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HomeMy WebLinkAboutMinutes 03.07.2017S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 7, 2017 Convened: 6:00 PM Adjourned: 7:02 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 District No. 4 Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Asheley Hepburn Director, Office of Management & Budget Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 311012017 1:29 PM Regular Meeting Tuesday, March 7, 2017 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 21, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming the week of March 19-25, 2017 as "National Surveyors Week" in St. Lucie County, Florida. Chad Maxwell, the president of the Indian River Chapter of the Florida Survey and Mapping Society accepted the proclamation. Mr. Maxwell thanked the Board for the recognition and introduced the vice-president of the chapter, Bob Johnson. Mr. Johnson also thanked the Board and spoke about the contributions made by surveyors in St Lucie County. He encouraged anyone who wishes to learn more about their profession to visit the Florida Surveying and Mapping Society website at FSMS.org or the National Society of Professional Surveyors at NSPS.us.com. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. Resolution proclaiming the month of March 2017 as "American Red Cross Month" in St. Lucie County, Florida. Phill Brodeur, the community volunteer leader accepted the proclamation along with Tanya Morgan, Judy Nash -Wade and Terry Ann Paulo. Mr. Brodeur thanked the Board for the recognition and discussed the efforts of the Red Cross during "blue skies", or times when the organization is not deployed for a local or national disaster. Mr. Brodeur introduced Ms. Nash - Wade, the Disaster Action Team captain to review the team's response to 16 home fires in St Lucie County since the beginning of the year. She urged the public to practice fire safety in their homes and encouraged volunteers to join the organization. Next, Mr. Brodeur introduced Tanya Morgan, the disaster program specialist to discuss the Home Fire Prevention Campaign, which has installed 834 smoke alarms in homes in St Lucie County. Chairman Dzadovsky asked how residents in need of a smoke alarm would be able to contact the Red Cross. Ms. Morgan answered that the group is working in partnership with the St Lucie County Fire District and residents may contact the Red Cross or fire district directly. Mr. Brodeur introduced Patty Mayer to discuss the Pillowcase Project, which teaches children in schools how to prepare and be safe in a fire or hurricane. She emphasized the goal of teaching safety in the children's homes. She indicated that 590 students in St Lucie County have participated in the program, with 190 who will participate in the next 2 weeks. 2 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM Chairman Dzadovsky reminded residents to change the batteries in their smoke detectors when they change their clocks for daylight savings this weekend. Mr. Brodeur concluded his presentation by explaining that volunteers can find information at ReclCross.org. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. PUBLIC COMMENT Tamra Philips, St Lucie County Resident - Ms. Philips identified herself as a representative for FDOT District 4. She explained the department will be conducting a survey of Treasure Coast residents. The Treasure Coast Regional Household Travel Survey will be mailed across the 3 counties asking for participants. Once the initial questionnaire is mailed back, and additional travel survey will be mailed to residents. Ms. Philips indicated this questionnaire will ask for information regarding where participants traveled for one day. She stated that FDOT is interested in gathering information regarding where travelers are going and where they came from. She added that this information will show the department where new roads, walking paths and bike paths are needed. Ms. Philips urged the public to participate in the survey beginning in April. 7. PRESENTATIONS 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 20 & 21 B. ADMINISTRATION 1. EDA Grant Acceptance for the MRO Hangar 2. St. Lucie County International Airport - Consider Consent to Proposed Hangar Sublease between Fort Pierce FBO, LLC and Everest Aero Solutions, LLC 3 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM 3. To Approve AECOM Technical Services, Inc. Work Authorization #04 for the Rehabilitate Taxilane D1 Design and Related Work Project C. COUNTY ATTORNEY 1. Revocable License Agreement - Peter Miller - 10535 South Ocean Drive - parking spaces for "employees only" on Las Olas Drive 2. Resolution - Ravinia - PUD - Donation of Right -of -Way - 5' on Christensen Road 3. Resolution - Mellen Groves - Donation of Right -of -Way - 15' on Header Canal Road 4. Resolution - Extending Ordinance No. 16-006 which Temporarily Postpones County Approvals for Commercial Composting Facilities 5. Resolution - Budget Resolution - Accepting funds in the form of a reimbursement in a class action law suit for overcharged monies paid to AT&T for a damaged cable wire in the amount of $622.71. 6. Amendment to the Supplement Siemens Healthcare Diagnostics, Inc. Easy Access four (4) year Agreement for the St. Lucie Drug Screening Lab, Contract Number: C13-05-188 7. Amended FY 2016-17 St. Lucie County Health Department Contract 8. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. 1� [:01iTi/_Ll.1*�fIII :T"I There are no items scheduled. H. INFORMATION TECHNOLOGY 1. Xerox Maintenance Contract Amendment No. 10 I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 4 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. Adams Ranch Rodeo Fee Waiver 2. Rock Road Jail As -Built Drawings 3. St. Lucie Chamber Leadership Class 35 - Environmental Day Tour L. PLANNING & DEVELOPMENT SERVICES 1. Angle Road and Avenue D Subdivision - Plat Chairman Dzadovsky pulled this item from the Consent Agenda to be discussed along with Public Hearing item 9.6.1. This item was voted on after Public Hearing item 9.13.1. M. PUBLIC SAFETY 1. Hurricane Matthew Federally Funded Public Assistance State Agreement 2. Rim Ditch Tower Agreement Commissioner Townsend pulled this item for comment. She thanked Ron Parrish for his leadership and direction. N. PUBLIC WORKS 1. Melville Road Master Drainage Plan Commissioner Hutchinson pulled this item for comment. She expressed her gratitude for county staff, including the County Attorney's Office, County Administration and the water quality division. She stated that this project has been in the works for many years and the much -needed drainage will finally be brought to the White City area. 2. North 2nd Street Change Order No. 21 and Change Order No. 22 with Mancil's Tractor Service, Inc. O. SHERIFF'S OFFICE Item moved to 10. B. 1. 91AL1hTLVIA" There are no items scheduled. Q. SUPERVISOR OF ELECTIONS 5 1 P a g e Regular Meeting Tuesday, March 7, 2017 6:00 PM There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Postponement on the Placement of Medical Marijuana Dispensary Facilities The Assistant County Attorney presented this item for an ordinance for the postponement on the placement of medical marijuana dispensary facilities. She stated medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the county land development code or code of ordinances. Staff continued, section 381.986 of Florida statutes permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law". A temporary postponement on the acceptance of applications for the processing of and the issuance of development permits will allow the county time to review, study and hold public hearings. The Assistant County Attorney indicated the Board has granted permission to advertise this ordinance, and the ordinance with go before the Planning and Zoning Commission on March 16th. She indicated this is the second of 2 public hearings as advertised on February 20th and the postponement is only in effect until the other ordinance and regulations are adopted. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Rezoning for Angle Properties, LLC Chairman Dzadovsky asked to have Consent Agenda item 81.1 discussed along with this hearing. He explained the item has been a code compliance case for at least 10 years. He stated there has been cooperation with the new property owner, however the community surrounding the property has been in despair during this time. Chairman Dzadovsky continued that the plat is being done because years ago the Board agreed to separate the properties and discussed the related code fines on the properties. He acknowledged the 90% improvement the new property owner has completed. Based on 6 1 P a g E Regular Meeting Tuesday, March 7, 2017 6:00 PM the improvements done so far and the history of the property, he asked the Board to postpone this item to the next meeting. The County Senior Planner confirmed that this item and the Consent Agenda item could be continued, at the pleasure of the Board. Commissioner Mowery commented that these items would not be a site plan issue and felt that this process would not be appropriate for a rezoning request. Chairman Dzadovsky reiterated that a month delay would give the Board time to discuss the items with staff. He noted that he was unable to meet with staff during the previous week. Commissioner Hutchinson expressed understanding of Chairman Dzadovsky's concerns. She also commented on the progress made by the new property owners. She asked staff if there has been any comment regarding the status of the remaining 10% of improvements to be made. Chairman Dzadovsky stated that it has been at least 3 months since he has observed the site changes and added that the remainder can be resolved very quickly. At this time, the County Senior Planner explained the history of the property. He stated the property owner went to the Code Enforcement Board on February 1st and received a release of lien of the 2 acre portion or "Lot 1" of the plat. He stated the $50,000 lien was transferred to the remaining 10 acre portion or "Lot 2" of the plat, which still has piles of surface debris. He indicated that code enforcement staff determined 90% of the debris on the 12 acre property has been removed. He answered Commissioner Hutchinson's question, stating that there has been no action on the remaining 10% on Lot 2 since the February 1st Code Enforcement Board meeting. The County Senior Planner began his presentation on the zoning change request. He explained the applicant, Angle Properties, LLC is requesting a rezoning from Industrial Light to Commercial General for a 2 acre portion of the 12 acre parcel located at the northeast corner of Angle Road and Ave D. He presented the Board with a map of the subject property and the surrounding properties and current land uses. He explained the subject property is surrounded by industrial light zoning and have a similar future land use designation. He indicated the applicant submitted 2 companion development applications. Staff has reviewed the petition and found the request to comply with the standards of review as outlined in the land development code and comprehensive plan policy. He stated the proposed zoning change to commercial general is compatible with the underlying land use and results in an orderly and logical development pattern of uses in the general area and should have a positive impact on the area. The Senior Planner stated that notice of this public hearing was published on February 17th. a notification sign was installed on the property and mail notices were sent to property owners within 500 feet of the subject property. As of this date, no verbal or written comments have been received. The Planning and Zoning Commission met on July 21st and recommended unanimous approval of the request and staff recommended the Board adopt the resolution. Commissioner Hutchinson indicated the hearing was Quasi -Judicial. She stated that she spoke with the applicant and county staff. Chairman Dzadovsky stated he spoke with county staff and code enforcement staff. Commissioner Mowery stated he had spoken with staff. 7 1 P a g E Regular Meeting Tuesday, March 7, 2017 6:00 PM Commissioner Hutchinson asked for clarification regarding her question on the status of the improvement to the property. Chairman Dzadovsky indicated that there has been no change since the release of lien in February. Chairman Dzadovsky opened the public hearing at this time. Chris Stephens, 605 Delaney Ave Orlando FL- Mr. Stephens identified himself as the representative of the buyer for Lot 1. He spoke about his history with the project since February 2015 and the personal investment of money into the project. He also spoke about the seller's investment to clean the property. Mr. Stephens explained the steps in the process to get the property to a "developable" state. He addressed the comments regarding use of the materials left on the site, and staff that expressed concern over this process. Mr. Stephens indicated the buyer will not use any of the dirt from Lot 2 on Lot 1 and will be using public water for the development. He noted that utilities will be brought to the intersection for the project. Chairman Dzadovsky explained the proposed amnesty program, as recommended by the Planning and Zoning Board, which would assist with the $50,000 lien on the adjoining property. He asked for a commitment to assure the remaining 10% of improvements to the property are completed. Mr. Stephens indicated that he cannot speak for the seller, however he stated they have been extremely cooperative with the project. He expressed his views of the project as positive for the area. Chairman Dzadovsky stated he is willing to support both items as discussed. Commissioner Mowery asked the County Attorney to confirm the process for the items from the agenda. The County Attorney indicated the plat decision does not require a public hearing. He asked the Board to proceed with the resolution for rezoning first and as a separate action, vote on the plat. He also clarified the item being voted on was Public Hearing item 9.B.1. At this time, Chairman Dzadovsky asked the Board to return to vote on Consent Agenda item 81.1. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. South Florida Water Management District Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update The County Attorney presented this item for the South Florida Water Management District Environmental Resources permit modification as related to All Aboard Florida. He Regular Meeting Tuesday, March 7, 2017 6:00 PM provided background for the item, in June of 2014 St Lucie County officially opposed the plans proposed by All Aboard Florida and attached a copy of the Board's resolution. He stated the county has focused its efforts on making sure there are minimal negative effects of the proposed All Aboard Florida project in vehicular/pedestrian safety at crossings and environmental impacts. Staff noted that experts provided comments to the Federal Railroad Administration the Environmental Impact Statement process. As a result of St Lucie County's efforts, significant safety improvements have been made, including: quad gates at 13 crossings, Vehicle Presence Detection technology, and Remote Health Monitoring technology. The County Attorney continued, in September of last year the county along with Martin County challenged the proposed issuance by SFWMD of an Environmental Resources Permit Modification All Aboard Florida. He stated that at the time the county's comments were not fully reviewed and the permit should not have been issued. In September, the Board authorized the filing of a request for an administrative proceeding and sharing the costs of the proceeding with Martin County. The county also increased the All Aboard Florida expense fund by $100,000 as recommended by outside counsel. The request was filed on September 14, 2016. Staff indicated county attempted to obtain an early resolution of All Aboard Florida's claim that most of the project was exempt from permitting. He noted those efforts were unsuccessful. The county has engaged in discovery including deposition of potential witnesses. He continued that after the county filed the request for an administrative proceeding and during the course of discovery, All Aboard Florida modified its plan in October 2016 and January 2017 to address some of county's concerns. The changes included sidewalks, additional quad gates and concrete multiuse paths. Staff met with consultants regarding the value of safety improvements, which were estimated at a value of $2.5 million to $4 million, not including the intangible benefits from the added safety improvements that cannot be quantified. The County Attorney stated the litigation has taken longer than predicted and the discovery process has been very difficult, including delays in identifying witnesses He explained that the change of plans requires further deposition. He stated there is a potential 2 week trial in late May or Early June and a mediation scheduled for March 15th and 16th. He summarized that the goal of the agenda item is to obtain additional funds for this process. To date, the county has spent approximately $600,000 on this effort and has achieved significant benefits. He asked for an additional $250,000 to cover the hearing, which would come from the general fund emergency reserves. He explained the intent to litigate if needed and attempt to achieve a resolution during mediation. Chairman Dzadovsky thanked the County Attorney, the consultants for the project and the Public Works Director for their hard work and effort. a Regular Meeting Tuesday, March 7, 2017 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. SHERIFF'S OFFICE 1. Budget Amendment for capital lease of 115 Sheriff's Office pursuit vehicles The County Administrator presented this item for a budget amendment request from the County Sheriff for a capital lease of 115 Sheriff's Office pursuit vehicles. He explained that as part of last year's budget request the Sheriff indicated a growing need to get back to a regular replacement cycle for vehicles to keep the fleet at a ready state and to reduce the increasing repair cost do to age and miles. He noted the replacement budget beginning in 2009 had been reduced in response to the financial impact of the recession. Staff stated that in support of the Sheriff's Office, the county's 2016 sales tax initiative would have included $815,000 annually for replacement of the fleet. The Sheriff has proposed a 5 year capital lease with the Ford Motor Company which provides for a $1 buy-out at the end of the term, interest rate 3.52%, fixed annual payments of $873,576 and deferred first payment until October 2017 which would place this into next year's fiscal budget. The County Administrator acknowledged the difficulties of the failed sales tax effort and the request being made outside the normal budget cycle. He summarized that staff continues to support the request and detailed other large investments the county has made for public safety. He clarified this item is a request for a budget amendment to recognize $4,080,760 in capital outlay and a corresponding amount in debt proceeds. The Sheriff's Office auditors had determined this action is necessary to properly account for the vehicles as a capital asset. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on March 14, 2017 at 9 a.m. in Conference Room #3 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 March 28, 2017 at 9 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The 2017 St. Lucie County Earth Day Festival will take place April 29, 2017, from 10 a.m. to 3 p.m., at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772)785-5833. 101Page Regular Meeting Tuesday, March 7, 2017 6:00 PM Chairman Dzadovsky noted that the Safety Fair will also be taking place on April 29th at First Data Field. 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.