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HomeMy WebLinkAboutMinutes 08.20.2019�ir Luc u i� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 20, 2019 1. CALL TO ORDER The meeting was called to order at 09:00 AM by District No. 3, Chair Linda Bartz Present Convened: 9:00 AM Adjourned: 10:00 AM Commissioner District 4 Frannie Hutchinson, Commissioner District 5 Cathy Townsend, Commissioner District 3 Linda Bartz, Commissioner District 1 Chris Dzadovsky, Commissioner District 2 Sean Mitchell, County Administrator Howard Tipton, County Attorney Dan McIntyre, Properties Acquisition Manager JoAnn Riley, OMB Director Jennifer Hill, Development Review Coordinator Linda Pendarvis, Recording Secretary Brittany Jones 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES There are no items scheduled. 5. PUBLIC COMMENT (excluding Public Hearing Items) Chair Bartz opened the meeting for public comment at this time. • Judith Brennan, 1223 Bayshore Drive, spoke about the gate and access road to Pineland Preserve. The County Attorney responded to the comments and stated that the County is currently in litigation regarding the access. There being no one further wishing to address the Board, Chair Bartz closed public comment. 6. PROCLAMATIONS APPROVAL There are no items scheduled. BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM 7. PRESENTATIONS There are no items 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 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None A. WARRANTS 1. Warrant List 45 Adopted by Consent Vote B. COUNTY ATTORNEY 1. Memorandum of Understanding St. Lucie County Fire District Adopted by Consent Vote 2. 2700 Industrial Avenue 3 - Permission to File Suit against Auto Care Center, Inc. and Eric Jones Adopted by Consent Vote 3. 8400 Picos Road - Lease Amendment No. 1 to General Services Administration Lease No. 57-4209-15-001 Adopted by Consent Vote C. ENVIRONMENTAL RESOURCES 1. Teague Hammock Legislative Appropriation Grant Agreement and Budget Resolution Adopted by Consent Vote D. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 19-037, Professional Engineering Services - Water & Wastewater Treatment Plant Design 2 1 P a g e BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM Adopted by Consent Vote 2. Request for Qualifications (RFQ) No. 19-033, Professional Engineering Services - North Hutchinson Island Septic Removal Project Adopted by Consent Vote 3. Request for Qualifications (RFQ) No. 19-039, Professional Civil Engineering Services - Continuing Contracts. Adopted by Consent Vote 4. Request for Qualifications (RFQ) No. 19-039, Professional Mechanical, Electrical & Plumbing Engineering Services - Continuing Contracts Adopted by Consent Vote 5. Request for Qualifications (RFQ) No. 19-039, Professional Structural Engineering Services - Continuing Contracts Adopted by Consent Vote 6. Removal of Asset from Land, Building & Improvements Capital Assets Adopted by Consent Vote E. PUBLIC SAFETY 1. Resolution - Emergency Management Preparedness Federally -Funded Grant (EMPG) Adopted by Consent Vote 2. Voice/Data Logging Recorder System Adopted by Consent Vote F. PUBLIC WORKS 1. Bid Waiver and Sole Source Determination FY19-20 Adopted by Consent Vote 2. Prima Vista Boulevard Milling & Resurfacing & Prima Vista Boulevard Drainage West of US 1- Facility Use Agreement Adopted by Consent Vote 3. Award Bid No. 19-062 - Purchase of Asphalt Adopted by Consent Vote 4. Sabal Creek IA Tax Collector Adopted by Consent Vote 5. Sabal Creek MSBU Budget Resolution 31Page BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM Adopted by Consent Vote 6. Property Clean-up MSBU Adopted by Consent Vote 7. Street Lighting Districts Annual Resolution Adopted by Consent Vote 8. Acceptance of Donations - Voici Bernadette Adopted by Consent Vote G. SHERIFF'S OFFICE 1. Authorization to apply for the 2019 Edward Byrne Memorial Justice Assistance (JAG) Grant - Local Solicitation Adopted by Consent Vote H. UTILITIES 1. Approve Request by City of Port St. Lucie to Extend Potable Water Service to Liberty Tire Recycling, Inc. Adopted by Consent Vote 2. CDM Work Authorization - Vero Beach Interconnect Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Public Hearing to declare three (3) parcels surplus property Parcel ID 2327-111-0003-000-2, 2327-124-0001-000-8 and 2327-321-0001-000-3 This item was presented by Properties Acquisition Manager JoAnn Riley. On July 27, 2015, the Clerk of the Circuit Court offered Parcel ID 2327-111-000-2, 2327-124-0001-000-8 and 2327- 321-0001-3 for sale via Internet Auction and there were no bidders. 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. As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 02-18, Ordinance No. 10-029 and Ordinance No. 11-014 prescribing an alternative method to sell, dedicate or donate real property owned by the County. The County has determined it has no need for these parcels. 4 1 P a g e BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM B 1. Section 32-28, St. Lucie County Code of Ordinances, requires the County 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 real property is to be declared surplus. On July 31, 2019, a Notice of Intent was published in the St. Lucie News Tribune advertising a public hearing to be held on August 20, 2019. Staff recommended the Board declare the three (3) parcels surplus property 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: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None OFFICE OF MANAGEMENT & BUDGET Resolution - Amendment to the Fiscal Year 2018-2019 Budget Jennifer Hill, OMB Director, presented this item. The audit of the Board of County Commissioners Fiscal Year 2018 Financial Statements has been completed and staff has calculated the actual beginning balances of numerous funds. Therefore, we are recognizing additional balance forward that was not appropriated in the 2018 adopted budget. Additionally, staff has found the need to revise certain revenue estimates and to establish transfers for various purposes. This resolution will amend the fiscal year 2018-2019 budget to reflect the actual beginning cash balances, revised revenue estimates and establish transfer. All of these changes total $22,018,891. This public hearing was advertised on Thursday August 15, 2019. Staff recommended Board approval of budget resolution amending the fiscal year 2018-2019 budget. 5 1 P a g E BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM 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: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. 1st Public Hearing - Second Amendment to Development Agreement with FVP Miami Lakes, LLC - Silver Oaks PUD Chair Bartz noted this item is quasi-judicial and asked for Commissioners' disclosures: • Commissioner Hutchinson spoke with the applicant and staff • Commissioner Dzadovsky spoke with the applicant and staff • Commissioner Townsend spoke with the applicant and staff • Commissioner Mitchell spoke with the applicant and staff • Chair Bartz spoke with the applicant and staff This item was presented by Linda Pendarvis, Development Review Coordinator. Public notice was mailed to owners of property within a 500 foot radius of the subject property and an ad was placed in the newspaper on August 11, 2019. The subject property consists of approximately 155 acres located at the southeast corner of Silver Oak Drive and Tilton Road approximately half a mile east of the intersection of Prima Vista Blvd and Lennard Road. On April 29, 2009, the County and Lennar Homes, LLC entered into a Development Agreement concerning the Silver Oaks Planned Unit Development (PUD). The term of the agreement was three (3) years. On October 12, 2012, the County entered into a First Amendment with FVP Miami Lakes, LLC, successor to Lennar Homes, LLC. The First Amendment extended the Agreement an additional five (5) years. The original approved site plan for Silver Oaks PUD contemplated the construction of two hundred thirty-four (234) multi -family units and ninety-one (91) single family units. The site also contemplated the preservation of forty-five point seventy-two (45.72) acres of wetland 6 1 P a g e BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM area and twenty-five point twenty-eight (25.28) acres of upland areas. The Developer dedicated the right of way for the proposed Lennard Road extension to the County in return for road impact fee credits. The Developer also agreed to pay certain assessments levied against single family residential property within Lennard Road MSBU No. 2 and MSBU No. 3. PROPOSED SECOND AMENDMENT The proposed second amendment to the April 29, 2009 Development Agreement proposes the following: 1. The Developer will convey 20.63 acres to the County as identified in Exhibit "A" to the Second Amendment for use as stormwater retention for the drainage basin and for the proposed Lennard Road extension. The acreage calculation was based on advice from Kimley- Horn consulting engineers who have been working with County staff on stormwater issues in the drainage basin. The Developer's conveyance will result in a reduction of nine (9) single family units from ninety-one (91) units to eighty-two (82) units. The County retained Daniel D. Fuller, MAI, to appraise the value of the Developer's proposed conveyance to the County. Mr. Fuller valued the conveyance at $390,000.00. 2. In consideration of the Developer conveying the property identified in Exhibit "A", the County would agree that the Developer's proportionate fair share contribution of $340,764.00 identified in Section 4 (J) of the Development Agreement has been paid in full. 3. The Developer is proposing that the term of the Development Agreement be extended for an additional twelve (12) years, which will be deemed effective and retroactively commencing upon November 1, 2017. State law provides that two (2) public hearings are required before an amendment to a Development Agreement can be approved. This is the first of two public hearings. Staff recommended that the Board authorizes staff to schedule the second required public hearing for the Silver Oaks PUD Development Agreement on September 3, 2019 at 6:00 PM or there soon after to consider the proposed Second Amendment to the April 29, 2009 Development Agreement. Chair Bartz opened the hearing for public comment at this time. The following individuals addressed the Board: • Susan Kane, 2315 SE Tilton Road, expressed concerns of water drainage, the protection of animals in that area and the impact to roads, • Frank Knott, 7474 Shanas Trail, expressed concerns of water drainage on Shanas Trail, • Mary McKieffer, St. Lucie County resident, expressed concerns of water drainage and spoke of changes in neighborhood dynamic, • Sandra Merryman, 7748 Bobcat Run, expressed concerns of the Lennard Road expansion and flooding, • Erica Lonabaugh, 2050 Tilton Road, expressed concerns of traffic and the safety of horses on the roads, as well as emergency routes and flooding, • Selma Schevers, 2000 Tilton Road, expressed concerns of flooding, safety of animals and changes in neighborhood dynamic, 7 BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM • Kevin Schevers, 2000 Tilton Road, commented on the existing permit, • Deborah McCorkle, 7650 Bobcat Run, expressed concerns of changes in neighborhood dynamic and the safety of animals in the area, • Judith Brennan, 1223 Bayshore Drive, expressed concerns of sewer treatment, • Cynthia Angelos, attorney representing FVP Miami Lakes, LLC, clarified the PUD zoning and the approval of the development that occurred in 2009 stating that conditions were put in place at that time. She addressed the drainage issues and spoke of a reduction in density. There being no one further wishing to address the Board, Chair Bartz closed the public hearing. No action is required at this time. The second public hearing will be on September 3, 2019 at 6:00 PM or as soon thereafter as the item may be heard. 10. REGULAR AGENDA riMINWi"I 0i111MRI IV111910 Appointment to the Planning and Zoning Commission - At Large Member Vacancy A vacancy was created on the Planning & Zoning Commission due to the passing of Bobby Hopkins. Staff recommended that the Board vote and appoint one at -large member from the applications submitted to fill the vacancy on the Planning & Zoning Commission. Using a ballot, each Commissioner selected one nominee to fill the at -large vacancy on the Planning & Zoning Commission. The County Administrator published the first set of votes from a list of 31 applicants and then published the second set of votes from the narrowed down list. By a majority of votes, Ryan Binner was appointed. B. COUNTY ATTORNEY 1. Amended and Restated Facilities Use Agreement - Replacement of Stadium Seats Installed Prior to 2011 The County Attorney presented this item. At the Board's August 13 informal meeting, County staff presented a PowerPoint presentation updating the Board on the status of the Stadium renovation including the status of the County funded items. One of the issues discussed was the possible replacement of stadium seats installed prior to 2011. County staff indicated that staff was intending to replace seat bottoms — but not the seat tops. At the meeting, the Board expressed a desire to replace the seats installed prior to 2011 including the seat tops. The estimated cost to replace the seats (bottoms and tops) is approximately $344,000.00 (scope description: install 4959 new Senator seats and backs and associated hardware and 8 1 P a g e BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM accessories under contract with Irwin Seating Company Quote No. 201900499). The cost to replace the seat tops is estimated at $130,000.00 to $160,000.00. At the August 13 informal meeting, County staff indicated that the estimated cost savings for owner direct purchases ("ODP") of items greater than $10,000.00 was $400,000.00. Unfortunately, subsequent to the August 13 meeting, County staff received a memorandum from a representative of the construction manager, Barton Malow, indicating that the estimated cost savings from ODP was $52,000.00 to $70,000.00. County staff is also reviewing the feasibility cost of providing UV protection for the seats and will report back to the Board at a later date. At the August 13 meeting, County staff indicated that the deadline to order the seats without impacting the schedule is Friday, August 23, 2019. Given this date and given the Board's desire to replace the seats, staff recommends that the Board authorize staff to order the replacement seats before Friday, August 23. Due to the uncertainty of the amount of ODP savings, staff recommends that the Board authorize funding the seat replacement from ODP savings supplemented as necessary from additional interest rate earnings. Staff recommended that the Board authorize staff to order the replacement seats from Irwin. Commissioner Townsend asked for an update on the possibility that ads be placed on the stadium seats to offset the cost. The County Attorney stated due to time constraints any additions to the seats such as UV protection or ads can be discussed later on once the seats have been purchased. Commissioner Townsend asked for clarification of the total price for the seats and the County Attorney said it is approximately $344,000. Commissioners Dzadovsky, Mitchell and Bartz expressed their support of this item as it will alleviate safety concerns at the stadium. Additionally, Commissioners Mitchell and Bartz stated their support of UV protection for the seats. A motion was made to approve staff recommendation and it 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 EXCUSED: None 11. ANNOUNCEMENTS Chair Bartz reminded everyone that with the start of a new school year to be extra careful 9 1 P a g e BOCC Regular Meeting Tuesday, August 20, 2019 9:00 AM driving. A. County offices will be closed on Monday, September 2, 2019 in observance of Labor Day. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 3, 2019 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 two Budget Hearings, on Thursday, September 5, 2019 and Thursday, September 19, 2019 respectively, as they consider and adopt the annual budget for FY2019/2020. Both hearings will be begin at 6:00 p.m. and will be held 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 an Informal meeting on Tuesday, September 10, 2019 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 17, 2019 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Commissioner Hutchinson suggested staff look into putting information about the TRIM notices on the County's website. Commissioner Dzadovsky stated they could use a video that has been used in the past. Further, Commissioner Hutchinson said that information on the school referendum and an explanation of which entity has control over which millage rates could be helpful to the public. 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 P a g