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HomeMy WebLinkAboutMinutes 12.05.2017S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 5, 2017 Convened: 6:02 PM Adjourned: 7:23 PM 1. CALL TO ORDER The meeting was called to order at 6:02 PM by District No. 4, Chair Frannie Hutchinson Attendee Name Frannie Hutchinson Title District No. 4, Chair District No. 2, Vice -Chairman District No. 1 District No. 3 District No. 5 S s Present Present Present Present Present Arrived 6:00 PM 7:10 PM 6:00 PM 6:00 PM 6:00 PM Tod Mowery Chris Dzadovsky Linda Bartz Cathy Townsend Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Alice Sennott Record Clerk Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 2. INVOCATION The invocation was led by Howard Tipton, County Administrator. 3. PLEDGE OF ALLEGIANCE Generated 121812017 12:01 PM Regular Meeting Tuesday, December 5, 2017 6:00 PM 4. APPROVAL OF MINUTES A motion was made to approve both sets of meeting minutes and it carried unanimously. A. Board of County Commissioners minutes for the meeting of Tuesday, November 21, 2017 B. Board of County Commissioners minutes for the meeting of Tuesday, November 21, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend ABSENT: Tod Mowery S. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PRESENTATIONS A. Cooperative Extension: Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will make their annual Christmas Remembrance Presentation to the Board. Chairman Hutchinson introduced Sue Munyan, a retiring leader of the 4-H Clubs. The members of the 4- H Clubs spoke to the Board about their involvement this past year within St. Lucie County and presented their gifts of appreciation to the Board. Sue Munyan addressed the Board and thanked all the supporters. Chairman Hutchinson invited the Commissioners to say a few words. Chairman called for a 10 minute recess at 6:47 PM 7. PUBLIC COMMENT (excluding Public Hearing items) Chairman Hutchinson opened the meeting for public comment at this time. Pat Simmons, 156 SW Peacock in Port St. Lucie, expressed her positive reaction to the defeat of three bills regarding gun control. She expressed concern and asked for support on a federal bill regarding Concealed Carry Reciprocity. There being no one further wishing to come before the Board, Chairman Hutchinson closed public comment. 2 1 P a g e Regular Meeting Tuesday, December 5, 2017 6:00 PM 8. CONSENT AGENDA A motion was made to approve the consent agenda and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend ABSENT: Tod Mowery A. WARRANTS 1. Warrant Lists 7 & 8 B. ADMINISTRATION 1. Resolution - Watershed and Lagoon Life Education 2. Local Arts Agency Consulting Services - Brevard Cultural Alliance Development of a Local Arts Agency for St Lucie, County 3. Letters to Congressional Delegation on Tax Reform C. COUNTY ATTORNEY 1. Revocable License Agreement - River Park - 758 Altura Street - Parcel ID 3419-515-0112- 000-4 - Fence in Drainage/Utility Easement 2. Resolution - City Electric Supply Company Qualified Target Industry and Job Growth Incentive Grant Agreement D. COMMUNITY SERVICES 1. Resolution - Modification of Community Services Block Grant (CSBG) 2. Resolution - Hurricane Loss Mitigation Program (HLMP) E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. 3 1 P a g e Regular Meeting Tuesday, December 5, 2017 6:00 PM G. FACILITIES There are no items scheduled. H. HUMAN RESOURCES There are no items scheduled. I. INFORMATION TECHNOLOGY There are no items scheduled. J. LIBRARY SERVICES 1. Memorandum of Understanding - Rupert J. Smith Law Library K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. L. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. M. PARKS & RECREATION 1. St. Lucie County Parks and Beach Access Mobile Food Vendor Pilot Program 2. Baseball Field Warning Track Repair at First Data Field - Bid #18-012 N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. O. PUBLIC SAFETY 1. Resolution - Emergency Medical Services Grant (EMS) P. PUBLIC WORKS 1. Kings Highway and Indrio Road Intersection Improvements - First Amendment to the Contract with Dickerson Florida, Inc. 2. Phase I and Phase II Cortez Boulevard and South 25th Street - Final Acceptance Q. SHERIFF'S OFFICE 1. Budget Amendment for Debt Proceeds and Capital Outlay 4 1 P a g e Regular Meeting Tuesday, December 5, 2017 6:00 PM R. SOLID WASTE There are no items scheduled. S. SUPERVISOR OF ELECTIONS There are no items scheduled. T. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. U. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Medical Marijuana Dispensaries Katherine Barbieri, Assistant County Attorney, presented this item. The Florida Right to Medical Marijuana Initiative, Amendment 2 was on the November 4, 2014 ballot in the State of Florida as a constitutional amendment. On May 16, 2017, the Board of County Commissioners approved Ordinance No. 17-005 which allowed medical marijuana dispensaries as a permitted use in CG, commercial general zoning district and created supplemental standards. The proposed ordinance repeals Ordinance No. 17-005 and provides for the same location criteria as apply to licensed pharmacies. The Board did not have any questions or comments on this item. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Hutchinson closed the public hearing. This is the first of two public hearings. The Board approved a second hearing on December 19, 2017 to hear the proposed draft ordinance. RESULT: 1ST READING APPROVED B. PLANNING & DEVELOPMENT SERVICES 1. Hillbilly Lot Rezoning Chairman Hutchinson noted that this item was quasi-judicial and asked for Commissioners' disclosures: • Commissioner Dzadovsky spoke only with staff • Commissioner Townsend spoke only with staff • Chairman Hutchinson spoke only with staff • Commissioner Bartz spoke only with staff. 5 1 P a g Regular Meeting Tuesday, December 5, 2017 6:00 PM Bethany Grubbs, St. Lucie County Planning & Development Services Planner, presented this item. The subject undeveloped property consists of 0.56 acres and is located within the Jay Gardens subdivision, on the North side of Orange Ave. The applicant is seeking a change in zoning to allow for the building of a residential dwelling unit. While the parcel is a legal, nonconforming lot of record, and a residential structure can be constructed as the parcel stands, the applicant has expressed a desire to construct the dwelling unit in accordance with the setbacks of the RS-4 zoning district. The proposed residential, single-family zoning district, in which the applicant is seeking, is found on the parcel to the south. This parcel is under the same ownership as the petition site. The rezoning to RS-4 will continue the existing zoning patterns that have occurred within the neighborhood and will satisfy the requirements of the Land Development Code for this zoning district. Staff recommends approval of the rezoning from AR- 1 (Agricultural, Residential - 1 du/ac) to RS-4 (Residential, Single -Family - 4 du/ac) zoning district. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to appear before the Board, Chairman Hutchinson closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve the resolution and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend ABSENT: Tod Mowery 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. South Florida Water Management District (SFWMD) Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update The County Attorney presented this item as detailed in the agenda. On June 17, 2014, the Board adopted Resolution No. 14-091 opposing the plans proposed by All Aboard Florida (AAF). On September 29, 2017 the Administrative Law Judge issued his Recommended Order recommending that the Environmental Resource Permit be issued. The next step in the process involves review by the SFWMD of the Exceptions to the Recommended Order jointly filed by St. Lucie County and Martin County on October 16 and the Recommended Order. The SFWMD issued a Final Order on November 16, 2017 adopting the Recommended Order. Any of the parties has the right to appeal the District's Final Order to the District Court of Appeal by December 16, 2017. St. Lucie County has the right to appeal. The cost of the appeal would be about $75,000 and the cost would be split if Martin County chooses to appeal. The County Attorney did not 6 1 P a g E Regular Meeting Tuesday, December 5, 2017 6:00 PM believe that appealing the order would be a prudent use of resources. Even in the best case scenario, with the county winning every issue on appeal, the County Attorney believed all the issues can be addressed by amending the plans. Staff recommended that the Board direct staff to not appeal the SFWMD Final Order. Chairman Hutchinson addressed the Board for questions or comments. Commissioner Townsend agreed with the County Attorney. Commissioner Dzadovsky stated as he represents a large portion of the County who may be affected, he continues to fight with all the issues with All Aboard. He further stated the Board and County Attorney have incurred four years of effort and time with positive results. Commissioner Dzadovsky does not support this resolution on behalf of his District. Chairman Hutchinson agreed with comments made. A motion was made to approve the resolution. Upon roll call, the motion passed 4-1: RESULT: ADOPTED [4 TO 1] MOVER: Cathy Townsend, District No. 5 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Frannie Hutchinson, Tod Mowery, Linda Bartz, Cathy Townsend NAYS: Chris Dzadovsky 11. ANNOUNCEMENTS A. The Board of County Commissioners monthly Informal meeting on Tuesday, December 12, 2017 has been CANCELLED. B. There will be a Special BOCC meeting held to discuss the Port of Fort Pierce on Tuesday, December 12, 2017 at 6pm 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 a Regular meeting on Tuesday, December 19, 2017 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. County offices will be closed on Friday, December 22, 2017 and Monday, December 25, 2017 in observance of Christmas. 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. 7 1 P a g e