. Resolution - FDOT ROW MOA - Midway Road Widening (Glades Cut -Off Road to Selvitz Road) Adopted by Consent Vote 9. PUBLIC HEARINGS There were no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Amended and Restated Agreement - Harbortown Marina Dredging Daniel McIntyre, County Attorney presented this item. On December 2, 2014, the County and the then owner of Harbortown Marina entered into an agreement pertaining to dredging a portion of Taylor Creek. The County has permits for dredging all segments of Taylor Creek including the areas adjacent to Harbortown Marina. The County has received grant funds from the State of Florida in the amount of $585,210.00 for dredging, muck removal and construction management services for a portion of Taylor Creek. Harbortown and the County desire to use the County's permits and the grant funds received from the State to dredge areas adjacent to Harbortown's existing docks located on Taylor Creek. The proposed dredging will benefit the County because removal of the muck sediments from Taylor Creek is the primary goal of the County's Taylor Creek Restoration Project. Staff recommended that the Board approve the amended and restated agreement and authorize the Chair to sign the agreement. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 51Page BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM 2. Port of Fort Pierce - Past Due Invoices to McCully Marine Services, Inc. for Vessel Dockage and Wharfage Commissioner Townsend recused herself from this item. Commissioner Dzadovsky took over as Chair. Dan McIntyre, County Attorney presented this item. Between September 8, 2019 and October 20, 2019, McCulley Marine Services, Inc. docked vessels at the Port of Fort Pierce. The vessels were being used to transport relief supplies to the Bahamas following Hurricane Dorian. As indicated in the attached invoices, the charges for this use total $22,612.57. To date, these invoices remain unpaid. McCulley contends it was under the misimpression that the fees would be waived pursuant to the Board's decision to waive dockage fees for non- profit entities which were involved in the relief effort. McCully is a for profit corporation, however, and therefore not eligible for the fee waiver. Staff had engaged in discussion with McCulley and its attorney to resolve the matter, but these discussions had been unsuccessful to date. Staff requested direction from the Board regarding whether to (1) accept the proposed settlement offer from McCulley Marine Services, (2) continue settlement negotiations, or (3) file suit for the unpaid fees. Commissioner Hutchinson acknowledged late submitted letters, which were distributed for review. Cliff Barnes, representative for McCully Marine Services Inc. provided a brief presentation. A motion was made to approve the amended staff recommendation to continue negotiations and report to the Board at the next meeting. Staff directed to move forward with the artificial reef process. The motion was seconded, and it passed 4-0, with Commissioner Townsend abstaining from the vote. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: None ABSTAIN: Cathy Townsend a BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM B. ENVIRONMENTAL RESOURCES C. 1. John Evanisko Wetland Waiver Jennifer McGee, Environmental Planner presented this item. The applicant, Mr. John Evanisko, requests waiver approval to impact 0.23-acres of Category I wetlands in order to develop a single family residence and associated improvements on Lots 4 & 5 of Merry Bee Drive in Fort Pierce, as recorded in Plat Book 6 Page 40 of the public records of St. Lucie County. Staff recommended the Board approve the applicant's request for a Category I wetland waiver in accordance with Comprehensive Plan Policy 6.1.14.3 and authorize the Chair to sign documents as approved by the County Attorney. A motion was made to approve staff recommendation. The motion was seconded, and it passed 4-1. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell AYES: Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: Chris Dzadovsky 1 EXCUSED: None PARKS & RECREATION 1. Lakewood Regional Park Proposed Public Potable Water Connection (Plan and Design) 3rd Amendment to Work Authorization No. 03 Under Contract C14-09-397 Dan McIntyre, County Attorney presented this item. The amendment included additional surveying to extend a 8" watermain approximately 800' into the park to provide a fire hydrant within a reasonable distance (near where the dry hydrant is now) to afford the concession stand and pool area fire protection. The cost to perform all additional services shall not exceed a total amount of $48,440.00 (forty-eight thousand four hundred forty and 00/100 dollars) for a total work authorization amount not to exceed $115,940.00 (one 71Page BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM hundred fifteen thousand nine hundred forty and 00/100 dollars). No reimbursable expenses will be paid pursuant to this work authorization. Staff recommended Board approval of the third amendment to Work Authorization #3 for additional funds to complete revisions for the Lakewood Park Regional Park Proposed Potable Water Connection, under agreement No. C14-09-397 and authorization for the Chair to sign the second amendment as drafted by the County Attorney's office. 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 EXCUSED: None D. PLANNING & DEVELOPMENT SERVICES 1. Orchid Island Juice Company Expansion - Major Adjustment to Major Site Plan Kristopher Mccrain, Associate Planner presented this item. The applicant, Orchid Island Juice Company, and representative, Stef Matthes, P.E of Culpepper & Terpening, Inc., are requesting a Major Adjustment to Major Site Plan to develop an additional 76,700 square feet of manufacturing space and office space. Orchid Island Juice Company (AKA Natalie's Orange Juice), a St. Lucie County Targeted Industry, purchased the existing 55,500 square foot facility in 2018, completing a commercial renovation to install storage coolers, insulation, and refrigeration equipment. In addition, they installed two (2) concrete slabs to support production equipment before receiving a Zoning Compliance for the new warehouse and distribution center. Staff recommended Board approval of the requested major adjustment to the existing site plan subject to the conditions of approval and authorize the Chair to sign documents as approved by the County Attorney. A motion was made to approve staff recommendation and direct staff to organize a joint meeting with the city of Fort Pierce. The motion was seconded, and it passed unanimously. 8 1 P a g e BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None E. SHERIFF'S OFFICE 1. Request for a Budget Amendment for Ransomware Attack and Response to COVID-19 Pandemic of $1,042,117.00 Staff recommends that the Board approve the request for reimbursement and budget amendment for FY 2019-2020 in the amount of $1,042,117.00. Ken Mascara, Sheriff presented an amended budget to the Board based on challenges faced by the St. Lucie County Sheriff's Office in fiscal year 2019/2020. Staff recommended that the Board approve the request for reimbursement and budget amendment for FY 2019-2020 in the amount of $1,042,117.00. Rationale for request: • Ransomware attack December 2019-January 2020 o $486,000 for virus mitigation, consulting, hardware, and software. *An insurance claim has been filed. When the agency is reimbursed, we will reimburse the County*. Coronavirus Pandemic March 2020-present: • Purchases of PPE and sanitation supplies $167,175. • Increased food costs due to trustees being quarantined $72,142. • Nursing contract for specialized nursing services for Covid-19 positive inmates as recommended by the State DOH $316,800. • Additional unbudgeted staff overtime due to 16 deputies being quarantined (cost TBD). A motion was made to approve staff recommendation and it passed unanimously. 91Page BOCC Regular Meeting Tuesday, June 16, 2020 9:00 AM 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 EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 7, 2020 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, July 14, 2020 at 9am 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 a Regular meeting on Tuesday, July 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. 10 1 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, AUTHOR", OR COMMITTEE Townsend, Cathy St. Lucie County Board of County Commissioners MAILINGADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2300 Virginia Avenue WHICH I SERVE IS A UNIT OF: L3 CITY CdCOUNTY Q 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 isfor use by any person serving at the county, city, or other local level of government on an appointed melected board.council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.8143. Florida Statutes. Your responsibilities under the law when faced with voting onameasure in which you have econflict of interest will vary grea tly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. Aperson holding elective mappointive county . municipal, orother local public of fice MUST ABSTAIN from voting onomeasure which would inure tohis nrher special private gain orloss. Each elected orappointed local officer 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 tsined (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; ortothe special private gain orloss nfebusiness associate. Commissioners ofcommunity redevelopment agencies (CRAa)under See. 163.356 or 163.357, 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 ofthis law, a^ne!o¢ive^includes only the offioar'ofather, mother, son, daughter, husband, wife, brother, sister, hather-in-law, 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 uoineao 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 onany national orregional stock exohonge). 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 interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes ofthe meeting, who should incorporate the form inthe minutes. Although you must abstain from voting in the situations described above, you are not prohibited by Section 1 12.3143from otherwise participating inthese matters. However, you must disclose the nature cf the conflict before making any attempt toinfluence dh edeoision. whether orally orinwriting and whether made byyou oragyour direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE ^ You must complete and file this form (before making any attempt to influence the decision)with the person responsible for re cording the minutes ofthe meeting, who will incorporate the form inthe minutes. (Continued nnpage 2) osFORM oa-spF.x/2ox PAGE 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 filed. IF YOU MAKE NC ATTEMPT TC INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature or your conflict in the measure before participating. • You must complete the form and file it within 15 days after the dote occurs with the person responsible for recording the minutes or the meeting, who must incorporate the form it 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 at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Cathy Townsend , hereby disclose that or June 16 20 20 (a) A measure came or will come before my agency which (check one or more) inured to my specia, 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, Son had a business arrangement with McCulley Marine Services, Inc. inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, 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 Itern 10.A.2. - 10.A.Z. fort of Fort Pierce Past Due Invoices to McCulley Marine Services, Inc. for Vessel Dockage and Wharfage , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys. a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest i n such a way as to provide the public with notice of the conflict. June 23, 2020 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE" fO MAKE ANY REAUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE. OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPEN51ON FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $112,000. CE FORM 8B - EFF. 11/20`3 PAGE 2 Adopted by reference in Rule 34-7.01 0(1)(f), F.A.C.