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HomeMy WebLinkAboutMinutes 09.04.2018T. Lu1ME COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 4, 2018 Convened: 6:00 PM Adjourned: 8:51 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 Frannie Hutchinson District No. 4, Chair Linda Bartz District No. 3, Vice -Chair Chris Dzadovsky District No. 1 Anthony Bonna District No. 2 Cathy Townsend District No. 5 Howard Tipton Administrator Mark Satterlee Deputy Administrator Daniel S. McIntyre County Attorney 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 Present 6:00 PM Present 6:00 PM Jeffrey Bremer Deputy Administrator Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Barbara Guettler MSBU Coordinator Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM Jennifer Hill Office of Management and Budget Director Present 6:00 PM Bethany Grubbs Planner Present 6:00 PM Kori Benton Planning Support Coordinator Present 6:00 PM Nicole Fogarty Legislative Affairs Manager Present 6:00 PM Glenn Henderson Director, Mosquito Control & Coastal Mgt. Services Present 6:00 PM George Landry Solid Waste Division Director Present 6:00 PM Douglas Baber Brittany Jones HR Manager Recording Secretary Present 6:00 PM 6:00 PM Present Generated 91612018 3:17 PM Regular Meeting Tuesday, September 4, 2018 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE HOUSEKEEPING ITEMS Chairman Hutchinson noted the following changes to the agenda: The following item was pulled from the consent agenda: • Item 8.D.3. (Resolution — Conservation Easement and Preserve Area Monitoring and Management Plan —Tilton Road —Tilton Road Dog Retreat — Parcel ID 3414-501-0612- 000-1) The following item will be heard prior to the public hearings: • Item 10.A.1. (Advance Payment to OHL-Arellano Construction Company [Ardie R. Copas Veterans Nursing Home]) 4. APPROVAL OF MINUTES (Item heard following Public Comment) A motion was made to approve both sets of minutes 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 A. Board of County Commissioners minutes for the meeting of Tuesday, August 14, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, August 21, 2018 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. The following individuals addressed the Board: 2 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM • Lonis Jefferson, resident from Paradise Park neighborhood, spoke in opposition of the SLD (Street Lighting District) annual assessment and had questions. The Chair informed her this will be heard as a public hearing and questions/comments may be voiced at that time, • Barbara Bennett, resident from Paradise Park neighborhood, spoke of concerns with retention ponds, erosion and the drainage pipes in her neighborhood. Patrick Dayan, Water Quality Division Manager, provided answers with an update on the ongoing construction project in Paradise Park. Commissioner Dzadovsky advised her to speak with his aide to set up a meeting, • Holly Theuns, 419 N 2nd St, thanked the Board for their support of art and culture in St. Lucie County and for bringing in the team from Brevard County, • Jim Turner, St. Lucie County resident, spoke in support of increasing industrial land use as it relates to the Comprehensive Plan, • Kathryn Hensley, School District board member and SL Cultural Alliance board member, thanked the Board for their support of the SL Cultural Alliance, • Willie Long, resident from Paradise Park neighborhood, had a question on the assessment notice he received in the mail. The Chair reiterated this item will be discussed in length as a public hearing item, • Jim Turner, St. Lucie County resident, thanked the County staff from the Planning & Development Services Department, • Debra Terrio, 1116 NW Lombardy Dr, spoke of concerns of the St. Lucie Cultural Alliance's contract with the Brevard Cultural Alliance in terms of reports and the website; submitted documents for the record. The Chair stated this will be a topic at an upcoming informal meeting, • Debra Magrann, 907 SE Brookedge Ave, spoke of concerns of the St. Lucie Cultural Alliance, • Allison Barajas, 911 Jackson Way, spoke of concerns of the St. Lucie Cultural Alliance; submitted documents for the record, • David Moberg, 243 Bimini Dr, board member of the SL Cultural Alliance, spoke in support of the St. Lucie Cultural Alliance, • Glen Riles, resident of Stuart and board member of the SL Cultural Alliance, spoke in support of the St. Lucie Cultural Alliance. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS There are no items scheduled. 3 1 P a g E Regular Meeting Tuesday, September 4, 2018 6:00 PM 8. CONSENT AGENDA Commissioner Dzadovsky wanted to point out that Item 8.13.1. is to approve letters to the Florida delegation in opposition of the small cell preemption. Commissioner Townsend expressed concern over delaying a small business by rescheduling Item 8.D.3. Mark Satterlee, Deputy County Administrator, stated staff aims to have this item on the next available meeting date. Commissioner Dzadovsky wanted to highlight the updated progress with the San Lucie Plaza Drainage Improvements — Item 8.Q.1. A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. WARRANTS 1. Warrant Lists 46 & 47 B. ADMINISTRATION 1. Letters to Congressional Delegation on Small Cell Preemption C. AIR & SEA PORT There are no items scheduled. D. COUNTY ATTORNEY 1. Revocable License Agreement - Florida City Gas - River Park - Port St. Lucie Safe Area 1 2. Revocable License Agreement - 434 S. Naranja Avenue - River Park - Britton - Parcel ID 3419-530-0013-000-7 3. Item Pulled from Consent 4. Permission to Advertise - Amending Section 8.02.02 of Land Development Code, Paragraph J - Particular Temporary Uses Permitted E. COMMUNITY SERVICES 1. Resolution - State Housing Initiative Partnership (SHIP) FY 2017/2018-Supplemental Funding 4 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES There are no items scheduled. H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES 1. FY 2019 Rates for Health Plan J. INFORMATION TECHNOLOGY 1. Interlocal Agreement between the Board of County Commissioners of St. Lucie County and the Nineteenth Judicial Circuit for the Lease of Server Rack Space at the Information Technology Facility located at 101 North Rock Road K. LIBRARY SERVICES There are no items scheduled. L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. N. PARKS & RECREATION 1. Waiver for League of Women Voters Estuaries Program O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. P. PUBLIC SAFETY There are no items scheduled. Q. PUBLIC WORKS 1. San Lucie Plaza Drainage Improvements - Basin 2B Construction 5 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM 2. Street Lighting Special Assessment Districts - Annual Assessment Resolution 3. Special Assessment Notice of Intents for 2019 4. Capron Trails Mining Permit Application 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 There are no items scheduled. V. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Solid Waste Final Assessment Resolution The 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 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 County. On July 10, 2018, the Board adopted Resolution No. 18-120, the Solid Waste Preliminary Assessment Resolution which initiated the process for imposing and collecting the solid waste assessments for the fiscal year commencing October 1, 2018 (FY 2018-19). The initial resolution authorized solid waste assessments for FY 2018-19 at a rate of $252.06 per dwelling unit, approved collection of the assessments on the November 2018 tax bill, established a public hearing to be held on September 4, 2018 at 6:00 p.m. (or as soon thereafter as may be heard) to receive comments from affected property owners, and directed the publication and mailing of notice to affected property owners. The Property Appraiser has prepared the solid waste assessment roll: 6 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM Assessment Roll "A" contains residential properties within the County Solid Waste Urban Service Area and the solid waste assessment imposed against each based on the FY 2018-19 assessment rate of $252.06 per dwelling unit, together with any solid waste assessment payment delinquencies from prior fiscal years. Staff recommended the Board adopt the Solid Waste Final Assessment Resolution and authorize the Chair to sign the resolution. 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 and it passed unanimously. RESULT: ADOPTED [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 Conditional Use Permit for a 100-foot telecommunication tower within the Harbour Ridge Planned Unit Development (PUD) Zoning District Linda Pendarvis, Development Review Coordinator, presented this item. County staff received an email prior to the July 10, 2018 public hearing from the applicant's attorney, Mary Solik, requesting a continuance for this agenda item. The Board of County Commissioners at their July 10, 2018 public hearing meeting continued this item to a date certain, September 4, 2018. The applicant's attorney, Mary Solik, submitted a request on August 20t" for a continuance from the September 4, 2018 meeting to the October 2, 2018 meeting. 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 continue the public hearing to October 2, 2018 at 6:00 pm or as soon thereafter as the item may be heard and the motion to continue carried unanimously. RESULT: CONTINUED [UNANIMOUS] Next: 10/2/2018 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 7 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM 2. 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. This item was presented by Linda Pendarvis, Development Review Coordinator. County staff received an email prior to the July 10, 2018 public hearing from the applicant's attorney, Mary Solik, requesting a continuance for this agenda item. The Board of County Commissioners at their July 10, 2018 public hearing meeting continued this item to a date certain, September 4, 2018. The applicant's attorney, Mary Solik, submitted a request on August 201h for a continuance from the September 4, 2018 meeting to the October 2, 2018 meeting. 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 continue the public hearing to October 2, 2018 at 6:00 pm or as soon thereafter as the item may be heard and the motion to continue carried unanimously. RESULT: CONTINUED [UNANIMOUS] Next: 10/2/2018 6:00 PM MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Review of the proposed Evaluation and Appraisal Review (EAR) Comprehensive Plan Amendments to consider transmittal of the amendments to the State Land Planning Agency. The Planning & Development Services Assistant Director, Mayte Santamaria and Robert Collins, a Principal Planner from Calvin, Giordano and Associates, Inc. both presented this item. The St. Lucie County Comprehensive Plan is the policy document used to provide guidelines for growth management within St. Lucie County. The Comprehensive Plan establishes the policies and public improvements to maintain and enhance the quality of life for St. Lucie County residents, protect natural resources and promote sound long term economic development, while recognizing the differing needs and values of the County's unique communities and diverse land area. GWiIC(e1WWI MOD Mr. Collins began with providing background information. Every 7 years, the County is required to review the Comprehensive Plan through the Evaluation and Appraisal Review (EAR) process. This is a required part of the State growth management process 8 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM and is a mechanism for determining whether the need exists to amend the County's Comprehensive Plan to be consistent and responsive to State Statutory changes. St. Lucie County is undertaking an update to its Comprehensive Plan in accordance with Florida Statute requirements and is seeking input on those changes from the public. On July 19, 2018, the Planning and Zoning Commission (Local Planning Agency) reviewed the amendments and provided the Board of County Commissioners with a recommendation of approval. The Board will consider transmittal of these proposed changes to the State Land Planning Agency (Department of Economic Opportunity). Section 163.3191, F.S., requires local governments to evaluate whether amendments to their comprehensive plan are necessary to reflect changes in state requirements, in accordance with a schedule posted by the State Land Planning Agency (Department of Economic Opportunity or DEO). St. Lucie County was required to notify the DEO by October 1, 2017, as to the determination if changes were necessary to the Plan. The County sent DEO a letter on September 19, 2017, identifying that amendments were necessary to address changes in state requirements and that the County may also consider amendments to address issues of local concern. Based on the notification timeframe, the County has a deadline of September 19, 2018 to transmit Comprehensive Plan updates to DEO. If the County fails to submit its update to Comprehensive Plan by September 19, 2018, the County may not amend its comprehensive plan until it complies with this requirement. The County Comprehensive Plan has 13 elements and a Port sub -element. The County is working on updates to all elements except for two, the Public School Facilities Element and the Rural Lands Stewardship Area Element. The vast majority of the proposed changes involve the removal of obsolete text and data and replacement with more current text and data. The Planning & Development Services Assistant Director, along with Mr. Collins, provided detailed examples of each of the changes to the Comprehensive Plan. Additionally, changes that have been made since the publication of the agenda item were detailed and staff was seeking input and guidance on whether or not to include those more recent changes into the transmittal package that will go to the State. COMMISSIONERS' COMMENTS/QUESTIONS Commissioner Dzadovsky inquired if any of the amendments address storm water retention as it relates to new land development as the County has experienced flooding issues in this regard. It was stated that will come up in the Future Land Use Element changes and for more specific instruction, changes may need to be made in the Land Development Code. 9 1 P a g e Regular Meeting Tuesday, September 4, 2018 6:00 PM Commissioner Dzadovsky had a question on the matrix for the Future Land Use Element. The Planning & Development Services Assistant Director clarified that the matrix is not shown in its entirety in the presentation and offered the Commissioner clarification. Commissioner Townsend commented on how there were no changes to the public school facility element and she expressed concern over difficulties that schools may have for new development. There was a discussion on this matter as it relates to the requirement that other schools (namely charter schools or private schools) are not to be located outside the urban service boundary unless certain criteria is met. There was also discussion on the State Statute as it pertains to charter schools. It was suggested to add language to Policy 1.1.18.3 for clarification that the policy shall not apply to charter schools. The Board was in agreement on this policy change. Staff recommended that the Board approve the transmittal of the proposed EAR -based amendments to the State Land Planning Agency. 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. An amended motion was made to approve all additional proposed changes as presented by the Planning & Development Services Assistant Director along with the staff recommendation and including the additional added language to policy 1.1.18.3. The motion was seconded and it passed unanimously. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 4. A Resolution of the Board of County Commissioners of St. Lucie County to Define a Class A Mobile Home as a Single -Family Detached Dwelling Unit in the RS-3 (Residential, Single-Family-3 DU/AC) Zoning District Bethany Grubbs, Planning Technician, presented this item. The applicants, Ronald and Candace Myers are requesting authorization to install a thirty (30) foot by sixty-eight (68) foot mobile home on a +/- 2.41 acre parcel of land. The property is located at 2971 Rogers Road, in the RS-3 (Residential, Single -Family - 3 dwelling units per acre) zoning district, which is consistent with the RU (Residential Urban) future land use designation. Public notice of the hearing was published in the St. Lucie News Tribune on August 22, 2018, notice was placed on the property and 37 mail notices went out to surrounding properties. The Planning Technician stated staff received 1 written objection to the petition. The proposed mobile home meets the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The definition is as follows: 101Page Regular Meeting Tuesday, September 4, 2018 6:00 PM Mobile Home, Class A: A mobile home certified to be in conformity with the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development, or its successor agency, and the standards of F.S. 320.823. Florida Statutes, Section 320.823 Establishment of uniform mobile home standards. -Each new single- family or duplex mobile or manufactured home manufactured in this state or manufactured outside of this state but sold or offered for sale in this state must be constructed to meet the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act. Such standards must include, but need not be limited to, standards for body and frame construction and the installation of plumbing, HVAC, and electrical systems. The property is currently developed with a 1,558 square foot one-story, single-family residence, which was constructed in 1991. Attached to the existing 1,558 residential structure is a 1,135 square foot carport addition, giving the existing structure a total of 2,693 square feet. Upon approval of this Class A Mobile Home request, this referenced structure will be converted into a detached garage. The mobile home will be the applicants' primary residence. The garage conversion is required for the structure to comply with the provisions of an "accessory use" pursuant to the St. Lucie County Land Development Code (LDC). The LDC defines Accessory Use as: A structure or use that: (1) Is subordinate to and serves the principal building or principal use; (2) Is subordinate in area, extent, and purpose to the principal structure of principal use served; (3) Contributes to the comfort, convenience, or necessity of the occupant, business, or industry in the principal structure or use; and (4) Is located on the same lot as the principal structure or use. To comply with the provisions of "accessory use" as outlined in LDC, the detached garage is required to be subordinate in area to the primary residence (mobile home), under 2,040 square feet. The applicants have stated that they wish to increase the square footage of the mobile home in an effort to retain the carport on site. A condition of approval outlined in the draft resolution is for the applicants to retain the carport on site. A condition of approval outlined in the draft resolution is for the applicants to construct a 654 square foot deck, covered by a roof. A roof will be required to count the square footage of the deck towards lot coverage as defined by LDC Section 2.00.00, Lot Coverage: The total horizontal ground area of a lot covered by all buildings or structures on the lot not open to the sky. This desk addition will increase the square footage of the mobile home to a total of 2,694 square feet, exceeding the square footage of the 2,693 111 Page Regular Meeting Tuesday, September 4, 2018 6:00 PM square foot detached garage. If this condition cannot be met within 90 days of this approval, the applicants will be required to remove the carport. The Building Official has reviewed the petition and has agreed to grant a "Temporary" Certificate of Occupancy for the mobile home for up to 90 days, following the applicable building inspections, to allow the applicants to reside on the property while converting the existing single-family residence into a detached garage. The Building Official has determined that the garage conversion shall consist of the removal of all bedrooms, removal of the stove and electric that serves the stove, and the installation of a rolling garage door. Once the garage conversion is completed and passed all inspections, the applicants will receive a "Final" Certificate of Occupancy for the mobile home. Staff recommended the Board approve the request of Ronald and Candace Myers for a Class A Mobile Home Permit subject to conditions outlined in the draft resolution. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures: • Commissioner Dzadovsky stated he had no disclosures • Commissioner Townsend stated she had no disclosures • Commissioner Bonna stated he had no disclosures • Commissioner Bartz stated she had no disclosures • Chairman Hutchinson stated she had no disclosures 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 and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 5. Little Light Christian Academy (Child Daycare Services (Preschool) - Conditional Use Permit This item was presented by Kori Benton, Senior Planner. The applicant, Sandra Yong - Duffy, is requesting a Conditional Use Permit to operate a private preschool center to serve 54 children. The subject 0.73 acre property, located at 6708 Gaddy Street, was developed in 1968 with a 3,252 sq. ft. single-family home, and later converted into a daycare center. 12 1 Regular Meeting Tuesday, September 4, 2018 6:00 PM Notice of the public hearing was published in the local newspaper on August 25, 2018, a sign was posted on the property and notices to owners within 500 feet of the site were mailed out. Staff received 2 letters in opposition and 4 letters in support. The prior Conditional Use permit for a child care facility, issued via Resolution 90-175, operated until August, 2013. The previous Conditional Use permit has expired due to vacancy of the site for more than twelve (12) months. The applicant is proposing preschool operations to serve up to fifty-four (54) children via five (5) classrooms. The proposed operational hours are 7:00 a.m. to 6:00 p.m., Monday through Friday. The Conditional Use Plan incorporates a variety of site improvements to access, parking, landscaping, and buffering between the site and adjacent properties. The Senior Planner detailed recommendations proposed by the Planning Division, the Environmental Resources Department and the Public Works Engineering Division. Staff recommended the Board approve the conditional use permit for Child Daycare Services (Preschool) subject to conditions. Commissioner Dzadovsky had a question regarding the sewer system's ability to support the needs of the building. The Senior Planner stated the applicant has been provided contact information for the Health Department to address this concern. 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 and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 6. Major Adjustment to Conditional Use Permit — The Office Sports Pub Free-standing Drinking Place (Alcoholic Beverages) FKA as Tropical Martini Senior Planner, Kori Benton presented this item. The applicant, Barry Higgins of Just A Smidge, LLC., operating as the Office Sports Pub, proposes a Major Adjustment to an existing Conditional Use granted to "Tropical Martini" at the subject sit. The proposed adjustments include a change of business name, 1,600 sq. ft. expansion to the existing 4,000 sq. ft. sports bar (within the existing commercial plaza), and extension of operational hours from the current 9:00 a.m. - 2:00 a.m., Monday through Saturday and 1:00 p.m. - 12:00 (midnight) on Sunday, to 9:00 a.m. - 2:00 a.m., daily. Notice of the public hearing was published in the local newspaper on August 25, 2018, a sign was posted on the property, and letters were distributed to 33 surrounding property owners. Staff received 3 letters in favor and 6 letters in opposition, mostly citing concerns of noise. 13 1 P a g Regular Meeting Tuesday, September 4, 2018 6:00 PM The subject 1.27 acre site consists of a commercial plaza with various storefronts and support access, parking, drainage, and utility infrastructure. The 10,000 sq. ft. commercial structure was built in 1984. The parcel is located at 8575 U.S. 1 in Port St. Lucie. The applicant, opened the Office Sports Pub at the subject site in December of 2015, and is seeking adjustment to accommodate 1,600 sq. ft. of additional space as a non- smoking area and expanded operation hours on Sunday. The proposal includes site improvements related to parking, loading, and landscaping, to be completed pending approval of the requested modifications. The Senior Planner detailed recommendations from the Planning Division and the Environmental Resources Department. Staff recommended the Board approve the adjustments to an existing conditional use permit, subject to conditions. Chairman Hutchinson asked for clarification on the expansion. The Senior Planner stated the expansion involves existing commercial space within the plaza. There was a question on the nearby storm water drainage system. There was also a question regarding the requirement of a bicycle rack. The Senior Planner answered both questions. There was dialogue stating the Sheriff's Office was contacted as part of the review process and this establishment had a lower than average call for services. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures: • Commissioner Dzadovsky spoke with staff • Commissioner Townsend spoke with staff • Commissioner Bonna spoke with staff • Commissioner Bartz spoke with staff • Chairman Hutchinson spoke with staff Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Carl Chiarolanzio, resident of La Buona Vita and VP of neighborhood Board, had questions on the proposed fence and concerns of space between the fence and the property as it could relate to outdoor activities and the possibility of increased noise. He also asked if there would be additional parking spaces as the current parking lot floods. The Senior Planner explained the request of the fence and stated the applicant has not expressed use of outside space apart from the parking lot and sidewalks. It was also explained due to the expansion of existing space, that the applicant currently meets the parking requirements and is not required to add additional parking spots. The Senior Planner added a curtesy 141Page Regular Meeting Tuesday, September 4, 2018 6:00 PM review of the drainage may be done to find a solution to the flooding of the parking lot. • Renee Thayer, resident of La Buona Vita, stated he is in support of the fence and stated his only concern is of noise as a few years ago the music was quite loud. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve staff recommendation with the amendment of adding a condition that the space between the fence and the building is not to be used for outdoor entertainment and the motion passed unanimously. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend C. PUBLIC WORKS 1. Resolution - Property Clean-up Special Assessment District This item was presented by Barbara Guettler, MSBU Coordinator. Chapter 38, Article II of the County's Code of Ordinances addressed the nuisances that arise when property is allowed to deteriorate. Section 38-28 "Lot Cleanup" prohibits the accumulation of trash, junk, debris, living and nonliving plant material, and stagnant water; excessive growth of grass, weeds and brush; windows, skylights, and doors that are not water tight; and the keeping of fill on property. If a property is found to be in violation of this Article the owner is noticed of the violation and that they must remedy the violation within 20 days or file an appeal within 15 days. If the owner fails to remedy or successfully appeal the violation as set forth in Section 38-28, the County may undertake such action as necessary or useful to remedy the violation. The cost incurred by the County to remedy the violation shall be assessed against the property. If the imposed assessment is not paid in full within 20 business days, the assessment is recorded as a lien and may be levied as a non -ad valorem special assessment on the annual property tax bill and collected pursuant to Section 197.36 of the Florida Statute. There are 15 parcels on the 2017 Property Clean-up SAD assessment roll with assessment amounts ranging from $319.15 to $1,489.36. The actions taken by the County to remedy the violations include but are not limited to utilizing continuing services contractors for mowing; trimming bushes, shrubs, and trees; and securing windows, skylights, doors and pools. Notice of this public hearing was published in the newspaper, as well as mailed to affected parcel owners, on August 14, 2018. 15 1 Regular Meeting Tuesday, September 4, 2018 6:00 PM Staff recommended Board approval of the Property Clean-up Special Assessment District Annual Assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. 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 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 2. Resolution - Paradise Park SLD Annual Assessment Resolution Barbara Guettler, MSBU Coordinator, presented this item. The Paradise Park Street Lighting District (SLD) was created by St. Lucie County Board of County Commissioners (the Board) in 1982 to fund the cost of providing street lighting services to the properties therein through the imposition of annual special assessments. Since that time, certain parcels within the SLD have been annexed into the City of Fort Pierce (the City). The County cannot levy special assessments within the City without the consent of the City by ordinance. By written request dated August 16, 2018, the City requested that the Board exclude the annexed parcels from the SLD Boundary. Such parcels, if excluded, will receive street lighting services in fiscal year 2018-19 and beyond from the City and therefore will not be subject to the special assessments levied by the County within the District to fund street lighting services. If the City does provide street lighting service for annexed parcels, it will not cause the assessment amounts for the parcels remaining in the district to change. There are currently 437 parcels within the SLD, of which 251 have been annexed. On August 15, 2018, the owners of all 437 parcels within the SLD were notified by mail of their maximum annual assessment amount and of this public hearing. Special assessment amounts may vary from year to year depending on fluctuations in the actual cost of providing the service (electricity, etc.). As outlined above, only 186 parcels will be subject to the assessment if the Board approves the City's request to exclude the annexed parcels. Each year the Board will adopt an annual assessment resolution approving the amount of the assessment. However, the assessment shall not increase in any subsequent year more than five percent (5%) from the previous year or more than a total of ten percent (10%) above the maximum assessment amount as indicated in the corresponding resolution unless the Board gives notice and conducts an additional public hearing. The maximum annual assessment for each parcel in the Paradise Park SLD is $34.17, including administration and collection costs. The proposed assessment amount to be levied on the 2018 tax roll for each parcel is $26.46. 161Page Regular Meeting Tuesday, September 4, 2018 6:00 PM Staff recommended Board approval of the Paradise Park SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. The MSBU Coordinator emphasized that notices legally had to be mailed to everyone in the SLD, even those who are annexed into the City to inform them of what the maximum assessment would be if the Board chose not to approve the resolution. The Chair reemphasized those within the City's limits will not be assessed fees, pending the passing of tonight's resolution. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Lonis Jefferson, resident from the Paradise Park neighborhood, spoke of a refund received by the City of Fort Pierce as she was being assessed fees for street lighting from both the City and the County. There was a discussion among the Board, the MSBU Coordinator and Ms. Jefferson on the following: the City of Fort Pierce's possible plans for annexing the entire Paradise Park neighborhood, the payment process for street lighting, the process required to eliminate the SLD if it's determined that the Paradise Park neighborhood does not wish to have street lighting, as well as having further conversations to look at all the options available to the Paradise Park neighborhood. The annexation process was explained by the County Attorney. It was also stated that this item has a deadline and the decision needs to be made tonight and cannot be tabled. • Barbara Bennett, resident from the Paradise park neighborhood, asked a few questions for clarification on the notice she received in the mail. There being no one further wishing to address the Board, Chairman Hutchinson 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: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Resolution - Blakely SLD Annual Assessment Resolution This item was presented by Barbara Guettler, MSBU Coordinator. The Blakely Street Lighting District (SLD) was created by St. Lucie County Board of County Commissioners (the Board) in 1984 to fund the cost of providing street lighting services to the properties therein through the imposition of annual special assessments. Since that time, certain parcels within the SLD have been annexed into the City of Fort Pierce (the City). The County cannot levy special assessments within the City without the consent of 171Page Regular Meeting Tuesday, September 4, 2018 6:00 PM the City by ordinance. By written request dated August 16, 2018, the City requested that the Board exclude the annexed parcels from the SLD Boundary. Such parcels, if excluded, will receive street lighting services in fiscal year 2018-19 and beyond from the City and therefore will not be subject to the special assessments levied by the County within the District to fund street lighting services. If the City does provide street lighting service for annexed parcels, it will not cause the assessment amounts for the parcels remaining in the district to change. There are currently 45 parcels within the SLD, of which 43 have been annexed. On August 15, 2018, the owners of all 45 parcels within the SLD were notified by mail of their maximum annual assessment amount and of this public hearing. Special assessment amounts may vary from year to year depending on fluctuations in the actual cost of providing the service (electricity, etc.). As outlined above, only two parcels will be subject to the assessment if the Board approves the City's request to exclude the annexed parcels. Each year the Board will adopt an annual assessment resolution approving the amount of the assessment. However, the assessment shall not increase in any subsequent year more than five percent (5%) from the previous year or more than a total of ten percent (10%) above the maximum assessment amount as indicated in the corresponding resolution unless the Board gives notice and conducts an additional public hearing. The maximum annual assessment for each parcel in the Blakely SLC is $36.21, including administration and collection costs. The proposed assessment amount to be levied on the 2018 tax roll for each parcel is $26.95. Staff recommended Board approval of the Blakely SLD Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 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 and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 10. REGULAR AGENDA 1. Advance Payment to OHL-Arelllano Construction Company (Ardie R. Copas Veterans Nursing Home) (Item was heard prior to the Public Hearings) 181Page Regular Meeting Tuesday, September 4, 2018 6:00 PM The County Attorney presented this item. On February 25, 2014, the County notified the Florida Department of Veterans Affairs (FDVA) that the County intended to submit an application to become the site for the State's 7th Veterans' Nursing Home. On September 23, 2014, Florida's Cabinet voted unanimously to approve the construction of the nursing home in St. Lucie County. The State has named the nursing home the Ardie R. Copas State Veterans' Nursing Home (Home). As part of the application, the County agreed to provide $500,000.00 (the County Funds) towards the construction cost of the Home. The remaining balance of the match is $419,656.50, as the County previously paid $80,343.50 for the property's title insurance premium. City of Port St. Lucie regulations require the construction of a wall and berm on the eastern boundary of property where the Home will be situated (the VA Property). FDVA did not have enough land on the Site to construct the wall and berm but, solely as an accommodation to the County, Minto agreed to construct the wall on Minto's property, which is adjacent to the Site (the Minto Property), provided that all of the costs of construction are borne by others. FDVA requested that the County use a portion of the County Funds to pay Minto to construct the wall and the berm on the Minto Property with the understanding that, upon completion of the wall and the berm, Minto, or if Minto so elects, a homeowners' association by Minto (the HOA), will own and permanently maintain the wall and berm. Construction of the berm and buffer wall by Minto will directly benefit the Home. On March 6, 2018, the Board approved an Agreement with Minto to pay for the construction of a berm and a buffer wall. Under the terms of the Agreement, Minto will construct a berm and buffer wall on Minto property. The County agreed to reimburse Minto for cost of constructing the berm and buffer wall in an amount not to exceed two hundred fifteen thousand fifty and 00/100 ($215,050.00) dollars. Minto (or its successor) would agree to maintain the berm and buffer wall in perpetuity. Subsequently, on March 20, 2018, the Board approved a Memorandum of Agreement with OHL-Arellano Construction Company, at FDVA's request, to direct payment of the remaining balance of the County's required match to OHL-Arellano Construction Company for its costs and expensed incurred for permitting and construction of the Home project and other related activities. As of August 8, 2018, Minto Townpark has not constructed the berm and wall. At the same time, OHL-Arellano is requesting assistance with payment of invoices as described in the April 10 Memorandum of Agreement. FDVA has also requested that the Board pay approved invoices from OHL-Arellano prior to receipt of the final cost of the Minto berm and wall. Based on the requests from OHL-Arellano and FDVA, County staff recommended that the County pay up to $204,606.00 to OHL-Arellano, which would leave a remaining balance of $215,050.50 of Match funds, sufficient to cover the maximum guaranteed costs, including contingency, of the berm and wall. If the cost of the berm and wall 191Page Regular Meeting Tuesday, September 4, 2018 6:00 PM ultimately come in at a lower cost, the County would make an additional payment to OHL-Arellano up to the total required Match amount. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Resolution - Conservation Easement and Preserve Area Monitoring and Management Plan - Tilton Road - Tilton Road Dog Retreat - Parcel ID 3414-501-0612-000-1 (Item was pulled from the Consent Agenda and will be rescheduled.) 11. ANNOUNCEMENTS Commissioner Dzadovsky announced there will be a Firefighter Combat Challenge Event happening the weekend of September 15 & 16 in downtown Fort Pierce. A. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2018 at 6pm 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, September 11, 2018 at gam 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, September 18, 2018 at gam 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 the Final Budget Public Hearing on Thursday, September 20, 2018 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The County, along with the City of Port St Lucie and the City of Fort Pierce are holding two Sales Tax Educational Open Houses. The first is on Wednesday, September 26th from 5-8 pm at the Fenn Center located at 2000 Virginia Ave., Fort Pierce. The second is on Thursday, September 27th from 5-8 pm at the Port St Lucie Community Center located at 2195 SE Airoso Blvd, Port St. Lucie. F. The Indian River Lagoon Science Festival is being held on Saturday, October 27, 2018 from 10am - 3pm at Veterans Memorial Park (River Walk) located at 600 N Indian River Drive, Fort Pierce, 34950. It is a FREE festival featuring hands-on activities from exhibitors across the Treasure Coast, stage performances, procession of the species parade, raffles and much more! Contact Erin Lomax at 772-465-3271 with any questions. 20 1 Regular Meeting Tuesday, September 4, 2018 6:00 PM 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. 21 1