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HomeMy WebLinkAboutMinutes 10.01.2019V LUCE �- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 1, 2019 Convened: 6:00 PM Adjourned: 7:24 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Linda Bartz. Commissioners 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 Others Present County Administrator Howard Tipton, County Attorney Dan McIntyre, Deputy County Administrator Jeff Bremer, Deputy Clerk Alice Sennott 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A motion was made to approve the minutes for the Board of County Commissioners meeting on Tuesday, August 13, 2019 at 6:00 PM. The motion was seconded and it passed unanimously. RESULT: ADOPT 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 BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM S. PUBLIC COMMENT (excluding Public Hearing Items) Chair Bartz opened the meeting for public comment at this time. • Mark Gotz (154 NW Magnolia Lakes Blvd) spoke on lowering county tax rates • Christopher Thompson (549 SW Nautical Ave) spoke on lowering county tax rates There being no one else wishing to address the Board, Chair Bartz closed public comment. 6. PROCLAMATIONS APPROVAL A. Resolution No. 19-206 - Proclaiming the month of October 2019 as "National Domestic Violence 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. Chair Bartz presented the proclamation to Janet Farnan-Dyer, Resource & Volunteer Coordinator and Terri Hamrick, CEO, of SafeSpace, who thanked the Board and accepted it with gratitude. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None 7. PRESENTATIONS There were no presentations. 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPT 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 2 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM A. WARRANTS 1. Warrant Lists 50 & 51 Adopted by Consent Vote B. ADMINISTRATION 1. Resolution to accept funds for SLC Facilities used at the Sunshine Kitchen Adopted by Consent Vote C. COUNTY ATTORNEY 1. Contract for Sale and Purchase-Lennard/Kitterman Parcel-ST: 201-Church of God Prince of Peace of Port St. Lucie -Parcel ID 3415-501-0017-000-3 Adopted by Consent Vote 2. County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process Adopted by Consent Vote 3. Fourth Amendment to April 1, 2009 Agreement Adopted by Consent Vote 4. Fundraising and Sponsorship Policy Adopted by Consent Vote D. COMMUNITY SERVICES 1. Non -Profit Outside Agency Contracts Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Acceptance of Donations to the Environmental Education & Community Outreach Division (Oxbow Eco Center) Adopted by Consent Vote F. HUMAN RESOURCES 1. 2020 Health Plan Rates Adopted by Consent Vote 3 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM G. OFFICE OF MANAGEMENT & BUDGET 1. Advance payments - Tax Collector, Supervisor of Elections, & Sheriff Adopted by Consent Vote H. PARKS & RECREATION 1. Triumph Church and Kingdom of God in Christ (Waiver of Fees) Adopted by Consent Vote 2. Sunrise City Home of Original Lifestyles (Fee Waiver Request) Adopted by Consent Vote I. PUBLIC WORKS 1. Prima Vista Boulevard Milling & Resurfacing & Prima Vista Boulevard Drainage West of US 1 - Special Permit Adopted by Consent Vote 2. Award Bid No. 19-068 - Peacock Road at NSLRWCD C78 Culvert Replacement Adopted by Consent Vote 3. Award Bid No. 19-069 - Russo Road at FPFWCD Canal 6 Culvert Replacement Adopted by Consent Vote J. SHERIFF'S OFFICE 1. Law Enforcement Impact Fee Request in the amount of $267,264.00 for budget year 2018-2019 Adopted by Consent Vote 2. Request for distribution from the Law Enforcement Trust (LET) Fund in the amount of $50,194.00 for budget year 2018-2019 Adopted by Consent Vote K. SOLID WASTE 1. Requesting 4th Amendment to C18-12-835 to include the Solid Waste Department Adopted by Consent Vote 2. Bid Waiver and Sole Source Determination FY 19-20 Adopted by Consent Vote 4 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution - Public Hearing to abandon a portion of Gopher Hill Road a/k/a Gopher Ridge Road in the Hunt Subdivision JoAnn Riley, Property Acquisitions Manager, presented this item. The Property Acquisition Division received a Petition for Abandonment from Thomas and Cathy McFrederick requesting an abandonment of a portion of Gopher Hill Road a/k/a Gopher Ridge Road in the Hunt Subdivision as recorded in Plat Book 5, Page 47 of the Public Records of St. Lucie County, Florida. The rear of their property backs up to the North 15' of Gopher Hill Road a/k/a Gopher Ridge Road, an unimproved, unmaintained right-of-way. The McFrederick's have been using and maintaining the 15' for many years and would now like to abandon that portion of the road and add it to their property. County staff reviewed the petition to abandon a portion of Gopher Hill Road a/k/a Gopher Ridge Road and did not support the abandonment because there may be a future need for public use of that land. Mr. McFrederick provided an email requesting his Petition for Abandonment be withdrawn. Staff recommended the Board accept the withdrawal of the Petition for Abandonment from Thomas and Cathy McFrederick. 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 adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 2. Resolution - Public Hearing to abandon a portion of Poinsetta Avenue as shown on the Revised Plat of The Tropics Subdivision recorded in Plat Book 6, Page 21 JoAnn Riley, Property Acquisition Manager, presented this item. Mr. Richmond's request for abandonment of a portion of Poinsetta Avenue was previously denied because his two abutting property owners did not consent to the abandonment. Mr. Richmond has now received the consent of the abutting property owners and is requesting the Board of County Commissioners consider his Petition for Abandonment. Staff recommended the Board approve the Resolution. 5 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 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 adopt the resolution 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, AYES: Frannie Hutchinson NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Avalon Beach - Major Adjustment to Planned Unit Development (PUD) Site Plan - Resolution 2019-159 Bethany Grubbs, Planning Technician, presented this item. On August 13, 2019, a petition for Major Adjustment to the Avalon Beach Planned Unit Development (PUD) was presented to the Board, which voted to continue the hearing to September 3, 2019. This continuance was to allow the applicant additional time to research information requested by the Board and to address several concerns presented by the homeowners. The applicant requested approval to amend the Conceptual Architectural Models (Jeffrey Ray Models) to a set of Architectural Standards and Design Guidelines outlined by the Avalon Beach Architectural Committee. There would be no change to the approved site plan or final. Staff recommended the Board approve the request for a Major Adjustment to the Planned Unit Development (PUD) Site Plan. Chair Bartz opened the hearing for public comment at this time. • Mike Cvercko, resident of Avalon Beach, expressed concerns about the developer, the handling of the HOA, and the proposed adjustments to the PUD plan, and therefore advised the board to deny the applicant's request. There being no one further wanting to address the Board, Chair Bartz closed the public hearing. Commissioners Mitchell and Dzadovsky asked Mr. Cvercko for additional information about his concerns. Representing the applicant, Michael Huston with HGA Design Studio, spoke about how the applicant had addressed resident concerns. Mr. Huston further explained that any HOA issues were not part of the PUD petition and therefore were not fully 6 1 P a g P BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 2. addressed. Mr. Huston introduced the project manager and the new property manager, who spoke about the status of the HOA transition and explained how they were addressing HOA concerns. Commissioner Dzadovsky explained, and the County Attorney confirmed, that the residents' HOA concerns were beyond the scope of the PUD approval before the Board, and Commissioner Dzadovsky suggested several State agencies that Mr. Cvercko could contact to remedy any issues with the HOA. Commissioner Townsend restated that the Board cannot get involved in HOA disputes. Chairman Bartz suggested to the applicant's representative that better communication with the residents could help to eliminate problems and misunderstandings. Commissioner Townsend commented that the property management company is very reputable, and she believes that the residents can have confidence in that. A motion was made to adopt the resolution and, upon roll call, it passed unanimously. RESULT: ADOPT 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 Aviation Management & Repairs Hangar Request for Major Adjustment to the Treasure Coast International Airport (TCIA) Conditional Use Permit 4510 Tailwinds Drive Kori Benton, Sr. Planner, presented this item. The applicant, Fort Pierce FBO LLC., and operator, Aviation Management and Repairs, requested a Major Modification to an existing Conditional Use Permit for the Treasure Coast International Airport (TCIA) to construct a 62,400 sq. ft. Maintenance, Repair, and Overhaul (MRO) hangar facility which includes a 52,800 sq. ft. hangar, a 9,600 sq. ft. two-story office building, and support site improvements. The proposed facility design diverges from the adopted Airport Layout Plan (ALP), and therefore is classified as an adjustment to the primary Conditional Use in accordance with Section 11.07.05 of the LDC. Staff recommended approval with conditions. 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 the major modification with staff -recommended conditions and it passed unanimously. N BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 3 RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None Aviation Management & Repairs Hangar Height Variance from Airport Guiding Documents 4510 Tailwinds Drive Kori Benton, Sr. Planner, presented this item. The applicant, Fort Pierce FBO LLC. and operator, Aviation Management and Repairs, requested a Variance from the Airport Guiding Documents [7.04.01 (Table 7-10)] Maximum Building Height of the Utilities Zoning District, to construct a 62,400 sq. ft. Maintenance, Repair, and Overhaul (MRO) hangar facility which includes a 52,800 sq. ft. hangar (58 ft. in height), a 9,600 sq. ft. two-story office building, and support site improvements. The site is located on a 5.69 acre site within the TCIA, zoned U, Utilities and designated as T/U — Transportation Utilities by the Comprehensive Plan. Staff recommended approval of the requested variance. 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 the variance and it passed unanimously. RESULT: ADOPT 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 8 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution No. 19-196 - A Resolution Agreeing to have St. Lucie County Boundaries Altered to Move a 0.65 Acre Parcel from St. Lucie County to Indian River County and at the Same Time Transferring 5.56 Acres of Land from Indian River County to St. Lucie County. Mark Saterlee, Assistant County Administrator, presented this item. Oskar and Gretchen Szentirmai own the property located at 2498 S. Highway A1A. Part of the Szentirmai property is in Indian River County and part of it is in St. Lucie County. A proposed boundary change would allow for the entire Szentirmai property to be located in Indian River County and would assist in eliminating any confusion about the provision of services to the Szentirmai property. In order to make a boundary change more equitable, the properties located on the west side of Highway A1A, located between Highway A1A and the Indian River Lagoon, would be switched to being in St. Lucie County. Any boundary change would have to be approved by the Florida Legislature through the enactment of a general bill. The County Attorney's Office supports the boundary change and believes that it will have minimal impact on St. Lucie County, while eliminating confusion as to provision of services to the Szentirmai property. There will be a small reduction in the amount of ad valorem taxes collected; however, that amount will be more than made up annually when the property is developed. The County Attorney's Office recommends the Board support the boundary change. The Assistant County Administrator submitted for the record an email from the Indian River County property owner's attorney, conceptually agreeing to the boundary change with the understanding that the zoning of their current and adjacent properties would be kept consistent. A motion was made to approve the boundary change with a copy of the attorney email submitted for the record. The motion was seconded and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 9 1 P a g e BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 2 3. Resolution No. 19-201- Referring Applications to Name Public Facilities to the St. Lucie County Historical Commission for Review and Recommendation County Attorney Dan McIntyre presented this item. A proposed resolution would refer all applications to name public facilities to the St. Lucie County Historical Commission for review and recommendation. Staff recommended that the Board approve the resolution. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT 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 Resolution No. 19-204 - Supporting the development of a new turnpike exchange at Midway Road in St. Lucie County. County Attorney Dan McIntyre presented this item. At the September 10, 2019 Informal Board Meeting, the Board discussed supporting the development of a new Turnpike interchange at Midway Road in St. Lucie County. A proposed resolution to this effect was drafted. Staff recommended that the Board adopt the proposed resolution and to distribute to our State Legislative Delegation and to the Florida Turnpike Enterprise. A motion was made to adopt the resolution 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, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 101Page BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 4. Temporary Animal Shelter - Interlocal Agreement with City of Fort Pierce and City of Port St. Lucie Assistant County Attorney Heather Young presented this item. On September 10, 2019, the Board voted to not renew the agreement with Humane Society of St. Lucie County, Inc. An interlocal agreement with the City of Fort Pierce and the City of Port St. Lucie was proposed for the operation of a temporary animal shelter on behalf of the three entities. The interlocal agreement would provide for a term beginning retroactively on October 1, 2019 through March 31, 2020, or until such time as a permanent shelter becomes available or the term is extended or terminated upon mutual agreement of the parties, whichever first occurs. Each entity would contribute the amount of its Fiscal Year 2018-19 agreement with Humane Society of St. Lucie County, Inc. In the event the County contracts with a third party, each entity would be responsible for one-third of the amount of that contract. On or before February 1, 2020, the parties will evaluate the actual costs of operating the temporary shelter to determine if an adjustment in their respective contributions is warranted. The other parties would also provide employees to assist at the shelter as they are needed and available. Staff recommended the Board approve the proposed interlocal agreement. A motion was made to approve the proposed resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Aviation Management & Repairs Hangar Major Site Plan 4510 Tailwinds Drive Kori Benton, Sr. Planner, presented this item as part of agenda items 9.13.2 and 9.13.3. A motion was made to approve the major site plan and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None III BOCC Regular Meeting Tuesday, October 1, 2019 6:00 PM 11. ANNOUNCEMENTS A. The St. Lucie County, Indian River County and Martin County Board of County Commissioners will be participating in a Tri-County meeting on Thursday, October 3, 2019 at 9am in the Brown Center of the Indian River State College Main Campus located at located at 3209 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, October 8,2019 at 9am in Conference Room 3 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, October 22, 2019 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Public Hearing on the 2nd Public Hearing for the Second Amendment to Development Agreement with FVP Miami Lakes, LLC - Silver Oaks PUD is rescheduled for the October 22, 2019 BOCC public hearing at 9:00 A.M. or soon thereafter. 12. MOTION TO ADJOURN 121Page