Loading...
HomeMy WebLinkAboutMinutes 03.05.2019T. LUr@PE COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 5, 2019 Convened: 6:02 PM Adjourned: 6:50 PM 1. CALL TO ORDER The meeting was called to order at 6:02 PM by District No. 3, Chair Linda Bartz Attendee Name Title Linda Bartz District No. 3, Chair Cathy Townsend District No. 5, Vice -Chair Chris Dzadovsky District No. 1 Sean P. Mitchell District No. 2 Frannie Hutchinson District No. 4 Howard Tipton Administrator Status Arrived Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Jeffrey Bremer Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks & Recreation Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Douglas Baber HR Manager Present 6:00 PM Stan Payne Director of Port & Airport Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM JoAnn Riley Brittany Jones Property Acquisitions Manager Present Recording Secretary Present 6:00 PM 6:00 PM 2. INVOCATION The County Administrator led the invocation. Generated 3181201911:00 AM Regular Meeting Tuesday, March 5, 2019 6:00 PM 3. :j 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 19, 2019 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5, Vice -Chair AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson PROCLAMATIONS APPROVAL A. Resolution Proclaiming March 24, 2019 as "Warriors on the Water Day" in St. Lucie County, Florida. A motion was made to adopt the resolution and it passed unanimously. Chair Bartz presented the proclamation to Evelyn Dodd, president of Friends of Savannas Preserve State Park & coordinator of the Warriors on the Water, who accepted it with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Sean P. Mitchell, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson B. Resolution Proclaiming the Month of March 2019 as "American Red Cross Month" in St. Lucie County, Florida. (Item heard prior to 5.A.) The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Bartz presented the proclamation to Phill Brodeur, Community Volunteer Leader for the American Red Cross, who accepted it with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5, Vice -Chair SECONDER: Sean P. Mitchell, District No. 2 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 2 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM 6. PUBLIC COMMENT (excluding Public Hearing items) Chair Bartz opened the meeting for public comment at this time. The following individuals addressed the Board: • Michael Cabral, 310 Olive Ave., spoke on economic issues and his suggestion of a barter based economy; submitted document for the record, • David Conrad, resident of Lakewood Park, spoke on issue of yard debris pick-up from his neighborhood. Commissioner Townsend addressed his concerns and advised him to speak with her aide for the office's contact information, • Bill Hearn, St. Lucie County resident, had a question on the Port item. Staff informed him that the item in question had been pulled from the agenda prior to the meeting. There being no one further wishing to address the Board, Chair Bartz closed public comment. 7. PRESENTATIONS There are no items scheduled. HOUSEKEEPING ITEMS The County Administrator noted the following changes to the agenda: The following item was amended prior to the meeting: • Item 9.A.3. (Request for an Order to demolish unsafe structure at 5260 Deanna Lane, Fort Pierce in St. Lucie County, FL) The following item was added to the agenda: • Item 10.A.3. (Status Update to the Board — Contract Negotiations with Derecktor) The following item was pulled prior to the meeting: • Item 10.A.2. (RFQ No. 18-049, Operation and Development of the former Indian River Terminal at the Port of Fort Pierce with Derecktor) 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. 3 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson A. WARRANTS 1. Warrant Lists 20 & 21 B. ADMINISTRATION 1. Non -Binding FAU Habor Branch MOU C. AIR & SEA PORT 1. Acceptance of Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (JPA) for the Maintenance and Repair Overhaul (MRO) Hangar Project 2. Acceptance of Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) for Freight Logistics Zone Study at Treasure Coast Int. Airport D. COUNTY ATTORNEY 1. Reauthorizing the Levy for the Local Option Fuel Tax - Permission to Advertise 2. Resolution - Right of Way Donation - 20 feet on Rogers Road - Ronald and Candace Myers - Parcel ID 2419-443-0002-000-7 3. Federal Emergency Management Agency (FEMA) Public Assistance Eligibility Determine - St. Lucie County, PA ID 111-99111-00 FEMA-4337-DR-FL, Project 25105 E. COMMUNITY SERVICES There are no items scheduled. F. COOPERATIVE EXTENSION There are no items scheduled. G. COURT ADMINISTRATION There are no items scheduled. ;� �i►AIL'%]i•1��i1��1i1�.i���1�1.T�� There are no items scheduled. 4 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM I. FACILITIES There are no items scheduled. J. HUMAN RESOURCES There are no items scheduled. K. INFORMATION TECHNOLOGY There are no items scheduled. L. LIBRARY SERVICES There are no items scheduled. M. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. N. OFFICE OF MANAGEMENT & BUDGET 1. FY 2019-2020 Budget Submittal Extension for Sheriff O. PARKS & RECREATION 1. Resolution - Budget Resolution Insurance Recovery Funds - Wind Storm Damage to First Data Field Warning Tracks 2. Ft. Pierce Yacht Club - Charity on the Water Poker Run 2019 3. Resolution - Budget Resolution Allocation of User Fees and User Fees Non Taxable Funds P. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. Q. PUBLIC SAFETY There are no items scheduled. R. PUBLIC WORKS There are no items scheduled. S. SHERIFF'S OFFICE There are no items scheduled. 5 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM T. SOLID WASTE There are no items scheduled. U. SUPERVISOR OF ELECTIONS There are no items scheduled. V. TRANSPORTATION PLANNING ORGANIZATION 1. Retro-active Approval of Surface Transportation Block Grant Funding for Fiscal Year 18/19 2. Approval of Federal Metropolitan Planning Grant Funding for Fiscal Year 18/19 3. Federal Transit Administration Notification of Funding for Fiscal Year 18/19 W. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Exchange Agreement between Taylor and St. Lucie County This item was presented by the Properties Acquisition Manager, JoAnn Riley. The County contracted with Fountain Engineering to build the Indian River Estates Stormwater project. Fountain then contracted with Taylor to utilize the parcel shown as Taylor "A" located just South of Easy Street as a staging/storage area. As the Board is aware, Fountain did not complete the project and ultimately declared bankruptcy. The County was forced to declare an emergency and contract with other contractors to complete the project. The County filed suit against Fountain, Fountain's insurer, the CEI firm and Fountain's surety. Ultimately the County recovered approximately $1,650,000. As a result of Fountain abandoning the project and declaring bankruptcy, Fountain also failed to clean up the Taylor "A" site as required. Taylor filed suit against Fountain's surety but the judicial resolution of this dispute is uncertain. Taylor has asked the County for assistance. County staff identified the possibility of an exchange of property between the County and Taylor. As indicated on the map the County owns property near the Taylor "A" parcel. The County "C" property is 22 acres and as indicated on the aerial is a stormwater pond. The County obtained this parcel from FDOT in January of 2008. The County also owns the County "D" parcel which is approximately 4 acres and has frontage on U.S. 1. The County acquired this property from FDOT in May of 2003 for right-of-way to preserve 6 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM the option to connect a future alternate north -south corridor to U.S. 1 based on a preliminary engineering study. County staff is suggesting the County consider exchanging a portion of the County "D" (1.754 acres) property adjacent to the Taylor "B" property for the Taylor "A" (4.247 acres) property. The County would retain the South 160' of County property "D" for future right-of-way. This exchange could benefit the County in at least 2 ways as follows: Since the Taylor "A" property is adjacent to the existing County stormwater pond (County "C" property) the stormwater pond could be expanded to accept storm water discharges from future Indian River Estates stormwater projects and the preliminary engineering study referenced above identified the need to acquire a portion of the Taylor "A" property for future right-of-way for the north -south alternate road if the alternate is ever built. To allow the Board to make an informed decision on the feasibility of the proposed exchange, County staff proceeded with some preliminary due diligence on the Taylor "A" property which included preliminary title work, appraisals and a Phase Environmental Audit. The County also ordered preliminary title work and appraisals on the County property "D". Under Florida Law (Section 125.37, Florida Statutes), the County must hold a public hearing and adopt a Resolution before exchanging County property. The Board granted permission to advertise a public hearing on February 5, 2019 and notice was published in the Tribune on February 8 and February 15, 2019. Staff recommended that the Board determine if it wishes to exchange property with Taylor and, if the Board authorizes the exchange, approve the draft Resolution, authorize the Chair to sign the resolution and the exchange agreement and direct staff to record the documents in the public records of St. Lucie County, Florida. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5, Vice -Chair AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 2. Public Hearing to Declare Certain Real Property to be Surplus The Properties Acquisition Manager, JoAnn Riley, presented this item. As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 11-014, prescribing an alternative method to sell and convey real property owned by the County. 7 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM There is a list of three (3) parcels conveyed to St. Lucie County by Tax Deed. These vacant parcels are located throughout the County as shown on the map. The parcels range in size from .03 to .16 acres. The Property Acquisition Division issues a memorandum to all departments requesting that they advise if there was any interest for these parcels. No department expressed an interest. Section 32-28 of the Code of Ordinances of St. Lucie County requires the County to publish a notice in a newspaper of general circulation once at least twenty (20) days prior to the Board of County Commissioners hearing in which the real property is to be declared surplus. On February 13, 2019, we published a Notice of Intent in the St. Lucie News Tribune advertising a Public Hearing to be held on March 5, 2019. Staff recommended that the Board declare the list of three (3) parcels surplus and direct staff to dispose of the parcels according to Ordinance No. 11-014. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5, Vice -Chair SECONDER: Sean P. Mitchell, District No. 2 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 3. Request for an Order, pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 5260 Deanna Lane, Fort Pierce in St. Lucie County, FL Assistant County Attorney, Katherine Barbieri, presented this item. Under the provisions of Appendix A, Local Arts, Article VII of Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, the building at 5260 Deanna Lane in Fort Pierce, located in St. Lucie County, Florida has been determined to be unsafe and to constitute a public nuisance. On September 18, 2018, the Board of County Commissioners declared the building to be unsafe and constituting a nuisance and authorized a public hearing to be held to consider appropriation to abate the safety hazards. To date, no permits have been applied for to bring this structure up to code. Notice was sent on August 24, 2018 and received August 27, 2018 and parties were advised that a public hearing would be held to determine what further action should be taken, which may include an Order to Demolish the structure and place a lien on the property. Staff recommended that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the properties 8 1 P a g e Regular Meeting Tuesday, March 5, 2019 6:00 PM of all junk, trash and debris, and assess the entire cost of such demolition against the real property, which shall constitute a lien payable to St. Lucie County, pursuant to the provisions of Appendix A, Local Arts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Compiled Laws. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Sean P. Mitchell, District No. 2 SECONDER: Cathy Townsend, District No. 5, Vice -Chair AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson B. PUBLIC SAFETY 1. St. Lucie County Certificate of Public Convenience and Necessity Application - Trans Mobility, LLC The Public Safety Director, Ron Parrish, presented this item. Trans Mobility, LLC has submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on January 29, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Accordingly, the Council voted 5-0 (2 absent) to approve the application. The Public Safety Director has notified the City Managers of Fort Pierce and Port St. Lucie of the pending application. To date, no response has been received from the cities. There are copies of the application and Sections 18-54 and 18-56 of the St. Lucie County Code of Ordinances. Notice of the March 5, 2019 public hearing was published in the News Tribune on February 4, 2019. Staff recommended the Board determine the application of Trans Mobility, LLC, for a Class F Certificate of Convenience and Necessity meets the standard of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. 9 1 P a g E Regular Meeting Tuesday, March 5, 2019 6:00 PM RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 2. St. Lucie County Certificate of Public Convenience and Necessity Application - Stellar Transport Incorporated, LLC This item was presented by the Public Safety Director, Ron Parrish. Stellar Transport Incorporated, LLC has submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meetings on January 29, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Accordingly, the Council voted 5-0 (2 absent) to approve the application. The Public Safety Director has notified the City Managers of Fort Pierce and Port St. Lucie of the pending application. To date, no response has been received from the cities. There are copies of the application and Sections 18-54 and 18-56 of the St. Lucie County Code of Ordinances. Notice of the March 5, 2019 public hearing was published in the News Tribune on February 4, 2019. Staff recommended the Board determine the application of Stellar Transport Incorporated, LLC, for a Class F Certificate of Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5, Vice -Chair SECONDER: Frannie Hutchinson, District No. 4 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Local Option Gas Tax Resolution - Notice of Intent to Levy This item was presented by County Attorney, Dan McIntyre. The distribution of proceeds from the levy of the $0.06 local option gas tax and the $0.05 local option motor fuel tax can either be distributed by Interlocal Agreement or by the default statutory formula. It appears that the City of Port St. Lucie is not interested in 10 1 Regular Meeting Tuesday, March 5, 2019 6:00 PM negotiating a new distribution formula. If the parties do not negotiate an Interlocal Agreement by June 1, 2019, state law requires that the County adopt a resolution of intent to levy the local option gas taxes prior to June 10, 2019. In an effort to move forward with the extension of the $0.06 local option gas tax and the $0.05 local option motor fuel tax, staff has drafted a proposed resolution of intent for consideration by the Board. Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Sean P. Mitchell, District No. 2 AYES: Bartz, Townsend, Dzadovsky, Mitchell, Hutchinson 2. Request for Qualifications (RFQ) No. 18-049, Operation and Development of the former Indian River Terminal at the Port of Fort Pierce - Lease and Franchise Agreement for the Development and Operation of the Former Indian River Terminal at the Port of Fort Pierce with Derecktor Fort Pierce, LLC (Item was pulled prior to the meeting. There was no discussion or presentation on this item.) 3. Status Update to the Board - Staff will Update the Board as to the Contract Negotiations with Derecktor The County Administrator, Howard Tipton, and the Director of Port & Airport, Stan Payne, both spoke on this item. On February 19, 2019 staff provided an update to the Board regarding the negotiations with the Board's selected candidate to operate the working waterfront at the Port of Fort Pierce - Derecktor. The County Administrator provided background information and stated staff continues to work towards drafting a final agreement with Derecktor. He stated several issues remain unresolved and the contract is not ready for the Board's consideration at this time. It was further stated that the negotiations thus far have proceeded well and staff will bring the item back as soon as it is ready. It was stated that no action from the Board is required at this time. The Director of Port & Airport spoke on the negotiation process to date and thanked the Board for their patience. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 12, 2019 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Regular Meeting Tuesday, March 5, 2019 6:00 PM B. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 19, 2019 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, April 2, 2019 at 6pm 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