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HomeMy WebLinkAboutMinutes 07.10.2018S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting July 10, 2018 Convened: 6:00 PM Adjourned: 7:02 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4, Chair Frannie Hutchinson Attendee Name Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 District No. 2 Arrived Frannie Hutchinson Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Anthony Bonna Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Shai Francis Director Present 6:00 PM Alice Sennott Deputy Clerk Present 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Generated 71131201810:39 AM Regular Meeting Tuesday, July 10, 2018 6:00 PM 4. APPROVAL OF MINUTES A motion was made to approve the minutes for the meeting of Tuesday, May 08, 2018 and Tuesday, June 05, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. Board of County Commissioners minutes for the meeting of Tuesday, May 08, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, June 05, 2018 RECESS Chairman Hutchinson recessed the meeting of the Board of County Commissioners at 6:02 PM in order to convene the Erosion District. The Board of County Commissioners meeting was reconvened at 6:03 PM. 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) Chairman Hutchinson opened the meeting for public comment at this time. Carol Anderson, resident of The Lakes in Tradition, expressed her concern about allowing open air composting in the western end of the county and encouraged the Board to resist any actions toward that end. Representative Larry Lee Jr., 7936 Saddlebrook Drive, thanked the Board for being proactive in regulating biosolid composting in St. Lucie County and asked Board to continue to be on top of further actions. There being no one else wishing to address the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS There are no items scheduled. 2 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM 8. CONSENT AGENDA Commissioner Townsend requested that item 8.Q.2 be pulled for separate discussion and vote. (See discussion of this item under section 10.2) A motion was made to accept the remaining items in the consent agenda. The motion was seconded and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. WARRANTS 1. Warrant Lists 35 through 38 B. ADMINISTRATION 1. Change Order #2 to Contract C17-03-206 for the Sunshine Kitchen Food Business Incubator Build -Out C. AIR & SEA PORT There are no items scheduled. D. COUNTY ATTORNEY 1. Verano Development Agreement 2. Budget Amendment - Transfer $200,000.00 from Contingency Fund to Professional Services 3. Resolution - Amendment to the Investment Policy 4. Request for Qualifications (RFQ) No. 18-049 - Operation and Development of the former Indian River Terminal at the Port of Fort Pierce; Approval of Shortlist 5. County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process 6. South Causeway Park - Sovereignty Submerged Lands Lease Renewal - Board of Trustees File No. 561391568 7. Sovereignty Submerged Lands Lease - Board of Trustees File No. 560240398 8. Resolution - Right -of -Way Donation - 20' on Peacock Road from Peacock Road Subdivision 3 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM 9. Sunshine Kitchen - Subordination of Lease Agreement with Your Pro Kitchen Franchise, LLC 10. Budget Resolution - Accepting Funds in the form of Insurance Recovery from Employers Mutual, Inc. in the Amount of $3,758.50 for Reimbursement of Defense Costs in an Inverse Condemnation Lawsuit E. COMMUNITY SERVICES 1. Memorandum of Understanding with Florida Department of Health Housing Opportunities for Persons with AIDS 2. Resolution - REVISED Florida Commission for the Transportation Disadvantaged (TD) FY19 Trip and Equipment Grant 3. Resolution - Florida Commission for the Transportation Disadvantaged FY19 Local Program Administrative Support Agreement F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES 1. Teague Hammock Hydrologic Restoration Memorandum of Agreement (Phase 1) 2. Award of Bid No. 18-058, Mowing Services at County Preserves & Trails 3. First Amendment to the Indrio Savannahs Preserve Gopher Tortoise Recipient Site Permit MOA between St. Lucie County and the Florida Fish and Wildlife Conservation Commission (FWC) : aviTelI1ll11l:141 1. EPAct 179D Application I. HUMAN RESOURCES There are no items scheduled. J. INFORMATION TECHNOLOGY There are no items scheduled. K. LIBRARY SERVICES 1. City of Port St. Lucie - Lewis Facilities Fee Waiver 4 1 P a g E Regular Meeting Tuesday, July 10, 2018 6:00 PM L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualification (RFQ) No. 18-046, Professional Port Consulting, Planning and Engineering Services - Continuing Contracts 2. Request for Proposal (RFP) No. 18-022, Title Insurance Services 3. Request for Proposal (RFP) No. 18-034, Auditing Services 4. Award of the Fuel Co-op Bid for the Purchase of Diesel, Gasoline, Heating and Emergency Generator Fuel N. PARKS & RECREATION 1. Award of Bid No. 18-015, Furnish and Deliver Variable Speed Pump Equipment (Irrigation System) 2. Lawnwood Baseball Field Renovations Irrigation and Drainage - Municipal Services Taxing Unit (MSTU) Funding Request 3. Ft. Pierce Firehawks Football and Cheerleader Group - "Youth Sports Provider" Designation Request 4. Award of RFP No. 18-035, Food and Beverage Concessions for Fairwinds Golf Course 5. 1st Amendment to Contract #C16-11-706 - iVox Solutions O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. P. PUBLIC SAFETY There are no items scheduled. Q. PUBLIC WORKS 1. Award Bid No. 18-52 - Ideal Holding Road at North St. Lucie River Water Control District Canal 76 Phase II Culvert Replacement 2. Moved to Regular Agenda for Separate Vote This item was pulled from the consent agenda and moved to the regular agenda for a separate discussion and vote. 3. Savanna Club Boulevard Emergency Culvert Replacement - Acceptance of Project 5 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM 4. Newell Road Emergency Culvert Replacement - Acceptance of Project 5. Verada Ditch Calmoso Section 6. Edwards Road and Oleander Avenue Intersection Emergency Repair 7. Tilton Road Stormwater Evaluation 8. Award Bid No. 18-003 - Aquatic Vegetation Control and Lake Slope Mowing Services 9. Grant Amendment 2 for Artificial Reef - FWC#16145 10. North 2nd Street - Accept Project and Approve Final Payment R. SHERIFF'S OFFICE There are no items scheduled. S. SOLID WASTE There are no items scheduled. T. SUPERVISOR OF ELECTIONS There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning Grant Funding for Fiscal Year 18/19 V. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Code Enforcement Case No. 92744 - 1008 Shorewinds Drive, Fort Pierce, FL - Unsightly and unsanitary conditions causing serious threat to public safety. Assistant County Attorney Catherine Barbieri presented this item. On October 4, 2017, a Notice of Violation was sent to the owners of the property informing them they were in violation of Section 13.08.01 of the St. Lucie County Land Development Code, Section 304, Exterior Structure. The owners were asked to contact the Permitting Department to obtain a permit to repair the roof. They were given until October 18, 2017 to correct the code violation and advised that failure to correct the violation may result in a public hearing before the St. Lucie County Code Enforcement Board. They were also advised that the Board could levy a fine not to exceed $250 per day for each day the violation continued past the date set for compliance. The 6 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM property was inspected on October 27, 2017 and it was determined that insufficient action had been taken to correct the violations. Staff recommended that the Board authorize Staff to abate the violations by repairing the roof on the structure and place a lien on the property for the cost. Commissioner Dzadovsky raised the question as to whether county staff had mailed notice to the correct address because of a recorded discrepancy. The Assistant County Attorney responded that the county had mailed to the address that is listed by the Property Appraiser and the Tax Collector, that taxes on the property were paid, and that they had made many attempts to reach the property owner. As an additional measure, County staff indicated that they would send out additional notices. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed public comment. A motion was made to approve staff recommendation. The motion was seconded and it passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. 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 1006 Midway Road, Fort Pierce in St. Lucie County, FL Assistant County Attorney, Catherine Barbieri, presented this item. On February 20, 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 appropriate action to abate the safety hazards. To date, no permits have been applied for to bring this structure up to code. All interested parties have been notified 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 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 Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Compiled Laws. Several members of the Board asked clarifying questions. Chairman Hutchinson opened the hearing for public comment. There being no one wishing to appear before the Board, Chairman Hutchinson closed public comment. A motion was made to approve staff recommendation. The motion was seconded and it passed unanimously. 7 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Harbour Ridge Gilson Tower Variance from Section 7.10.23(N) Telecommunication Tower Siting separation/height of the required 750 foot from a habitable residential structure and from vacant residentially zoned land for a 100 foot tower. Linda Pendarvis, Development Review Coordinator, presented this item. Vertex Development, LLC is requesting a variance form the provisions of the Land Development Code Section 7.10.23(N) Telecommunication Tower Siting Separation/Height requirements from off -site designated areas that restricts the siting of a telecommunication towers within 750 feet of a habitable residential structure and vacant residentially zoned land. Staff originally recommended denial of the requested variance. However, staff noted that the applicant had requested this item to be continued until August 7, 2018 to give them time to consider an alternate location. Staff revised their recommendation to advise continuing this item to a future meeting. Commissioner Hutchinson opened the meeting to public comment. Kathleen O'Rourke, St. Lucie County resident, spoke on behalf of Lakeridge communities and thanked the Commissioners for the research they have done regarding this issue and spoke in favor of locating the telecommunication tower on an alternate site. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. The Board and county staff agreed that the applicant's request for a continuance on August 7, 2018 was not convenient for county staff or its technical consultant. The applicant was not present at the meeting to offer other suggestions for a continuance date. A motion was made to continue the item to the Board of County Commissioners meeting on September 4, 2018 at 6:00 PM or soon thereafter. The motion was seconded and it passed unanimously. RESULT: CONTINUED Next: 9/4/2018 6:00 PM 2. Resolution - Harbour Ridge Gilson Tower Conditional Use Permit for a 100-foot telecommunication tower within the Harbour Ridge Planned Unit Development (PUD) Zoning District This item was presented in conjunction with item 9.B.1. The applicant had requested a continuance of this item (along with item 9.B.1.) to August 7, 2018. The Board and 8 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM county staff agreed that the applicant's request for a continuance on August 7, 2018 was not convenient for county staff or its technical consultant. The applicant was not present at the meeting to offer other suggestions for a continuance date. Commissioner Hutchinson opened the meeting to public comment. There being no one wishing to address the Board, Chairman Hutchinson closed public comment. A motion was made to continue the item to the Board of County Commissioners meeting on September 4, 2018 at 6:00 PM or soon thereafter. The motion was seconded and it passed unanimously. RESULT: CONTINUED Next: 9/4/2018 6:00 PM 3. Crossing Church aka St. James Christian Academy (Educational Services, Grades K-5 & 9-12) - Conditional Use Permit County staff presented this item. The Crossing, a Network of Community Churches Inc. is requesting a Conditional Use Permit to allow for educational services (Grades K-5 & 9- 12), to be provided by St. James' Christian Academy, at an existing church campus established across a +/-9.55 acre property located at 5200 Oleander Avenue, on the east side of Oleander Avenue roughly 0.2 miles south of Midway Road. Staff recommended the public hearing for consideration of the conditional use permit for Educational Services, Grades K-5 & 9-12 subject to conditions be continued to July 24, 2018 at 9:00 am or as soon thereafter. A motion was made to continue this item to the Board of County Commissioners meeting on July 24, 2018 at 9:00 AM. The motion was seconded and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 10. REGULAR AGENDA 1. COUNTY ATTORNEY 1. Solid Waste Preliminary Assessment Resolution Assistant County Attorney, Katherine Barbieri, presented this item. Pursuant to Chapter 38, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie 9 1 P a g e Regular Meeting Tuesday, July 10, 2018 6:00 PM County. The proposed Solid Waste Preliminary Assessment Resolution initiates the process required to impose solid waste assessments for the fiscal year commencing October 1, 2018 at a rate of $280.00 per dwelling unit which represents an increase over the prior year, directs the County Administrator to prepare a preliminary assessment roll for said fiscal year to be collected on the 2018 property tax bill, and establishes a public hearing on the assessments to be held on September 4, 2018 at 6:00 p.m. or as soon thereafter as may be heard. Staff recommended that the Board adopt the Solid Waste preliminary assessment resolution and authorize the Chair to sign the resolution. A discussion between the Board members and county staff ensued regarding why the County should advertise a potential solid waste assessment increase when County staff did not intend to actually raise the solid waste assessment for the coming year. A motion was made to approve staff's recommended Solid Waste preliminary assessment increase and the motion was seconded. Upon roll call, the motion failed to pass. It was then moved to keep the preliminary solid waste assessment at the current rate of $252.06 (see item 10.1.3 for details). RESULT: DEFEATED [2 TO 3] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Linda Bartz, Chris Dzadovsky NAYS: Frannie Hutchinson, Anthony Bonna, Cathy Townsend 2. Kane et. al. vs. St. Lucie County - Settlement Offer The County Attorney presented this item. The North Lennard Road MSBU 1 parking and drainage improvements constructed Tilton Road from Silver Oak Drive west to Prima Vista Boulevard. Additionally, a portion of North Lennard Road was extended from the intersection of Tilton Road and Prima Vista Boulevard north, connecting to the existing road in front of Savanna Ridge Elementary School just south of Kitterman Road. The road and drainage project was completed in 2011. Shortly after the project was completed the County began receiving complaints from the Kane's alleging that their property was being flooded as a result of the County's project. The County attempted to resolve the complaints by constructing several modifications to the drainage system. According to the Kanes, the modifications made by the County did not eliminate the flooding. In July 2015 the Kanes sued the County for inverse condemnation alleging that the construction of the project resulted in a "taking" of the Kanes' property. At a mediation session held on June 11, 2018, the parties agreed to settle the case for the amount of $850,000.00 inclusive of attorneys' fees and costs, conditioned upon (1) approval by the Board of County Commissioners and (2) permitting and construction of a drainage pipe under Tilton Road at or near the location of the pipe that was removed during construction. Staff recommended that the Board approve the settlement reached at mediation. Staff further recommends that the Board authorize staff to retain 10 1 Regular Meeting Tuesday, July 10, 2018 6:00 PM an expert to determine whether the standard of care for roadway and drainage design was met with this case. It was moved to accept staff recommendation. The motion was seconded and it passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Motion to Keep Preliminary Solid Waste Assessment at Current Rate of $252.06 Following a discussion between the Board members and county staff regarding Proposed Resolution 2018-120 (Agenda item 10.1.1 Solid Waste Preliminary Assessment) and a failure of the item to pass, it was moved to keep the preliminary solid waste assessment at the current rate of $252.06. The motion was seconded and upon roll call it passed. RESULT: PASSED [3 TO 2] MOVER: Anthony Bonna, District No. 2 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Anthony Bonna, Cathy Townsend NAYS: Linda Bartz, Chris Dzadovsky 2. Resolution - Indian River Estates Stormwater Improvements Phase II Settlement Agreement Funds (This item was pulled from the consent agenda and moved to the regular agenda for a separate discussion and vote.) Several commissioners asked for clarification regarding this item and for further detailed discussion at a future informal meeting. It was moved that the resolution be amended to include that the funds coming into the budget from the settlement agreement could be used for Indian River Phase II or Phase III. The motion was seconded and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend Regular Meeting Tuesday, July 10, 2018 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 24, 2018 at gam 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 a Regular meeting on Tuesday, August 7, 2018 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. 12 1