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HomeMy WebLinkAboutMinutes 11.13.2018T. LU1WE COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 13, 2018 Convened: 6:01 PM Adjourned: 8:20 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4, Chair Frannie Hutchinson Attendee Name Frannie Hutchinson 1W Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 District No. 2 atus A 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 Jeffrey Bremer Deputy Administrator Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Stan Payne Director of Port & Airport Present 6:00 PM Jennifer Hill Office of Management and Budget Director Present 6:00 PM Amy Griffin Environmental Resources Director Present 6:00 PM Amanda Thompson Sr. Lands Stewardship & Outreach Coordinator Present 6:00 PM Linda Pendarvis Planner Present 6:00 PM Kori Benton Senior Planner Present 6:00 PM Peter Jones Business Navigator Present 6:00 PM Erick Gill Brittany Jones Communications Division Director Present 6:00 PM Recording Secretary Present 6:00 PM Generated 1111512018 3:35 PM Regular Meeting Tuesday, November 13, 2018 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A motion was made to approve all sets of minutes and the motion carried 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. Board of County Commissioners minutes for the meeting of Tuesday, September 11, 2018 B. Board of County Commissioners minutes for the meeting of Thursday, September 20, 2018 C. Board of County Commissioners minutes for the meeting of Tuesday, October 02, 2018 D. Board of County Commissioners minutes for the meeting of Tuesday, October 16, 2018 5. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming the month of November 2018 as "Alzheimer's Disease Awareness Month" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chairman Hutchinson presented the proclamation to Robert Gorman, Vice -Chair Board of Directors, and Mary Barnes, President & CEO of Alzheimer's Community Care. Mr. Gorman accepted the proclamation with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM B. Resolution - Proclaiming the month of November, 2018 as "National Hospice and Palliative Care Month" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chairman Hutchinson presented the proclamation to Brian Beaty, volunteer with Treasure Coast Hospice, who accepted it with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend C. A resolution proclaiming November 10-18, 2018 as "National Hunger and Homelessness Awareness Week" and commending CareBag, Inc. and Grace Way Village for their efforts to assist the Homeless in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chairman Hutchinson presented the proclamation to Cathie Mouring, Sean Hennessey, Wendy Rhyant, and Paula Lewis from Grace Way Village and Rozanne Brown and Mark Cunningham from Carebag, Inc. Cathie Mouring, Executive Director of Grace Way Village and Rozanne Brown, CEO of Carebag, Inc. accepted the proclamation with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend D. Resolution - Proclaiming November 17, 2018 as "Take a Hike Day" and declaring support for the Healthy St. Lucie Coalition's Billion Steps Challenge in St. Lucie County, FL The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chairman Hutchinson presented the proclamation to Amy Griffin, Environmental Resources Director, Mike Middlebrook, Natural Resources Manager and Amanda Thompson, Sr. Lands Stewardship & Outreach Coordinator. Amy Griffin accepted the proclamation with gratitude and thanked the Board. Then, the Environmental Resources Director introduced Amanda Thompson to give a presentation. (See Item 7.A.) 3 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 6. PUBLIC COMMENT (excluding Public Hearing items) (Item heard after item 7.A. - Presentation) Chairman Hutchinson opened the meeting for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS A. Take a Hike with St. Lucie County's Guided Nature Programs - Amanda Thompson, SLC Sr. Lands Stewardship & Outreach Coordinator (Item heard before item 6. - Public Comment) Amanda Thompson, Sr. Lands Stewardship & Outreach Coordinator, gave a presentation promoting the Environmental Resources Department's "Take a Hike Day" event. She began with the history of the preserves and parks that the County owns and operates. She went on to describe the different hikes offered and presented some photos of people enjoying their hikes. Ms. Thompson highlighted there are many hands-on activities during the hikes. She also said they offer paddle tours, paddle boarding and will soon be offering glass bottom boat tours. The program team was recognized including the hike leaders and dedicated volunteers. Ms. Thompson detailed the 2017-2018 season highlights and their goals for the upcoming year. Lastly, she provided details on the upcoming event which will be held on November 17, 2018 and is free for anyone ages 8 and up. She stated registration and more information can be found on their website. 8. CONSENT AGENDA Chairman Hutchinson singled out items 8.D.7. (Resolution - A resolution supporting Florida Turnpike Enterprise) and 8.D.9. (Aero Shade Technologies, Inc. - Termination of Lease Agreement) for comment. A motion was made to adopt the consent agenda and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 4 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM A. WARRANTS 1. Warrant Lists 54, 55, 2, 3, 4 & 5 B. ADMINISTRATION 1. Resolution to Authorize The St. Lucie County Commission to Participate in a Joint Meeting with the Indian River County Commission and the Martin County Commission to Discuss and Plan Matters of Mutual Interest; and Providing for an Effective Date 2. Grant Contract With Economic Development Council 3. Appointment to the Historical Commission C. AIR & SEA PORT 1. Resolution - SJPA Acceptance- Fisherman's Wharf Bulkhead & Dredging 2. Treasure Coast International Airport - Consider Consent to Proposed Hangar Sublease between Fort Pierce FBO, LLC and FlyteMe Aviation, LLC D. COUNTY ATTORNEY 1. Treasure Coast Research and Education Park - Parcel ID 2314-800-0001-000-3 - Sunshine Kitchen - FPUA Water Line Easements 2. Treasure Coast Research and Education Park - Parcel ID 2314-800-0001-000-3 - Sunshine Kitchen - FPUA Gas Line Easement 3. Sunshine Kitchen - FPUA Annexation Agreement 4. Resolution - Right -of -Way Donation - 40 feet on Brocksmith Road - Emma Viamontes - Parcel ID 2329-501-0018-000-3 5. Permission to Advertise - Notice of Public Hearing - Abandonment of a portion of Poinsetta Avenue right-of-way from Australian Avenue north to Wildwood Avenue 6. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma 7. Resolution - A resolution supporting Florida Turnpike Enterprise plans for improvements at the Okeechobee Road Interchange and development of a new turnpike interchange at Midway Road in St. Lucie County, Florida 8. Resolution - Award of the 2018/19 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab 9. Aero Shade Technologies, Inc. - Termination of Lease Agreement 5 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM 10. Resolution - Approving Facilities Use Agreement with WIRA Christmas Kids, Inc. 11. Contract for Consulting / Professional Services for CDM Smith, Inc. 12. Permission to file suit to foreclose on the owners of 1008 Shorewinds Drive, Fort Pierce, FL 13. Deferred Compensation Program - Agreements with TIAA CREF E. COMMUNITY SERVICES 1. Award of Bid No. 18-060, Bus Shelter Maintenance 2. FY19 Federal Transit Administration (FTA) 5311 Grant Acceptance 3. FY19 Florida Department of Transportation (FDOT) Block Grant Budget Resolution 4. Resolution - Granting Authority to the Escambia Housing Finance Authority (HFA) to operate its Single Family Mortgage Revenue Bond Program within St. Lucie County. 5. FY18 HOME Funding Allocation F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES 1. St. Lucie Rivers Issues Team Grant for DJ Wilcox Wetland/Pond Restoration 2. Wesley's Island Phase II Indian River Lagoon License Plate Grant 3. Resolution - Walton Preserve Tower Phase I - FIND Grant 4. Budget Resolution — Indian River Lagoon National Estuary Program grant funding — St. Lucie Water Champions 5. Budget Resolution — Florida Humanities Council Grant Award 6. Budget Resolution —Volunteer Florida Grant Award H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM J. INFORMATION TECHNOLOGY 1. Commercium Technology, Inc Google Application Contract Amendment 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. First Data Field Maintenance Building & Pole Barn Proposed Renovation Project O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. 1. Hurricane Irma Federally Funded Public Assistance State Agreement Q. PUBLIC WORKS 1. RES - Lakewood Park HMGP Grant Application 2. Award Bid No. 18-071 - Christensen Road at North St. Lucie River Water Control District (NSLRWCD) Canal 102 Culvert Replacement and Slope Repair 3. Award Bid No. 18-072 - Verada Ditch Repair Calmoso Section 4. Gordy Road Bridge over Ten Mile Creek Project R. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation 2. Resolution - Authorization to accept the 2018 Bulletproof Vest Partnership (BVP) Grant 3. Law Enforcement Impact Fee Request 7 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM 4. Budget Amendment for Miscellaneous Income for budget year ended September 30, 2018. S. SOLID WASTE 1. Ratification of Emergency Work Authorization #2 - Red Tide Debris Removal 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. Amending Section 8.02.02 of Land Development Code, Paragraph J - Particular Temporary Uses Permitted This item was presented by Assistant County Attorney, Katherine Barbieri. On April 7, 1998, the St. Lucie County Board of County Commissioners adopted Ordinance No. 1998-002 which provided for the creation of paragraph (J) authorizing special vehicle and boat sales events on -sites not approved for the permanent display. Since the adoption of the code, County staff has received complaints that this temporary use has issues. The complaints were in regards to garbage, salespeople sleeping on -site, and banners. There were complaints on the usage of more spaces than allowed per the permit. The offsite temporary vehicle and boat sales use an extraordinary amount of parking spaces as a space is required for the item being sold and a space for the customer. Additionally, if the customer trades in a vehicle a space is required for the trade in. The complaints in regards to offsite vehicle and boat sales raise public health safety concerns. To protect the health, safety and welfare of the citizens of the County, an amendment is needed to assure orderly use of property and to protect the safety of motor vehicles, bicycles, pedestrians and the vendors at temporary special vehicle and boat sale events. This ordinance would restrict the number of days of the sale, limit the percentage of excess parking that can be used to 15%, provide that they have to have temporary sanitary facilities and their own garbage, provide the calculations to demonstrate that the event does not exceed the amount of 15%, and provide handicap parking spaces. 8 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM This ordinance went before the Planning & Zoning Commission on October 18, 2018 and it was unanimously approved. This was the first of two public hearings. Staff recommended the Board approve a second hearing on December 4, 2018 to hear the proposed draft ordinance. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve a second hearing on December 4, 2018 at 6:00 pm or as soon thereafter, to hear the proposed draft ordinance. The motion was seconded and passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend B. OFFICE OF MANAGEMENT & BUDGET 1. Resolution - Fiscal Year 2017-2018 Budget Amendment The OMB Director, Jennifer Hill, presented this item. Before the fiscal year 2018 books are closed, the budget needs to be amended to cover insufficient accounts. This resolution establishes the fiscal year 2018 budget for unanticipated revenue totaling $876,671 and moves money between accounts. This public hearing was advertised on November 8, 2018. Staff recommended Board approval of budget resolution amending the fiscal year 2017- 2018 budget. Chairman Hutchinson opened the hearing for public comment at this time. There being no one 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: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend C. 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, St. Lucie County Planner, presented this item. The applicant's attorney, Mary Solik, submitted a request on October 31, 2018 for a continuance from the 9 1 P a g e Regular Meeting Tuesday, November 13, 2018 6:00 PM November 13, 2018 meeting to the March 2019 meeting. She stated staff is in support of the request. Commissioner Bartz and Commissioner Townsend both said they will support the continuance but that it will be the last time they support a continuance. Commissioner Bonna asked staff to clarify a legal aspect of this item. The Assistant County Attorney provided clarification. Commissioner Dzadovsky commented on the application process and asked staff questions on the application fees. He is in support of allowing the applicant to submit a new concurrent application and to waive the application fees (the waiver would not include fees for review from experts, engineers and outside consultants) and the Commissioner inquired if the Board would be in support of this. The Chair had the County Attorney clarify the process should the applicant submit a new application. There was further discussion between the Board, the Planning & Development Services Director and the County Attorney for clarification purposes and suggestions. The County Attorney stated if the Board intends to continue the public hearing, quasi- judicial disclosures are not required. He stated if the Board intends to proceed with a decision then it is necessary for disclosures. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Stephen Lochner, resident of St. Lucie County, expressed his thanks to the Board and staff for listening to the residents and urged the Board to do what they can for better communication from the applicant, • Brian Clark, resident of Riverbend, expressed his concerns and offered a suggestion, • Gary Oldehoff, attorney representing the applicant, commented on the unusual situation that the applicant is not present to answer questions and stated he agrees with the County Attorney's stance on this item. He urged the Board to grant the continuance. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. There were no further comments from the Board at this time. An amended motion was made to continue the public hearing to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard, with the understanding that the Board will not consider any further continuances on the application as it has been submitted (if the application is not withdrawn, the Board will proceed with a decision on that date) and to further waive future cost of a new application (this does not waive any 101Page Regular Meeting Tuesday, November 13, 2018 6:00 PM outside consultants, experts or engineers who would have to review the application). The motion was seconded and it passed unanimously. The public hearing was continued to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 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. The Planner stated the applicant's attorney, Mary Solik, submitted a request on October 31, 2018 for a continuance from the November 13, 2018 meeting to the March 2019 meeting. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to continue the public hearing to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. The motion to continue was seconded and it passed unanimously. The public hearing was continued to March 5, 2019 at 6:00 pm or as soon thereafter as the item may be heard. RESULT: CONTINUED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. River Vista - Future Land Use Map Amendment from COM (Commercial) to RH (Residential High- 15 du/ac) This item was presented by Kori Benton, Senior Planner. The applicant is requesting a large-scale amendment to the Future Land Use Map, of the St. Lucie County Comprehensive Plan from COM (Commercial) to RH (Residential High- 15 du/ac). A concurrent application to change the zoning of the parcel from the CG (Commercial General) Zoning District to the RM-11 (Residential - 11 du/ac) Zoning District has also been submitted. The purpose of the amendment is to provide for future development of a residential community at the site, a permitted use in the jointly proposed rezoning to the RM-11 Zoning District. These petitions were noticed via an ad in the local newspaper on November 2, 2018, a sign was posted on the property and notices were distributed to owners within 500 feet of the property of the petition site. Regular Meeting Tuesday, November 13, 2018 6:00 PM The property is a 12.56-acre parcel located at the northeast corner of Indrio Road and US Highway 1. The location and surrounding properties were detailed. The site is located within the Five -Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County, where the County is currently advancing new water and sewer services to this area of the County. The overall development intensity is reduced by the proposed amendment; however, the integration of more residential uses compliments the future commercial development at the intersection of US 1 and Indrio Road may provide a greater mix of land uses at this location. The Planning & Zoning Commission, at their July 19, 2018 meeting, voted unanimously to recommend the Board of County Commissioners approve transmittal of the proposed Comprehensive Plan Future Land Use Map Amendment. The Board of County Commissioners, at their August 7, 2018 meeting, voted unanimously to transmit the proposed Future Land Use Map Amendment to the State Department of Economic Opportunity (DEO) and surrounding jurisdictions. The Senior Planner stated the DEO and corresponding agencies have reviewed the proposed comprehensive plan amendment and have issues notice of no formal comment on the proposed amendment. Staff recommended the Board adopt Ordinance 18-011 authorizing the requested Comprehensive Plan Future Land Use Map Amendment. Commissioner Townsend had questions on the utilities. She requested a meeting between herself and staff for further discussion. Commissioner Dzadovsky had questions and concerns. There was a discussion between the Board and staff on the final result of the product, drainage concerns and on whether this item will be back before the Board. Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Dennis Murphy, from Culpeper & Terpening and representative of the applicant, stated the applicant is committed to offering the highest value product they can. He spoke of preliminary layout plans and the characteristics of the site. He also answered questions from the Commissioners. He respectfully asked for approval, • David Black, 4747 N. Old Dixie Highway, submitted a letter for the record and expressed his general concerns and concerns pertaining to the wildlife preserve. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. The Chair asked the Senior Planner a follow up question on if this item would come back to the Board. The Senior Planner stated any proposal of 50 site dwellings or more would 12 1 Regular Meeting Tuesday, November 13, 2018 6:00 PM be brought back before the Board. He further stated a proposal of less than 50 site dwellings would be considered a minor site plan and would not be subject to Board approval. The Chair stated they will follow up with Mr. Black on his questions. Commissioner Townsend said she will contact the residents and set up a meeting with staff. There were no further comments from the Board at this time. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 4. Resolution - Rezoning: River Vista Property from CG (Commercial General) Zoning District to RM-11 (Residential, Multiple -Family —11 du/ac) Zoning District (This Item was heard in conjunction with item 9.C.3.) The Senior Planner presented this item in conjunction with Item 9.C.3. The applicant is requesting a change in zoning of the parcel from the CG (Commercial General) Zoning District to the RM-11 (Residential - 11 du/ac). The subject property is located at the northeast corner of Indrio Road and North US Highway 1, and is 12.56 +/- acres in size. A concurrent application for a large-scale amendment to the Future Land Use Map, of the St. Lucie Comprehensive Plan, from COM (Commercial) to RH (Residential High- 15 du/ac) is also being reviewed and processed. The zoning amendment is contingent on the approval and effectiveness of the Future Land Use Map. The stated purpose of the requested amendments is to develop the property as a residential community in the future, which is a permitted use in the proposed RM-11 zoning district. Staff recommended that the Board approve the presented resolution as the rezoning is consistent with the Standards of Review identified in Section 11.06.03 of the Land Development Code, and is consistent with the goals, objectives and policies of the Comprehensive Plan, provisioned upon adoption of the concurrent request for Future Land Use Map Amendment from COM (Commercial) to RH (Residential High) for the subject site. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures. It was noted: • Chairman Hutchinson stated she spoke to Mr. Black and received his letter • Commissioner Townsend stated her aide spoke to Mr. Black and received his letter 13 1 P a g Regular Meeting Tuesday, November 13, 2018 6:00 PM • Commissioner Bonna stated his aide spoke to Mr. Black and received his letter • Commissioner Dzadovsky stated he spoke to staff and the applicant's representative, received a phone call from Mr. Black and received Mr. Black's letter • Commissioner Bartz received Mr. Black's letter Chairman Hutchinson opened the hearing for public comment at this time. Dennis Murphy, from Culpeper & Terpening and representative of the applicant, asked the Board for approval. 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: Linda Bartz, District No. 3, Vice -Chair SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 5. Major Adjustment to Conditional Use Permit — Treasure Coast International Airport (TCIA) St. Lucie County MRO Hangar - 3191 Jet Center Terrace This item was presented by Kori Benton, Senior Planner. The applicant, St. Lucie County, and representative, Bobby Palm, PE, of AVCON, proposer a Major Adjustment to the existing Conditional Use for the Treasure Coast International Airport (TCIA). The proposed adjustment includes development of a 31,500 sq. ft. Airplane Maintenance, Repair and Overhaul (MRO) facility which encompasses a 28,500 sq. ft. hangar (59ft. - 5in. in height) and 3,000 sq. ft. office building. The 10.12-acre site is zoned U, Utilities and designated as T/U - Transportation Utilities by the Comprehensive Plan. The site, a subset of a larger parcel, is predominantly vacant consisting of unutilized segments of Taxiways "D" & "E". The site is located adjacent to an extension of Jet Center Terrace, at approximately 3191 Jet Center Terrace. Both petitions were noticed in the Treasure Coast Scripts newspaper on November 2, 2018. A sign was posted on the property and notices were mailed out to property owners within 500 feet of the property. The TCIA is an existing "Conditional Use," as designated by Section 3.03.03W.7.a. Airports (458) of the Land Development Code (LDC), with respect to the underlying zoning designation of U, Utilities. The proposed facility design diverges from the adopted Airport Layout Plan (ALP); therefore, is classified as an adjustment to the Conditional Use in accordance with Section 11.07.05 of the LDC. The Adopted ALP (2011), exhibit displaying the proposed reconfiguration of building layout, and Draft ALP (currently undergoing updates) are available for reference. The 141PaF,e Regular Meeting Tuesday, November 13, 2018 6:00 PM County is engaged in an initiative to update the Airport Master Plan, which includes assessment of the adopted Airport Layout Plan for any necessary or appropriate adjustments. The proposed hangar, presented at a height of 59 ft. - 5 in., is subject to a concurrent variance request by the Board of County Commissioners in accordance with Section 8-15 of the St. Lucie County Code of Ordinances as it exceeds the allowable 40 ft. maximum of the U, Utilities zoning district and T/U - Transportation Utilities land use designation. It was stated approval of the Major Adjustment to Conditional Use Permit was subject to conditions that were detailed by the Senior Planner. Staff recommended the Board approve the major adjustment to the Treasure Coast International Airport (TCIA) conditional use permit for the subject development project, subject to conditions. Commissioner Dzadovsky had a couple questions and the Senior Planner stated staff from the airport division are available to answer questions. Chairman Hutchinson opened the hearing for public comment at this time. Jeremiah Johnson, St. Lucie County Facilities Manager, thanked all County staff and expressed his excitement for the MRO Hangar. He answered the questions from Commissioner Dzadovsky. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. Chairman Hutchinson noted this item was quasi-judicial and asked for the Commissioners' disclosures. It was noted: • Commissioner Dzadovsky stated he spoke with staff • Chairman Hutchinson stated she had no disclosures • Commissioner Townsend had no disclosures • Commissioner Bartz had no disclosures • Commissioner Bonna had no disclosures There were no further comments from the Board at this time. A motion was made to approve staff recommendation and it passed unanimously. 151Page Regular Meeting Tuesday, November 13, 2018 6:00 PM RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 6. Resolution - St. Lucie County MRO Hangar Variance from Section 7.04.01 (Table 7-10) Maximum Building Height of the U, Utilities Zoning District & Policy 1.1.1.1 - Maximum Height within the T/U Transportation/Utilities Future Land Use (This Item was heard in conjunction with item 9.C.5.) The Senior Planner presented this item in conjunction with Item 9.C.5. The applicant, St. Lucie County, and representative Bobby Palm, PE, of AVCON, are requesting a Variance from the Airport Primary Guiding Documents, in accordance with Section 8-15 of the St. Lucie County Code of Ordinances. Specifically, the applicant is requesting a variance to Land Development Code (LDC) Section 7.04.01 Maximum Building Height of the U, Utilities Zoning District of 40ft. and Policy 1.1.1.1 - Maximum Height of 40ft within the T/U Transportation/Utilities Future Land Use. The request is proposed to develop a 31,500 sq. ft. Airplane Maintenance, Repair, and Overhaul (MRO) facility with a height of 59ft. - 5in., above the maximum height of forty (40) ft. The 10.12-acre site is located within the U, Utilities zoning district and is designated T/U - Transportation Utilities within the Comprehensive Plan Future Land Use Map. The site, a subset of a larger parcel, is predominantly vacant consisting of unutilized segments of Taxiways "D" & "E" and cleared land. The site is located adjacent to an extension of Jet Center Terrace, at approximately 3191 Jet Center Terrace. The proposed variance is coupled with a petition for a Major Adjustment to the existing Conditional Use for the Treasure Coast International Airport (TCIA). Staff recommended approval of the requested variance, in accordance with Section 8-15 of the St. Lucie County Code of Ordinances, based upon special conditions and unique circumstances for this aviation related development proposed to serve the Treasure Coast International Airport, consistency with the Airport Overlay Zone and Zone Height Limitations, alignment with the Draft Airport Layout Plan (2018), and general consistency with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. 16 1 P a g Regular Meeting Tuesday, November 13, 2018 6:00 PM RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 7. True Stone Masonry Concrete Product Manufacturing (Small-scale) - Conditional Use Permit Kori Benton, Senior Planner, presented this item. The applicant, True Stone Masonry, is requesting a Conditional Use Permit to allow for specialty concrete product manufacturing within an existing 6,000 sq. ft. light -industrial facility situated on a .69- acre property located at 7324 Commercial Circle, Fort Pierce. The site is located within the Kings Highway Industrial Park, zoned Industrial Light and has a future land use designation of Towns Villages and Countryside (TVC). This petition was noticed in the St. Lucie Tribune on November 2, 2018, a sign was posted on the property and notices were mailed out to property owners within 500 feet of the site. True Stone has identified this site to serve as their business headquarters, for operations specializing in custom stone and architectural concrete products encompassing design, fabrication, and off -site installation. The proposal seeks to repurpose an existing facility to provide for storage of manufacturing ingredients, manufacturing space for production of concrete and stone products, racks for curing and staging of finished products, and support offices. The Conditional Use plan includes improvements to the property include fencing, landscaping, restriping of the parking lot, exterior and interior building repairs. The Conditional Use request is eligible within the Industrial Light district, at this site, based upon PDS Order 18-042 which issued a determination to allow a subset of SIC Code (3272), manufacturing of consumer concrete products, as a conditional use request at this site within the Industrial Light, IL zoning district, subject to minimum operational requirements. The Planning & Zoning Commission had an opportunity to review the proposed Conditional Use Permit at the meeting on October 18, 2018 and unanimously voted to recommend approval. It was stated approval of the Conditional Use Permit was subject to conditions that were detailed by the Senior Planner. Staff recommended the Board approve the conditional use request subject to conditions presented within the staff report and resolution. There were questions on the fence and the Senior Planner provided answers. Commissioner Townsend had a couple questions that the Senior Planner answered. Chairman Hutchinson noted this item was quasi-judicial and asked for Commissioners' disclosures. It was noted: 17 1 P a g Regular Meeting Tuesday, November 13, 2018 6:00 PM • Commissioner Dzadovsky stated he spoke with staff • Commissioner Bartz stated she spoke with staff • Chairman Hutchinson stated she had no disclosures • Commissioner Townsend had no disclosures • Commissioner Bonna had no disclosures Chairman Hutchinson opened the hearing for public comment at this time. The following individuals addressed the Board: • Troy Smith, the applicant, spoke and presented examples of some of his work. He stated his company does not mass-produce items, will not be loud or detrimental and will improve the property, • Peter Jones, St. Lucie County Economic Development Manager, stated True Stone Masonry is an example of a small business that the County has been able to assist through the permit process. There being no one further wishing to address the Board, Chairman Hutchinson closed the public hearing. Commissioner Bartz had a couple questions for the applicant. He answered her questions. There were no further comments from the Board at this time. 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 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Paula A. Lewis Library (Rosser Library) - Roof Repairs - Settlement Agreement This item was presented by Katherine Barbieri, Assistant County Attorney. On June 18, 2013 the Board approved a contract for the purchase of a building located at 2950 Rosser Boulevard for use as a future library facility. The building was previously used as a City of Port St. Lucie Police substation and required major renovations in order to function as a County library. ou Regular Meeting Tuesday, November 13, 2018 6:00 PM One of the renovations required was the replacement of the roof. On January 26, 2016, the Board awarded Bid No. 16-003 (replacement of roof) to Therma Seal Roof Systems, LLC in the amount of $158,100.00. Approximately six months later, on June 7, 2016, the Board awarded the building renovation project to Anatom Construction Company (Anatom). At the time of purchase, former Facilities management determined that in order to protect the integrity of the building a new roof needed to be installed ASAP. The search for contractor for the interior renovation took place after this. Unfortunately, during the course of the renovation project, one of Anatom's subcontractors damaged the newly installed roof. Since the County's contract was with Anatom (not Anatom's subcontractor), the County filed a claim with Anatom and Anatom's bonding company for repair/replacement of the roof and for continuation of the 20-year warranty. Anatom filed a claim for reimbursement from Anatom's subcontractor and the subcontractor's insurance carrier. The County also hired a roof expert and contacted the roof manufacturer to determine the scope of the repairs needed to fix the roof and continue the 20-year warranty. Ultimately, a roof repair protocol was agreed to by the roof manufacturer. On August 1, 2018, the Board approved a contract with Therma Seal Roof Systems, LLC (as recommended by the manufacturer) to repair the roof. The roof has now been repaired and the 20-year warranty is in effect. The parties (the County, Anatom, Anatom's subcontractor's insurer) entered into settlement discussions which resulted in a proposed settlement. We proposed a settlement with Anatom in exchange for full and final releases as between Anatom, its sub and the County, whereby the parties would agree to release any and all claims. In exchange for that agreement, the contractor's carrier shall reimburse the County for all damages including: Therma Seal Expert Expenses Attorneys Fees/Costs Attorneys Fees/Costs Total Amount Due St. Lucie Account $67,000 $18,198.13 $15,941.00 thru 7/25 $5,062 between 7/25 and 10/2 $106,201.13 to be paid to Ciklin Lubitz Trust As to closing out the Contract with Anatom, Anatom agrees that once Anatom furnishes the County's attorney with all final waivers and releases for every sub on the Final Contractor's Affidavit, and pays half of the Rosser AS Architect's fee in the sum of $12,193.75, then the County will release the total amount of retainage in the sum of $182,124.18. In the alternative, Anatom may have the County take the $12,193.75 out of the retainage and issue the balance of $169,930.43. This would close out the Contract with Anatom and reimburse the County for its damages incurred. 19 1 P a g Regular Meeting Tuesday, November 13, 2018 6:00 PM Staff recommended the Board approve the settlement and authorize the Chair to sign all documents as prepared by the County Attorney's office necessary to effectuate the settlement. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Sierra vs. St. Lucie County - Settlement Offer Dan McIntyre, the County Attorney, presented this item. The County was sued in federal court by Eddie Sierra, a person who is allegedly hearing impaired. There is a copy of the Complaint. Mr. Sierra alleges that the County's website does not comply with the Americans Disability Act (ADA) as some of the documents (PDF's) are not accessible by hearing impaired persons. Mr. Sierra and the law firm representing him have sued a number of other local governments in the state over similar issues. Mr. Sierra's attorney has submitted a proposed settlement offer to the County for consideration. The offer proposes a payment of $1,000.00 to Mr. Sierra as well as a payment of $8,000.00 to Sierra's attorneys. The offer would release the County from any alleged past violations and would require the County to ensure that any documents put on the website prospectively if the settlement is approved are accessible by hearing impaired persons. Independent of the lawsuit, the County's Communications Division Director has investigated different firms that could assist the County with a review/remediation of the County's website. As a result of this investigation, the County is finalizing an agreement to assist the County in remediating the County's website. In analyzing a settlement offer it is helpful to review a "best -case - worst -case" scenario. In the "worst -case" a judge would award Sierra damages in his claim against the County. The County would also be responsible for payment of Sierra's attorney's fees and costs which are estimated to be $75,000.00. In a "best -case" scenario a judge would enter a judgment in favor of the County and Sierra would recover nothing. Even if the judge enters into a judgment in favor of the County the cost to defend the case is estimated to be $60,000.00. It appears that the County's website is compliant with ADA requirements. Certain "PDF" documents that have been included on the website may not be accessible by hearing impaired persons. The County is finalizing an agreement with a firm to remediate these documents and future documents. Staff believes that the County's resources would be better spent on making the website ADA compliant. The County's special counsel recommends that the County accept the proposed settlement offer from Sierra. County staff concurs with this recommendation. Staff recommended that the Board approve the proposed settlement offer from Sierra in the amount of $9,000.00 and budget amendment for the County Attorney FY 2019 budget. 201Page Regular Meeting Tuesday, November 13, 2018 6:00 PM Commissioner Dzadovsky asked how a PDF can be inaccessible to someone who is hearing impaired. The Communications Division Director, Erick Gill, answered by stating this item is in regards to closed -captioning on the videos that are made available on the website. He further stated the system for videos is in the improvement process that will eliminate this problem in the future. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special meeting on Wednesday, November 14, 2018 at 6pm in the Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL on RFQ No. 18-049 Operation & Development of the Former Indian River Terminal at the Port of Fort Pierce. B. The Board of County Commissioners will hold their Annual Reorganization meeting on Tuesday, November 20, 2018 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on Thursday, November 22 and Friday, November 23 in observance of Thanksgiving. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 27, 2018 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. 21 1