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HomeMy WebLinkAboutMinutes 05.16.2017S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting May 16, 2017 Convened: 9:00 AM Adjourned: 11:33 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky V District No. 1, Chairman District No. 2, Vice -Chairman Arrived Present 9:00 AM Tod Mowery Present 9:00 AM Linda Bartz District No. 3 Present 9:00 AM Frannie Hutchinson District No. 4 Present 9:00 AM Cathy Townsend District No. 5 Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Mark Satterlee Deputy Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Katherine Barbieri Asst. County Attorney Present 9:00 AM Edward Matthews Parks, Recreation & Facilities Director Present 9:00 AM Don West Public Works Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Leslie Olson Director, Planning & Development Services Present 9:00 AM Ron Roberts Director of Public Utilities Present 9:00 AM Melissa Upton Clerk to the Board Present 9:00 AM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 511912017 4:40 PM Regular Meeting Tuesday, May 16, 2017 9:00 AM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, May 02, 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 - Adoption of a resolution proclaiming the month of May 2017 as "American Stroke Month" in St. Lucie County, Florida. Ivette Miranda, Chief Executive Officer of HealthSouth Rehabilitation, Beth Mourelatos, Executive Director of the American Heart Association/American Stroke Association of Palm Beach County and Mike Claus SLCTV Coordinator accepted the proclamation. Ms. Mourelatos thanked the Board and discussed the American Heart Association and American Stroke Association's efforts to improve and save lives through awareness. Ms. Miranda spoke about the importance of rehabilitation and the services offered by HealthSouth. She invited the public to tour the HealthSouth facilities in Stuart and Vero Beach. Mr. Claus addressed the Board and discussed his experience as a stroke survivor since 2009. He also detailed the signs to spot a stroke, FAST - facial drooping, being able to raise or lower arms, speech difficulty and time to respond. Mr. Claus stated that he was able to receive treatment for his stroke almost immediately and the importance of a quick response. He also emphasized the importance of noticing the signs in children, who are also susceptible to strokes. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. Resolution - Adoption of a resolution proclaiming the week of May 21-27, 2017 as "Emergency Medical Services Week" in St. Lucie County, Florida. St Lucie County Fire District Deputy Chief, Brian Blizzard accepted the proclamation. He indicated in the last year the Fire District responded to nearly 52,000 calls for service and approximately 90% of the calls were emergency medical calls. He explained the wide variety of emergency medical services provided by the Fire District and thanked the Board on behalf of the professionals who provide those services. Chairman Dzadovsky acknowledged the importance of first responders for providing safety to the residents of St Lucie County. 2 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. PUBLIC COMMENT This item was moved after Item 7.A. Roy Brewer, St Lucie County Resident - Mr. Brewer identified himself as the Chairman of the United Veterans of St Lucie County. He indicated his support of the Ardie R Copas nursing home. His organization offered their support to the project and expressed his optimism over the proposed home. He thanked all staff and representatives involved with the project. Chairman Dzadovsky commended the United Veterans of St Lucie County for their support of I local veterans. He asked Mr. Brewer how the public can support the organization. Mr. Brewer answered that he can be contacted directly at 772-359-3428 or rbrewer794@earthlink.net. A. (excluding Public Hearing items) 7. PRESENTATIONS A. Copas State Veterans' Nursing Home Update - Lt. Col. Glenn Sutphin, Executive Director, Florida Department of Veterans' Affairs & Col. Al Carter, Deputy Executive Director, Florida Department of Veterans' Affairs This item was presented before Item 6. Public Comment. Chairman Dzadovsky acknowledged several honored guests present at the meeting: Senator Negron, Representative Harrell, Representative Larry Lee Jr, and Representative Grall. He also recognized Senator Rubio and Senator Nelson for their assistance with this project. The Copas State Veterans' Nursing Home Update was presented by Colonel Glenn Sutphin, Executive Director and Colonel Al Carter, Deputy Executive Director of the Florida Department of Veterans Affairs. Colonel Sutphin introduced his staff present at the meeting: Colonel Carter, Chuck Faircloth, and Colonel Clark. Colonel Sutphin discussed the critical needs for the 1.5 million veterans in Florida. He indicated that 35% of the veterans in the state do not know about their earned benefits and emphasized the importance of utilizing these services to provide data that will lead to more resources for the state. Colonel Sutphin stated that veterans bring almost $18 billion in federal funding to Florida each year. He urged the public to encourage veterans to register for their benefits for themselves and their dependents. He detailed the figures related to services for disabled veterans and noted the VA indicates the State of Florida should have 4,049 beds available and it currently only has 720 beds. Colonel Sutphin explained the history of the Ardie R. Copas State Nursing Home in Port St Lucie since the concept was developed in 2014. He acknowledged the value of the partnership with St 31 Regular Meeting Tuesday, May 16, 2017 9:00 AM Lucie County during this process. He also explained the process of determining the appropriate layout for the nursing home and his efforts to appeal the "community living center" based on the needs of Florida's veterans. He commended Representative Harrell for her efforts to secure funding for this nursing home as well as the restoration of another home. Colonel Sutphin explained the accolades received by the existing nursing homes in the state and his reasoning for promoting the same layout for the Ardie R. Copas State Veterans Nursing Home. He explained his efforts to contact leaders, including Governor Scott and President Trump to promote the nursing home. Colonel Sutphin was invited by Governor Scott to attend a bill signing at the White House. He spoke with the President who referred him to the Dr. Shulkin, the Secretary of Veterans Affairs. Following these meetings, the VA released a statement regarding construction design guidelines which allowed governors to follow their own state guidelines for the construction and design of the facilities while still qualifying for the 65% match funding. Colonel Sutphin indicated this change allowed for a less expensive facility as well as a more response -ready facility in case of emergency. He asked the Board for their support of the award -winning design to build the nursing home. He stated it would take approximately 6 to 9 months to get changes made to the design and indicated the facility could be built in 18 months once construction starts. Colonel Sutphin acknowledged the frustration felt by the county over the 3 year delay on the project. He discussed the current homes throughout the state and the proposed new sites. He reiterated his enthusiasm to get the project moving forward quickly. Representative Gayle Harrell addressed the Board and thanked Colonel Sutphin for his work on the project. She expressed her optimism regarding the increased funding. Representative Harrell asked the Board to work with the Department of Veterans Affairs to move the project forward. She also acknowledged Commissioner Hutchinson for her support throughout the process. Commissioner Hutchinson thanked Colonel Sutphin for his presentation and mentioned questions she has received regarding the timeline of the project. She stated the county and the City of Port St Lucie have been working together diligently to prevent any delays and move forward as quickly as possible. Colonel Sutphin indicated the county has done their part to do the right thing for Florida's veterans. Commissioner Hutchinson challenged the Department of Veterans Affairs to meet the projected 6 to 9 months for groundbreaking. Commissioner Bartz spoke about her experience working on the project while at the City of Port St Lucie. She expressed her excitement over reaching this point and emphasized the need for this facility in the county. She stated county staff and representatives are available to offer any support that is needed. Colonel Sutphin explained the funding process that will allow the project to move forward before the funding is received on July 1st. Chairman Dzadovsky thanked Senator Nelson, Senator Rubio, Senator Negron, Representative Harrell, Representative Grall, Representative Larry Lee Jr and the entire Florida Legislature. He also mentioned the support received by Marion County during the process. Chairman Dzadovsky acknowledge Glenn Henderson, Wayne Teegardin and Dan McIntyre for their efforts 4 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM related to the project. He asked the veterans in the audience to stand for recognition and thanked them for their support. Colonel Al Carter presented an overview of the Ardie R Copas State Veterans Nursing Home. He presented the pros and cons of the facility, images of the facility's proposed design, the facility layout, images of the specific features of the nursing home and the enhancements being made to the new facility. Chairman Dzadovsky reiterated the value of the combined efforts from all levels of government. He thanked the City of Port St Lucie mayor and staff for their assistance. B. Treasure Coast Regional Household Travel Survey - Gabriella Ferraro, Public Information Officer, Quest Corporation of America, Inc. The Treasure Coast Regional Household Travel Survey was presented by Gabriella Ferraro and Tamara Phillips, Public Information Officers with Quest Corporation of America. Ms. Ferraro explained the Florida Department of Transportation's Treasure Coast Regional Household Travel Survey. She stated approximately 60,000 residents have received letters inviting them to participate in the survey, however all residents are welcome to participate. She pretend a public service announcement to provide an overview of the project. Ms. Ferraro emphasized the importance of documenting residents' travel patterns over a typical day. Ms. Phillips detailed the process of the survey and the required information to participate. She explained that every mode of transportation is included in the survey and the data is used to improve these methods for residents. She stated residents can write down their travel logs, call the designated phone number, or use the app to automatically download their route. Ms. Phillips expressed optimism over the potential response from the Treasure Coast. Ms. Ferraro presented the website treasurecoastsurvey.com. She thanked county staff for sharing information about the survey and airing the PSA. C. Rock the Ribbon - Jennifer Garrity, Budget & Contracts Coordinator Jennifer Garrity, the County Budget and Contracts Coordinator presented "Rock the Ribbon". Ms. Garrity explained the county's participation with Making Strides for 2017. She introduced her team of staff members and recognized the 2016 team leader, Carol Bishop. Ms. Garrity indicated that St Lucie County raised over $11,000 for Making Strides and was the fundraising leader in the area for 2016. She emphasized the theme, "you are not alone" and the importance of having the support of others. She explained the "Wall of Hope" that will display the names of donors in the county's administrative building. Ms. Garrity also described the "BOCC Rocks" project that will sell donated rocks and have the departments compete with each other. She presented items for sale and described the raffle baskets to raise funds as well. There will also be a dodgeball and kickball tournament. Ms. Garrity stated "Real Men Wear Pink" will sponsor the county rock band playing at several events in honor of Bob Adolphe. Mr. Adolphe's participation in "Real Men Wear Pink" along with Ed Mathews raised approximately $8,000 last year. Chairman Dzadovsky asked how residents at home can get involved with the fundraising. Ms. Garrity indicated she can be contacted at 772-462-1517 and they will be advertising to the public through the media team. 5 1 P a g E Regular Meeting Tuesday, May 16, 2017 9:00 AM 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 30 & 31 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Award of Bid No. 17-028: Drug Testing Analyzer and Purchase of Supplies 2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund Commissioner Hutchinson asked staff to present an update on this item for the next BOCC Informal Meeting. The County Administrator confirmed that would be presented. 3. Reauthorizing the Levy for the Local Option Fuel Tax - Permission to Advertise 4. Resolution - Recommending approval of ABC Home Medical Supply, Inc. as a targeted industry 5. Second Amendment to Lease from Peacock University, LLC for Guardian Ad Litem Program C06-12-754 6. Resolution - Interim Septage Receiving Policy & Procedures 7. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish four (4) Unsafe Structures in St. Lucie County, FL D. COMMUNITY SERVICES 1. Recommendation to Accept a JPA through the FDOT Intermodal Development Program- SLC Bike Share 6 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM 2. Resolution - Annual State Aid to Libraries Grant Allocation for FY 2017 E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 17-012, Treasure Coast International Airport and Business Park Master Plan Update K. PARKS, RECREATION & FACILITIES 1. Fair Association Donation Agreement - Restroom 2. Award of Bid No. 17-027, St. Lucie West Roof Replacement L. PLANNING & DEVELOPMENT SERVICES 1. Mainstreet Village Final Plat M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Fra Mar/Wagner Municipal Services Benefit Unit (MSBU) 2. Resolution - Green Acres Municipal Service Benefit Unit (MSBU) O. SHERIFF'S OFFICE There are no items scheduled. 7 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS 1. Federal Election Activities Grant Matching Funds R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES 1. Declaring Sunstate & Meter Supply, Inc. as a Sole Source for Purchase of Water Meters T. ST. LUCIE COUNTY WATER & SEWER DISTRICT 1. Resolution - Accepting the Transfer of Assets of the South Hutchinson Island Wastewater System 2. Resolution - North County District Annual Report 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Establishing Zoning Regulations for the Dispensing of Low-THC Cannabis and Medical Cannabis The Assistant County Attorney presented this item for an ordinance establishing zoning regulations for the dispensing of low-THC cannabis and medical cannabis. She noted there are 2 ordinances before the Board and this item was continued from the May 2, 2017 public hearing. The original ordinance (A): Sets the minimum distance between any establishment dispensing low-THC and medical marijuana from schools and parks at 1,000 feet and other establishments dispensing the same at one mile. She explained ordinance B was based on the Sheriff's letter of recommendation and would amend the existing code to establish as a permitted use in commercial general, establishments that dispense low-THC cannabis or medical marijuana. Ordinance B sets the minimum distance between any establishment dispensing low-THC and medical marijuana, schools, licensed daycare facility, religious institution, liquor store and parks at 1,000 feet and other establishments dispensing the same at five miles. She stated the other requirements remained in the ordinance however Ordinance B also limits the maximum number to 3 and allows inspections by the fire chief, sheriff, building official and code enforcement officers. The Assistant County Attorney indicated Ordinance B is mildly based on Osceola County's ordinance. Staff asked the Board to consider both ordinances and provide their direction. 8 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM Chairman Dzadovsky opened the hearing to the public at this time. MaryAnn McNicholas as, - Ms. McNicholas identified herself as a representative of Green Solution and San Felasco Nursery. She stated she has been following the ordinances throughout the state and focused on St Lucie County. She commended staff for being a leader by setting a strong ordinance and developing a model ordinance. Ms. McNicholas indicated she has been following the legislation through the state and offered her assistance as a resource on the topic for the county. Commissioner Hutchinson stated that Chairman Dzadovsky was not present at the last meeting, however he was able to watch the discussion. She reiterated her concerns from the previous meeting regarding the criteria surrounding the zoning decision. She explained it is still an evolving issue at the state level and may require a long and tedious schedule to make changes related to zoning when these criteria are attached to the ordinance. Commissioner Hutchinson explained her discussions with the County Attorney which would allow the Board to pass the zoning and also authorize a moratorium on applications until there are criteria set up. She stated the state may be doing a special session next month. She asked the Board to be less tedious regarding the criteria because the topic will be changing from the Federal and State level. She expressed her concern that some of the criteria may open the county to legal challenges in the future. Chairman Dzadovsky asked the County Attorney if the land use and zoning change could be approved while referring to the code of ordinances to allow for easier adaptation in the future. The Assistant County Attorney answered that the advertisement for the hearing was only for the zoning and supplemental standards for the land development code. She stated the item could be advertised and brought back to the Board. Commissioner Townsend indicated she has worked with the Sherriff's Office to develop an ordinance that will work for the community. She stated the ordinance can be readjusted as necessary and felt the proposed guidelines were fair. Commissioner Hutchinson clarified that her comments were not specific to the Sherriff's recommendations. Commissioner Townsend expressed confidence in Ordinance B based on the work by county staff and the recommendations from the Sherriff's Office. Commissioner Hutchinson stated she generally supported Ordinance B, regarding the distance requirements. She indicated the language limiting the number to 3 is not necessary because the distance requirement already limits the total number. She stated Section H of the ordinance, which pertains to inspection may step over the bounds of a private business. Commissioner Hutchinson noted law enforcement already has the ability to inspect through FDLE and other regulations. She expressed the view that the goal is not to make medical marijuana readily available but rather to make it available to those who need it. She reiterated that some of the criteria may be overkill and make the process more difficult and more restrictive. Chairman Dzadovsky asked how the items discussed compared to Ordinance A. 9 1 P a g e Regular Meeting Tuesday, May 16, 2017 9:00 AM The Assistant County Attorney answered the differences would be distance requirements, the inspection and the limitation of the number. Commissioner Hutchinson made the motion to approve Ordinance B as proposed with the deletion of the language regarding the limit on number of zoning compliances (Section D.G.) and (Section D.H.) regarding the allowable inspections. Commissioner Townsend confirmed Commissioner Hutchinson's request to remove subsections D and H from Ordinance B because those criteria would be preempted by the state code and statutes. Commissioner Townsend seconded the motion made by Commissioner Hutchinson. Chairman Dzadovsky asked if staff was clear on the motion. The Assistant County Attorney confirmed the motion was for Ordinance B with Section D - subsection G and subsection H removed. Commissioner Mowery asked if the Sherriff's Office would be comfortable with the changes as recommended by the Board. Captain Doug Hardie from the St Lucie County Sherriff's Office addressed the Board. He stated the Sherriff's Office does not have the regulatory authority to inspect these facilities at this time. He recommended preceding with caution. Commissioner Hutchinson asked if the department can investigate if illegal drug activity is suspected. Captain Hardie answered that if probable cause of a crime is suspected, the Sherriff's Office can investigate. He noted the Office of Compassionate Use may have put some language in their guidelines to help with illegal diversion. Commissioner Hutchinson mentioned a recent case with the Office of Compassionate issuing a cease and desist. She indicated they have the ability to direct law enforcement. Commissioner Hutchinson reiterated her comment that this section of the ordinance oversteps the bounds for any type of business. The County Attorney indicated it is likely the county will have to revisit the ordinance once the state makes their decision. He proposed removing the last sentence of Section D.H. which broadens the inspection rights to include books and inventory. He considered retaining the first sentence which allows investigation of compliance with state and county laws. Commissioner Hutchinson confirmed the end of that subsection is her main concern. She stated that the agencies listed in the ordinance already have the ability to enter any business currently if they receive a complaint that something is wrong. Commissioner Townsend stated it was her understanding that code enforcement cannot enter a property. Commissioner Hutchinson stated that would apply to a residence, and the current discussion is regarding a public business. The Assistant County Attorney confirmed that if a business is open to the public, an officer can walk in like any member of the public. Commissioner Hutchinson discussed the incident regarding a drug store filling "pill mill" prescriptions and the ability of law enforcement to walk in and shut it down. Captain Hardie stated it is the desire of the Sheriff's Office to establish a relationship with the dispensaries to ensure they stay in compliance while meeting the needs of the county and residents. 10 1 P a g Regular Meeting Tuesday, May 16, 2017 9:00 AM Chairman Dzadovsky asked if the Board was still in favor of the motion made earlier. Commissioner Hutchinson confirmed her motion to approve Ordinance B with the deletion of (Section D.G.) and (Section D.H) Commissioner Townsend asked if Commissioner Hutchinson would consider the recommendation by the County Attorney to remove part of Section D.H. Commissioner Mowery expressed he would be more comfortable with that option knowing the ordinance will be amended in the future. Commissioner Hutchinson indicated she will keep her motion as is, and the language could be added in the future if deemed necessary. Chairman Dzadovsky clarified the issue with the last sentence of Section D.H. Commissioner Townsend stated she would prefer to keep Section D.H. and remove the last part of the language. Commissioner Hutchinson asked if the Board would agree with ending the subsection after the word "police": "During business hours and other times of apparent activity, all approved premises shall be subject to inspection by the fire chief, the building official, code enforcement officer, county sheriff, police". Commissioner Hutchinson expressed her concern that the remainder of the language would create the possibility of a lawsuit in the future. Chairman Dzadovsky asked staff to confirm they understood the corrections and the I 1TW . , Commissioner Mowery asked if what was left still provides for inspection of the facilities by law enforcement. The County Attorney stated the language still gives law enforcement the right to inspect with the purpose of upholding compliance with the law. He indicated it would not limit law enforcement. Chairman Dzadovsky reinterred that this will be a fluid document moving forward. He asked for the roll to be called. Commissioner Mowery - YES Commissioner Bartz - YES Commissioner Townsend - YES Commissioner Hutchinson - YES Chairman Dzadovsky - YES RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Ordinance - Amendments to Wireless Telecommunications Towers and Antennas Ordinance The Assistant County Attorney presented this time for an ordinance amending the wireless telecommunications towers and antennas ordinance. She stated in 2008, St Lucie County enacted an ordinance establishing guidelines for the siting of wireless telecommunication towers and antennas and established a minimum separation requirement of 200% of telecommunications tower height. In January 2009, the Board 111 Page Regular Meeting Tuesday, May 16, 2017 9:00 AM amended that section which revised the minimum separation requirements for towers to 750 feet or 200% of telecommunication tower height, whichever is greater. She continued that Section 365.172 of the Florida Statutes provides that any setback or distance separation required of a tower may not exceed the minimum distance necessary, as determined by local government, to satisfy the structural safety or aesthetic concerns that are to be protected by the setback or distance separation. Staff provided a table showing the separation requirements of several other jurisdictions and noted 750 or 200% seems to be one of the largest in the state. Staff is recommended amending the separation requirements to match the requirement of Indian River County which is 300% of the height of the entire proposed structure. The Assistant County Attorney noted this ordinance went before the Planning and Zoning Commission on April 20, 2017 and received a recommendation of denial by a vote of 5-3. She explained this is the first of 2 public hearings and no vote is required today, the second hearing will take place on June 6th or soon thereafter as may be heard. Chairman Dzadovsky opened the hearing to the public at this time. Scott Lorraine, St Lucie County Resident - Mr. Lorraine indicated he lives in the Wide Waters community. He spoke about his history in the county. He stated there have been efforts by a neighboring community to locate a cell tower closer to his neighborhood. He opposed the proposition being made by Harbor Ridge. Mr. Lorraine expressed his concern for the effects on his community and felt the community should keep the tower in their own community. He reiterated his opposition to a change in the ordinance. Chairman Dzadovsky asked if the item before the Board was specific to a certain site plan or neighborhood. The County Attorney answered it would be a general "cleaning up" of the ordinance for unincorporated St Lucie County. He stated the public comment pertained to a specific application. Robert Sage, St Lucie County Resident - Mr. Sage indicated he lives in the Wide Waters community. He stated his opposition of the proposed ordinance and discussed the negative impacts of cell towers including aesthetic impacts and potential radiation concerns. He asked the Board to deny the proposal. Jim Powell, St Lucie County Resident - Mr. Powell indicated he has lived in Wide Waters for 40 years. He indicated the proposed changes to the amendment may be related to a specific application. He spoke about the impact on current homeowners and discussed the original proposed site near a golf course. Mr. Powell indicated it would not be fair to his community to place the tower in that location. Judy Stabb, St Lucie County Resident - Ms. Stabb indicated he lives in the Wide Waters community. She expressed her opposition to the change in the ordinance. She stated her concern regarding radiation and the negative health impacts on those living near the tower. Steve Lochner, 3191 NW Perimeter Road - Mr. Lochner identified himself as the president of the Wide Waters Property Owners' Association. He indicated the proposed amendment is for Vertext Cellphone Corporation, which has an application in process with the county. He stated the Vertext attorney contacted county staff to suggest this 121Page Regular Meeting Tuesday, May 16, 2017 9:00 AM amendment and would benefit a single corporation at the cost of all of St Lucie County. Mr. Lochner asked why the county would fix the code if there were no problems. He discussed the negative effects such as property values, health impact and the aesthetic impact. He also suggested increasing the setback distance to 1,000 feet rather than reducing it. He cited the lack of lawsuits regarding the statute and indicated it is not currently a problem. He asked the Board to follow the recommendation by the Planning and Zoning Commission and vote to deny the ordinance. Mr. Lochner indicated Patrick Canizares, the general manager of the Floridian was presented at the meeting but had to leave before the item was heard. He stated that Mr. Canizares also expressed his opposition of the item. Peggy Epperson, St Lucie County Resident - Ms. Epperson indicated she is the director of the POA for Harbor Ridge. She indicated her understanding was the item was for a public hearing for a code amendment and not for the details of a specific item. She stated the current code was stricter in St Lucie County and not in compliance with Florida law. She detailed the original plans for the cell tower that would create a variance and therefore was not usable. Ms. Epperson indicated the only other possible site would be next to the dog park area. She stated the area is heavily treed and only the top of the monopole tower would be visible. She added this tower would not be similar to the ones along the highway and would produce less radiation than a microwave oven. She requested that the Board review the full statute in their decision and the application for the cell tower is a separate consideration. Chairman Dzadovsky confirmed with the County Attorney that this item is not for a specific site plan. He asked staff to clarify the process for a cell tower to be constructed in the county. The County Attorney answered there is an application process that would ultimately become a public hearing before the Board. The Comprehensive Planning Coordinator added that the process would be a conditional use application and a site plan application. The conditional use application requires 2 public hearings. She confirmed it goes to the Planning and Zoning Commission before the Board of County Commissioners. Chairman Dzadovsky stated that concerns regarding a particular site plan are separate from concerns regarding the amendment to the ordinance. He confirmed the second public hearing would be June 6 and there would be no action required by the Board. Commissioner Mowery stated the current ordinance is not out of compliance. The ordinance was last amended in 2008 and 2009 and the current amendment came forward as a result of an application that the county received. He discussed his contacts with residents that would be impacted and expressed his understanding of their concerns. He also identified the county's efforts to protect the county from lawsuits. Commissioner Mowery expressed he did not feel comfortable moving forward with the amendment at this time. Based on the application prompting the amendment, he stated he did not want the county to take a position that appears to provide an advantage to one side. Chairman Dzadovsky stated he did not feel comfortable pulling the item from the agenda today because 2 public hearings have already been advertised relating to the 131Page Regular Meeting Tuesday, May 16, 2017 9:00 AM item. He indicated the best course of action would be to make that decision at the second public hearing. Commissioner Mowery stated the hearing could be moved to another date. Chairman Dzadovsky reiterated his preference to keep the dates as advertised. The County Attorney confirmed the date of the second hearing can be changed. He stated the date and time of the second hearing would need to be announced. Commissioner Mowery asked the Board to consider a continuation of the item to allow other interested parties to be involved. He confirmed a continuation can be approved at the second public hearing and asked the Board to move that hearing forward at least 2 months. The County Attorney stated the next meeting for the second public hearing would be June 20th or July 5th. Commissioner Townsend indicated she agreed with Commissioner Mowery. Commissioner Mowery made the motion to change the second public hearing to July 5th at 6PM and Commissioner Bartz seconded the motion. Commissioner Mowery added that July 5th may have staff members out of the office. He proposed July 18th at 9AM. Chairman Dzadovsky stated that a night meeting would allow more residents to attend. Commissioner Hutchinson asked what will be the benefit of pushing the second hearing to August if the intent is to continue the item at that time. She stated the Board should move forward with the second hearing and choose to continue the item at that time. Commissioner Mowery stated he does not want the ordinance to be amended at all at this point. Commissioner Townsend asked if the item can be denied now and not move forward with a second public hearing. Chairman Dzadovsky stated he would not be comfortable doing that. Commissioner Mowery stated the item is a county -initiated request and therefore there is no applicant involved. Chairman Dzadovsky reiterated Commissioner Hutchinson's point and suggested sending the item to the second public hearing for public comment and the Board can continue it or deny it at that time. He did not want to keep residents waiting to hear the item or attending multiple meetings. Commissioner Mowery asked why not kill the bill at this point. Chairman Dzadovsky asked the County Attorney if the second hearing was required. He stated his concern that some members of the public were unable to attend the current meeting. The County Attorney stated the Board could vote to not continue to the second hearing. He stated the second hearing would allow for additional public input. The Planning and Development Services Director made a recommendation to move forward with the second public hearing. She stated staff would like the opportunity to consider the ramifications of not adopting the ordinance. Chairman Dzadovsky asked the Board to move forward to the second public hearing on the basis of transparency. Commissioner Hutchinson asked which date is being proposed for the second hearing. Chairman Dzadovsky confirmed it would be the original date advertised, June 6, 2017. 141Page Regular Meeting Tuesday, May 16, 2017 9:00 AM Commissioner Hutchinson agreed with the Chairman's recommendation based on the members of the audience who had to leave the meeting earlier. Commissioner Mowery agreed that moving forward with the second hearing and at that time proposing a continuation would be the best option from a procedural standpoint. He noted that those who spoke before the Board would have been affected by the normal channels of an application for a cell tower request. Chairman Dzadovsky confirmed the consensus of the Board to move forward with the second public hearing. The County Attorney confirmed the second public hearing would take place Tuesday June 6 at 6PM or soon thereafter. RESULT: DISCUSSION 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointments to the Treasure Coast Education & Research Development Authority (TCERDA) Board Chairman Dzadovsky commented that members of the Board of County Commissioners may benefit from more time to consider the aspects that make up the TCERDA Board in regards to choosing the appointments. He stated there isn't a time constraint on moving this forward at this time. He asked the Board to consider moving this item to an Informal meeting for further discussion. The County Administrator confirmed there is no need to move forward at this time. The appointments would be required to hold the joint meeting with the Board. He stated the discussion could be scheduled for the Informal Meeting in June. Commissioner Hutchinson agreed with Chairman Dzadovsky's comments. She recommended having the current TCERDA Board and Ag Advisory Board present to participate. The County Administrator indicated staff is currently reviewing the business plan for TCERDA and therefore the joint meeting will be pushed back. He stated a conversation about the TCERDA Board could take place at the June Informal Meeting. Commissioner Mowery, as the representative to the TCERDA Board, stated he was impressed with the list of candidates. He reiterated the importance of examining the goals of TCERDA before appointing any new members to that Board. Commissioner Hutchinson spoke about the unique qualifications of many of the applicants and proposed inviting them to attend the meeting as well. Commissioner Townsend agreed with the decision to discuss the item before making appointments to the Board. RESULT: DISCUSSION ���liP►ji'/e�T�7�►1�'1 15 1 Regular Meeting Tuesday, May 16, 2017 9:00 AM 1. Resolution - Increasing Fees for Processing and Disposal of Yard Waste at the St. Lucie County Glades Road Landfill The County Attorney presented this item for a resolution to increase fees for the processing and disposal of yard waste at the St Lucie County Glades Road landfill. He stated the County owns and operates a solid waste management facility located on Glades Cut -Off Road. He noted a resolution was adopted last year which established certain "tipping fees". Staff noted County's Solid Waste Director explained the need for an increase in the disposal fee in a memorandum dated April 24, 2017. If the proposed rate increase is approved, the rates would be effective on October 1, 2017. Commissioner Mowery stepped away from the dais at the time of the vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Chris Dzadovsky, Linda Bartz, Frannie Hutchinson, Cathy Townsend ABSENT: Tod Mowery 2. St. Lucie County Sports Complex - Non -Ad Valorem Revenue Bonds Series 2017 Bond Resolution The County Attorney presented this item for a resolution that authorizes the issuance of not exceeding $56 million in non -ad valorem revenue bonds to fund the renovation of the St. Lucie County Sports Complex. He stated that the Board has previously approved an agreement with Sterling Facilities (NY Mets) and an agreement with the State of Florida Department of Economic Opportunity which would fund $20 million over a period of 20 years. He continued, the Mets have dramatically increased their contributions over current figures and the county will receive a number of additional facilities. Staff stated the bonds would be secured by a pledge of state revenues along with a covenant from the county to budget and appropriate sufficient non -ad valorem revenues. The County Attorney anticipated that the county will use stadium revenues, state revenues and tourist tax revenues to pay the debt service. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Local Option Gas Tax Resolution - Notice of Intent to Levy The County Attorney presented this item for a notice of intent to levy relating to the local option gas tax resolution. He indicated that the county and the City of Port St Lucie will not be able to approve an interlocal agreement that pertains to distribution of proceeds from the local option gas taxes by the statutory date of June 1. He stated that if the parties are unable, state law requires that the county adopt a resolution of intent to levy the local option gas tax prior to June 10. He stated the approval of this resolution 16 1 P a g Regular Meeting Tuesday, May 16, 2017 9:00 AM does not obligate the Board to levy, there will need to be a public hearing and adoption of an ordinance. The County Attorney indicate there was an item in the Consent Agenda approved to advertise an ordinance to consider that on June 6th at 6PM. Commissioner Bartz made the motion to approve. Chairman Dzadovsky passed the gavel to Commissioner Mowery in order to second the motion. Motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend C. PLANNING & DEVELOPMENT SERVICES 1. Major Site Plan - Maverick Boat Group The County Senior Planner item for the Maverick Boat Group major site plan. Staff detailed efforts by county staff to expedite this item for presentation to the Board, based on the economic impact to the county as a targeted industry. Staff presented zoning and future land maps of the proposed site and explained the surrounding uses. He explained the 4 building phases of the project and the total of 3 building with over 250,000 square feet. Staff noted there will be no undue adverse effects on nearby properties. The Senior Planner presented the landscaping plan, traffic studies, utility services and images of the site elevation. Staff concluded the major site plan is in order and recommended approval by the Board. Chairman Dzadovsky thanked all staff involved for their efforts to get this item to this point. He also thanked Maverick Boats for being a positive member of the community for over 30 years. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend D. PUBLIC WORKS 1. Resolution - Fra Mar/Wagner Municipal Services Benefit Unit Special Assessment Revenue Bond Series 2017 The County MSBU Coordinator presented this item for a resolution relating to the Fra Mar/Wagner MSBU special assessment revenue bond series. Staff stated the Board created the Fra Mar/Wagner MSBU after petitions were submitted by the majority of affected property owners requesting that the Board create an MSBU to fund the cost of constructing potable water and fire protection improvements in their neighborhood. In April 2017, the Board levied non -ad valorem special assessments on the parcels within the Fra Mar/Wagner MSBU and authorized the issuance of special assessment revenue bonds in an amount not to exceed $283,000. The county's Financial Advisor requested proposals from lending institutions that could provide the county with a fixed rate, 10- year term loan. The County MSBU Coordinator indicated proposals were received from 171Page Regular Meeting Tuesday, May 16, 2017 9:00 AM CenterState Bank, JP Morgan Chase Bank, and Pinnacle Public Finance. After the proposals were reviewed and discussed by county staff, the Financial Advisor, and the County's MSBU Bond Counsel, it was determined that Pinnacle Public Finance provided the most favorable rates and terms to the county. She stated Resolution 2017-113 was prepared by the county's MSBU Bond Counsel, Chris Roe of Bryant Miller Olive and if approved, the resolution will authorize the issuance of special assessment revenue bonds in an amount not to exceed $283,000. The security for the bonds would be a lien upon the pledge of the special assessments and no other county revenue source would be pledged for the repayment of the bonds. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. St. Lucie County is hosting a Free Travel & Tourism Showcase on Saturday, May 20th from 10 a.m. to 3 p.m. at the Havert L. Fenn Center in Fort Pierce. This is an opportunity for residents to find out everything there is to do in the region. For more information contact Charlotte Bireley, bireleyc@stlucieco.org or (772) 462-1539. B. The Board of County Commissioners will hold a Regular Meeting on Tuesday, June 6th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Informal Meeting on Tuesday, June 13th at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular Meeting on Tuesday, June 20th at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. County offices will be closed on Monday, May 29, 2017 to observe Memorial Day. 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. ou