HomeMy WebLinkAboutMinutes 12.17.2019'�r
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
December 17, 2019
1. CALL TO ORDER
Convened: 9:01 AM
Adjourned: 10:10 AM
The meeting was called to order at 9:01 AM 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 5 Cathy Townsend
Commissioner District 4 Frannie Hutchinson
Also Present
Howard Tipton, County Administrator
Daniel McIntyre, County Attorney
Alice Sennott, Recording Secretary
2. INVOCATION
The County Administrator led the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT (excluding Public Hearing Items)
Chair Townsend opened the meeting for public comment at this time. There being no one wishing to
address the Board, Chair Townsend closed public comment.
BOCC Regular Meeting Tuesday, December 17, 2019 9:00 AM
S. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the Reorganization meeting of November 19, 2019.
A motion was made to approve the minutes from the Reorganization meeting of
November 19, 2019 and it passed unanimously.
RESULT:
ADOPT
MOVER:
Commissioner District 3 Linda Bartz
SECONDER:
Commissioner District 1 Chris Dzadovsky
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend,
AYES:
Frannie Hutchinson
NAYS:
None
EXCUSED:
None
6. PROCLAMATIONS APPROVAL
A. Resolution No. 19-291 - Adoption of a resolution recognizing Zeta Phi Beta Sorority,
Incorporated's Centennial and celebrating their service and continued commitment to St. Lucie
County, Florida
The Recording Secretary read the proclamation into the record. A motion was
made to adopt the resolution and it passed unanimously. Chair Townsend
presented the proclamation to Lashonda Henderson, representing the Zeta Eta
Zeta chapter of Zeta Phi Beta Sorority, who thanked the Board and accepted the
proclamation with gratitude.
RESULT:
ADOPT
MOVER:
Commissioner District 2 Sean Mitchell
SECONDER:
Commissioner District 1 Chris Dzadovsky
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy
AYES:
Townsend, Frannie Hutchinson
NAYS:
None
EXCUSED:
None
7. PRESENTATIONS
There were no presentations.
8. CONSENT AGENDA
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BOCC Regular Meeting Tuesday, December 17, 2019 9:00 AM
Chair Townsend noted that consent item 8.C.4 was pulled from the consent agenda. Commissioner
Hutchinson commented that regarding item 8.H.2 (Tilton Rd. Drainage), she would like to discuss the
project at an informal meeting prior to completion of the project. Commissioner Dzadovsky highlighted
the construction projects under the consent agenda that were funded by the half -cent sales tax
initiative.
A. WARRANTS
2. Warrant Lists 9-10
Adopted by consent vote
B. AIR & SEA PORT
1. Grant Acceptance and Budget Resolution for FDOT Supplemental Funding for the Airport
Segmented Circle Project
Adopted by consent vote
2. Bid Award No. 19-073 - Airport's Segmented Circle Project
Adopted by consent vote
C. COUNTY ATTORNEY
1. Ordinance - Permission to Advertise - Amending the St. Lucie County Communications
Rights -of -Way Ordinance
Adopted by consent vote
2. Escheated Property - Transfer to the City of Port St. Lucie - Parcel ID 3325-544-0028-000-0,
3416-766-0005-000-4, 4304-502-0022-000-6, 4411-701-0286-000-4, 4411-701-0289-000-5,
4411-701-0290-000-5, 4411-701-0291-000-2, 4411-701-0292-000-9, 4411-701-0296-000-7,
4411-701-0300-000-9, 4411-701-0305-000-4, 4434-501-0082-000-1, 4434-600-0019-000-3,
4434-600-0053-000-3 and 4434-600-0056-000-4
Adopted by consent vote
b. Resolution - Special Warranty Deed from FVP Miami Lakes, LLC
Parcel ID 3414-501-0801-050-8 (part of)
Adopted by consent vote
4. 2700 Industrial Avenue 3 - Proposed Settlement Offer —
PULLED PRIOR TO MEETING
S. Request from Finance Director for BOCC Record Destruction
Adopted by consent vote
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BOCC Regular Meeting Tuesday, December 17, 2019 9:00 AM
D. COMMUNITY SERVICES
1. State Housing Initiatives Partnership (SHIP) Program FY 2019/2020 Allocation
Adopted by consent vote
1. Rock Road Jail Chiller Replacement Project
Adopted by consent vote
2. Amend Contract No. C19-02-139 TCIA MRO Hanger
Adopted by consent vote
F. INFORMATION TECHNOLOGY
1. Increase to Kronos Incorporated Contract C11-09-277 Annual Allowance Contract
Maximum
Adopted by consent vote
G. PUBLIC SAFETY
1. Inter -local Agreement between St. Lucie County and School Board of St. Lucie County
Regarding State -Owned Generators
Adopted by consent vote
H. PUBLIC WORKS
1. Award Bid No. 20-009 - Tilton Road Drainage Improvement Project
Adopted by consent vote
2. Delaware Avenue Project - Work Authorization No. 7 Captec Engineering Inc.
Adopted by consent vote
3. Resolution - Highway Maintenance Memorandum of Agreement with Florida Department
of Transportation - Installing Roadway Lighting at CR-712 Midway Road from SR-
70/Okeechobee Road to 600 feet south of SR-70/Okeechobee Road
Adopted by consent vote
4. Prima Vista Boulevard Resurfacing - Special Permit
Adopted by consent vote
5. Transportation Trust Emergency Reserves General Fund Transfer
Adopted by consent vote
6. Midway Road at Shinn Road Culvert Replacement Change Order No. 2
Adopted by consent vote
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7. Kings Highway at Indrio Road Improvements FDOT Grant Agreement - Amendment No. 3
Adopted by consent vote
8. Freightliners — Payment In Lieu of Sidewalk Construction
Adopted by consent vote
9. Additional Funding Request - Midway Road Repaving; Avenue Q Repaving; Orange Avenue
Guardrail
Adopted by consent vote
10. Installation of 3-Way Stop Sign at Walton Road and Indian River Drive Intersection
Adopted by consent vote
11. Grant Acceptance - Taylor Creek Restoration Muck Removal Design
Adopted by consent vote
12. Budget Resolution - Taylor Creek Muck Restoration Project (FDEP Agreement No. LP0050)
Adopted by consent vote
I. UTILITIES
1. Banner Utility Software Upgrade
Adopted by consent vote
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance No. 19-018 - Amending Chapter 6 (Animals) by amending Section 6-31 (Traveling
Animal Shows) and Section 6-86 (Animal Shelter Inspections)
Assistant County Attorney Heather Young presented this item. Proposed Ordinance No. 19-
018 would amend Chapter 6 (Animals) of the Code of Ordinances by amending Section 6-13,
"Traveling Animal Shows" to reduce the permit application period from sixty to thirty days to
reflect the fact that veterinary certifications are only valid for thirty days. In addition, the
ordinance would provide for St. Lucie County Fair Association, Inc. to apply for a single
annual permit to cover each of the traveling animal shows with which the Fair Association
contracts to appear during the annual St. Lucie County Fair. The ordinance would also
prohibit the use of elephants in traveling animal shows appearing in the unincorporated
areas of the County in recognition of the mental and physical stress and potential for abuse
resulting from such use has upon elephants and the resulting harm to the members of the
public as the result of an elephant's response to such stress and abuse. Staff recommended
the Board adopt proposed Ordinance No. 19-018 as drafted.
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BOCC Regular Meeting Tuesday, December 17, 2019
9:00 AM
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 and it passed unanimously.
RESULT:
ADOPT
MOVER:
Commissioner District 1 Chris Dzadovsky
SECONDER:
Commissioner District 4 Frannie Hutchinson
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend,
AYES:
Frannie Hutchinson
NAYS:
None
B. PUBLIC WORKS
1. South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU
Barbara Guettler, MSBU Coordinator, and Joshua Revord, Coastal Engineer, presented this
item. Items 9.13.1, 9.13.2, and 9.13.3 were discussed together. The County is currently
investigating the feasibility of several options to partially fund the cost of providing ongoing
beach and dune restoration improvements associated with a Federal beach project (from
Normandy Beach south, approximately 3.4 miles, to the Martin County line). The following
options are those relating to the creation of Municipal Services Taxing Units ("MSTUs"). On
South Hutchinson Island, from Normandy Beach to the Martin County line, there are
approximately 2848 taxable parcels east of A1A and 3430 taxable parcels west of A1A. Per
Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's
option to levy ad valorem taxes in the MSTUs starting in 2020, the County must hold
advertised public hearings and create the MSTUs prior to January 1, 2020. The creation of
the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it
simply preserves the County's option to do so, if it is found to be the most feasible funding
option. The determination as to how much ad valorem revenue to be raised in the MSTUs, if
any, and the corresponding millage rate for each MSTU would be determined by the Board
during its budget deliberations next year.
Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on
South Hutchinson Island from Normandy Beach to the Martin County line. If this option is
chosen, all of the parcels within the MSTU (both east and west of A1A) would share the
same millage rate to fund future beach and dune restoration projects within the MSTU
boundary. This option was suggested by the Presidents Council of Hutchinson Island.
• Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east
of A1A from Normandy Beach to the Martin County line. This option would encompass all
taxable parcels with beach frontage.
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BOCC Regular Meeting Tuesday, December 17, 2019 9:00 AM
• Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels
west of A1A from Normandy Beach to the Martin County line.
In order to allow the Board the greatest flexibility to set and adjust separate millage rates for
parcels east and west of A1A, Staff recommended a combination of Option "B" and Option
"C." Creating two separate MSTUs (SHI East and SHI West) would allow Staff and the Board
to research and determine a fair and equitable millage rate for each side of A1A based on the
level of benefit the parcels would receive from the improvements. This would not restrict the
Board from levying the same millage rate for both MSTUs if doing so is determined to be the
most reasonable option. Staff recommended the Board's disapproval of Option A, a
combined SHI Beach Erosion Control MSTU.
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.
The commissioners asked clarifying questions of staff and Mr. Rowe, special counsel who is
an expert on special assessments. Commissioners, staff, and the special counsel discussed
the pros and cons of creating one MSTU that could only assess the same fees to both east
and west Hutchinson Island versus creating separate east and west MSTUs that could assess
one rate for the east side of Hutchinson Island and a different rate for the west side of the
island. They also discussed the pros and cons of creating additional MSTUs that are not
needed at the current time versus the flexibility of having multiple MSTUs in place for when a
future need arises.
Several commissioners expressed concern that creating two MSTUs could potentially affect
future funding, and staff expressed concern that creating one combined MSTU would limit
the ability and flexibility to assess different fees for east and west that would better match
the perceived benefit received from the services provided through the assessments.
Commissioner Hutchinson stated that she was not in favor of splitting the community via
separate east and west MSTUs.
The Board permitted Mr. Harvey Alligood, resident of Hutchinson Island, to speak regarding
an email that he had sent to the Board supporting a single combined MSTU. He posited that
assessing the east -side residents a higher rate would disproportionately affect them. He
pointed out that all residents of St. Lucie County benefit from the improvements made to the
shore and beaches on the east side, even the residents of the west side. He pointed out that
even with the same assessed rate, the east side residents would wind up paying more
because their property values are generally higher.
A motion was made to adopt option A, a combined SHI Beach Erosion Control MSTU. The
motion was seconded and it carried unanimously.
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BOCC Regular Meeting Tuesday, December 17, 2019
9:00 AM
Q
3.
RESULT:
ADOPT OPTION A
MOVER:
Commissioner District 4 Frannie Hutchinson
SECONDER:
Commissioner District 1 Chris Dzadovsky
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie
AYES:
Hutchinson
NAYS:
None
EXCUSED:
None
South Hutchinson Island MSTU Option "B", SHI East Beach Erosion Control MSTU
This item was discussed as part of item 9.B.1. Refer to the discussion listed under 9.B.1 for
details. Staff recommended the Board adopt the proposed resolution Option B, creating the
SHI East Beach Erosion Control MSTU.
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 Option B and upon roll call, the motion failed.
RESULT: DENY OPTION B (SHI EAST BEACH EROSION CONTROL MSTU)
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 3 Linda Bartz
AYES: Chris Dzadovsky, Linda Bartz
NAYS: Sean Mitchell, Cathy Townsend, Frannie Hutchinson
(EXCUSED: None
South Hutchinson Island MSTU Option "C", SHI West Beach Erosion Control MSTU
This item was discussed as part of item 9.B.1. Refer to the discussion listed under 9.B.1 for
details. Staff recommended the Board adopt the proposed resolution Option C, creating the
SHI West Beach Erosion Control MSTU.
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 deny Option C. The motion was seconded and it carried unanimously.
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BOCC Regular Meeting Tuesday, December 17, 2019 9:00 AM
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
10. REGULAR AGENDA
A. COUNTY ATTORNEY
DENY OPTION C (SHI WEST BEACH EROSION CONTROL MSTU)
Commissioner District 1 Chris Dzadovsky
Commissioner District 2 Sean Mitchell
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie
Hutchinson
None
None
1. St. Lucie County Employee & Family Health Care Center - South County Location - 1680 SE
Lyngate Drive - Taxable Capital Improvement Revenue Bond, Series 2019
Daniel McIntyre, County Attorney, presented this item. On December 19, 2017, the Board of
County Commissioners approved a Lease with 1680 Lyngate, LLC ("Seller") to lease a portion
of a building located at 1680 SE Lyngate Drive to expand the St. Lucie County Employee &
Family Health Care Center to provide an additional location in South St. Lucie County. The
County also operates a satellite Drug Lab at this location. The two-story medical office
building consists of 21,970 gross square feet with 19,692 net rentable square feet. The
County occupies 10,572 square feet on the first floor. There are four tenants on the second
floor occupying 9,120 square feet. The County currently pays annual rent of $167,962.68.
The four tenants pay a combined annual rent of $306,573.60. The combined annual rent
exceeds the estimated annual debt services of $220,000.00 by more than $80,000.00 per
year. County Risk Management staff expressed interest in investigating the feasibility of
purchasing the subject property. On October 22, 2019, the Board approved a contract to
purchase the subject property. The closing on the sale will take place on or before December
31, 2019.
PFM Financial Advisors LLC ("PFM") was engaged by St. Lucie County, Florida to serve as
financial advisor for the County's proposed issuance of a Taxable Capital Improvement
Revenue Bond, Series 2019 (the "2019 Bond") to be issued to finance the cost of purchasing
property located at 1680 SE Lyngate Drive currently owned by 1680 Lyngate, LLC. Based on
the size (not to exceed $2,700,000), term (15 years), reduced cost of issuance, desire to
implement in an expedited manner, and recent aggressive bids received from banks for
comparable transactions, PFM recommended the County pursue a privately placed direct
bank loan, which in today's market was expected to be an efficient and cost effective method
of financing. Based on the private use of at least a portion of the building, Nabors, Giblin &
Nickerson, P.A. ("Bond Counsel") recommend proceeding with a taxable rather than tax
exempt financing. At the County's direction, PFM distributed a request for proposals on
November 4, 2019 to a list of local, regional and national financial institutions to identify the
institution that could provide the County with a taxable, fixed rate term loan at the lowest
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BOCC Regular Meeting Tuesday, December 17, 2019
9:00 AM
overall borrowing cost, pursuant to certain conditions as determined by the County. Prior to
the submittal deadline the County received five proposals from the following firms: Capital
One Public Funding, CenterState, JP Morgan Chase Bank, N.A., Key Government Finance, and
Synovus. Based on PFM's review and discussions with the County staff and Bond Counsel, it
was determined that JP Morgan provided the best combination of interest rate and terms
most favorable to the County. JP Morgan offered an indicative taxable, fixed interest rate of
2.55%. The interest rate is indicative and will not be locked until the County executes a rate
lock agreement following approval. The County is recommending the 2019 Bond include a
make whole call provision, which would eliminate the ability to refund the 2019 Bond in the
future for debt service savings. The increase in interest rate to include a call option with no
penalty is not being recommended given the historically low interest rate. Based on the
attractive interest rate and acceptable terms and conditions provided in their proposal, PFM
recommended selecting JP Morgan as the loan provider for the 2019 Bond.
If approved, the proposed resolution will authorize the issuance of a Taxable Capital
Improvement Revenue Bond, Series 2019 in an amount not to exceed $2,700,000.00. The
County intends to repay the note from the County's Health Insurance Fund and from rent
received from tenants. The security for the Bond is a covenant to budget and appropriate
from the County's non ad valorem revenues. No County ad valorem revenues are pledged for
repayment of the Bond. $500,000 plus closing costs will be paid through transfers from the
Health Insurance Fund to a debt service fund (#316) that will be established to account for
the debt service payments. Approximately $2,575,000 from a loan, which will be repaid
through transfers from the Health Insurance Fund and will be offset by revenue from the
other tenants. Annual maintenance is estimated at $45,000, which will be budgeted in the
Health Insurance Fund.
Staff recommended the Board approve the proposed resolution authorizing the issuance of
Taxable Capital Improvement Revenue Bond, Series 2019. Staff also recommended that the
Board approve the recommendation of the County's Financial Advisor to award the proposal
to finance the project to JP Morgan Chase Bank, N.A.
A motion was made to approve staff recommendation. The motion was seconded and it
carried unanimously.
RESULT:
APPROVE
MOVER:
Commissioner District 2 Sean Mitchell
SECONDER:
Commissioner District 3 Linda Bartz
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie
AYES:
Hutchinson
NAYS:
None
EXCUSED:
None
BOCC Regular Meeting Tuesday, December 17, 2019
9:00 AM
B. PLANNING & DEVELOPMENT SERVICES
1.
2.
Resolution 2019-288: Impact Fee Administrative Procedures Revisions (Revising Resolution
86-18)
Kori Benton, Senior Planner, presented this item. The County originally adopted Road Impact
Fees in 1986. Resolution 86-18 established Road Impact Fee Administrative Procedures for
implementation and collection of the County's Road Impact Fee assessment. The County
subsequently adopted impact fees for Educational Facilities (Schools), Parks & Recreation,
Libraries, Public Buildings, Fire/EMS, and Law Enforcement, maintaining the program to
ensure that new development bears a proportionate share of the cost of capital
expenditures necessary to provide public facilities and quality of service, as guided by the
Comprehensive Plan. The proposed resolution seeks to amend Resolution 86-18 to update
administrative procedures for Impact Fee collection. The amendments seek to simplify
collection guidelines, encompass all County Impact Fee assessments, and incorporate
updated Road Impact fee assessment changes. Planning staff has coordinated with members
of Fort Pierce, Port St. Lucie and St. Lucie Village, in addition to representatives of local
home -builders, regarding the proposed updates. Staff recommended approval.
A motion was made to approve staff recommendation. The motion was seconded and it
passed unanimously.
RESULT:
APPROVE
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
Major Adjustment to Major Site Plan - Diamond Sands Docking Facility
Jodi Nentwick presented this item. The applicant, Diamond Sands Marina, LLC., and
representative, Greg Boggs, of Boggs Planning & Landscape Architecture, are requesting a
Major Adjustment to the existing Site Plan for the Diamond Sand Subdivision. The applicant
is seeking approval to develop a 45-slip boat docking facility for the existing residential
subdivision known as Diamond Sands. The docking facility is proposed in the Indian River
Lagoon, west of State Road A1A, approximately 4 miles north of Jensen Beach Causeway on
South Hutchinson Island. Staff recommended approval of the requested major adjustment to
an existing site plan subject to the conditions of approval contained within the staff report
and resolution.
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BOCC Regular Meeting Tuesday, December 17, 2019
9:00 AM
Commissioner Mitchell commented that he was encouraged by the proposed facility because
it would be another avenue for escape in the event of a hurricane. Commissioner Dzadovsky
suggested to the developer and future owners that having a boat lift would be beneficial.
Based on his experience, he noted that in a previous hurricane, the boat slips that had lifts on
them survived and everything else was destroyed.
A motion was made to approve staff recommendation. The motion was seconded 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
11. ANNOUNCEMENTS
The commissioners wished everyone a Merry Christmas and happy holiday season. The County
Administrator then made the following closing announcements:
A. County offices will be closed on Tuesday, December 24, Wednesday, December 25, 2019 and
Wednesday, January 1, 2020 in observance of Christmas and New Years.
B. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 14, 2020 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 an Informal meeting on Tuesday, January 21, 2020
at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 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.
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