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HomeMy WebLinkAboutMinutes 05.17.2016S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting May 17, 2016 Convened: 9:00 AM Adjourned: 10:38 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 5, Chairman Kim Johnson Attendee Name District No. 5, Chairman Status Arrived Kim Johnson Present 9:00 AM Chris Dzadovsky District No. 1, Vice -Chairman District No. 2 Present 9:00 AM Tod Mowery Present 9:00 AM Paula A. Lewis District No. 3 Present 9:00 AM Frannie Hutchinson District No. 4 Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Bob Adolphe Deputy County Administrator Present 9:00 AM Mark Satterlee Deputy Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Heather Young Asst. 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 Laurie Waldie Utility Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Melissa Upton Clerk to the Board Present 9:00 AM 2. INVOCATION Generated 512012016 4:53 PM Regular Meeting Tuesday, May 17, 2016 9:00 AM 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Thursday, April 21, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Board of County Commissioners minutes for the meeting of Tuesday, May 03, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson S. PROCLAMATIONS APPROVAL A. Resolution - Adoption of a resolution proclaiming the month of May 2016 as "Community Action Agency Month" in St. Lucie County, Florida. The resolution was accepted by Barbara Mason -Gardiner, the Community Action Agency Board Chair; Barbara Felton, Vice Chair and Darrell Drummond from the Council on Aging. Ms. Mason -Gardiner thanked the Board for their support and spoke about the push to improve organization standards throughout the country. She said she may have to ask for resources to continue doing more through her organization. She commended St. Lucie County's work with community organizations. Ms. Felton addressed the Board and thanked them for their support and allowing staff to work with the Community Action Agency. She spoke about the limited federal funding that is split between 3 counties. Mr. Drummond also expressed gratitude for St. Lucie County's ability to collaborate with other counties. He explained the importance of funding these programs. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Resolution - Proclaiming June 2016 as the first annual "Children's Hero of the Year Awards" month in St. Lucie County, Florida. Lashune Norwood, the Eckerd Kids Project Bridge Lead Transition Coordinator accepted the resolution along with Jacqueline Rhaheed, the Career Service Coordinator. Ms. Norwood thanked the Board for the opportunity to inform the community about her agency and the programs offered for at -risk youth. She spoke about the event on June 2nd to honor members 2 1 P a g E Regular Meeting Tuesday, May 17, 2016 9:00 AM of the community who have helped young people achieve their goals. Ms. Rhaheed thanked the Board and invited them to attend the event on June 2nd. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. Resolution - Proclaiming June 2016 as "Gun Violence Awareness Month" in St. Lucie County, Florida. Pat Simmons, the Sandy Hook Promise Leader for St. Lucie County accepted the proclamation. Ms. Simmons thanked the Board for their support and explained her mission to bring the Sandy Hook Promise organization to Florida. She summarized her goals with the quote "Children aren't bulletproof but we can make guns child proof". Ms. Simmons explained the national initiative from Sandy Hook Promise to wear orange on June 2nd and turn the entire United States orange for that day. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) Annette Brown, 3115 West Dixie Blvd Fort Pierce - Ms. Brown presented the Board with an update from the Morning After Center for Hope and Healing. She spoke about the Sheridan Plaza clean up and thanked Commissioner Dzadovsky for assisting with the work. She explained that the group picked up 1500 pounds of trash that day. She also spoke about the partnership with Treasure Coast Hospice for assisting victims of domestic violence. Ms. Brown organized a community event on Thursday June 2nd at 7 PM at the Love Center located at 907 North 13th Street, Fort Pierce, FL 34950. The "With Love" event aims to inform the community of the services Treasure Coast Hospice offers and commemorate those lost to violence in the community. Ms. Brown also presented the Power of Parenting (POP) event she coordinated with Cheryl Handy. This will be held on Saturday, May 21st at 1 PM at the Boys and Girls Club located at 3104 Avenue J in Fort Pierce. She indicated that this event will serve a healthy lunch to the community. She emphasized that empowering parents leads to a stronger community. She thanked the Board for their support with all of the center's events. Commissioner Dzadovsky commended Ms. Brown for her efforts in the community. He commented on the cleanup event and expressed optimism about the number of young people who attended. He also thanked the Public Works and Road and Bridge staff for repairing the roadway and removing the overgrown trees from the area. Ms. Brown also thanked county staff and the St. Lucie County Sheriff's Department for their increased efforts. 7. PRESENTATIONS 3 1 P a g e Regular Meeting Tuesday, May 17, 2016 9:00 AM A. Boys and Girls Club of St Lucie County - Will Armstead, Executive Director Will Armstead, the Executive Director of the Boys and Girls Club of St. Lucie County addressed the Board. He explained his organization's mission to serve the young people in need, including over 3,000 children in St. Lucie County. He thanked the Board for their work with the Boys and Girls Club. Richard Del Toro, the Assistant Chief of Police and Vice President of the Board of Directors of the Boys and Girls Club of St. Lucie County, thanked the Board on behalf of his organization. He explained the importance of helping others to succeed and leave a lasting legacy. He presented the Board with a plaque in recognition of the partnership between the Board of County Commissioners and the Boys and Girls Club. Assistant Chief Del Toro also spoke about the 34th Annual Chili Cook -Off on July 16th at the Fenn Center in Fort Pierce, from 11 AM to 7 PM. He indicated the event is sponsored by Lauri Goldstein and thanked Chief Deputy Garry Wilson and the St. Lucie County Sheriff's Office for their assistance with the event. He invited the community to the event and explained that all proceeds will benefit the Boys and Girls Club of St. Lucie County. Commissioner Dzadovsky asked how sponsors may become involved. Assistant Chief Del Toro said they can contact the organization at 772-460-9918 or www.becofslc.org to donate for the cook -off. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. Warrant Lists 30 & 31 B. ADMINISTRATION 1. 7th Amendment to Michael Baker/LPA Group WA#37 C. COUNTY ATTORNEY 1. Cypress Creek Preserve - Environmental Lands - Parcel ID 3119-133-0001-000-0 - Florida Southeast Connection - Amendment to Pipeline Easement 2. Florida Department of Transportation Midway Road Project from west of South 25th Street to east of U.S. 1 - Purchase Agreement for reimbursement of legal fees, appraisal and consultant fees 3. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 5039 Amy Lane, Fort Pierce, Florida. 4 1 P a g E Regular Meeting Tuesday, May 17, 2016 9:00 AM 4. Resolution - Amending Resolution No. 05-052 Concerning the Port of Fort Pierce Advisory Committee 5. St. Lucie County Health Department Dental Clinic - Lease Agreement with C&W South Investments, LLC D. COMMUNITY SERVICES 1. Resolution - State Housing Initiative Partnership (SHIP) FY 2016/2017 2. Request for Proposal (RFP) No. 16-032, Standby Services for Temporary Emergency Housing E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. :1►Ifel11►&fit I[QL1II l:10Is] 1191CM There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Request for Proposal (RFP) No. 16-023, Purchase of Uniforms K. PARKS, RECREATION & FACILITIES 1. Fire Alarm System Replacement at the St Lucie County Jail - Bid #16-031 L. PLANNING & DEVELOPMENT SERVICES 1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) to Conduct Environmental Study for Proposed North Industrial Park at the St. Lucie County International Airport 2. Custom's Renovation Change Order No. 03 5 1 P a g e Regular Meeting Tuesday, May 17, 2016 9:00 AM M. PUBLIC SAFETY 1. Voice/Data Logging Recorder System N. PUBLIC WORKS 1. Phase I Cortez Boulevard and South 25th Street - Conditional Acceptance 2. Phase II Cortez Boulevard and South 25th Street - Conditional Acceptance of Off -site Improvements 3. Cumberland Farms, Inc. - Final Acceptance 4. Purchase of a Solar Powered Pond Aerator 5. North 2nd Street Change Order No. 10 with Mancil's Tractor Service, Inc. 6. North 2nd Street Change Order No. 11 with Mancil's Tractor Service, Inc. O. SHERIFF'S OFFICE 1. Resolution - Request for the retroactive approval for admission and acceptance of the 2015 Paul Coverdell Forensic Science Improvement Grant Program P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance affecting the use of land in St. Lucie County, Florida, relating to Signs. The Assistant County Attorney presented this item. She presented the ordinance affecting the use of land in St. Lucie County relating to signs by amending chapter 2, chapter 9 and chapter 7.10.24G of the St. Lucie County Land Development Code. These amendments would ensure sign regulations are content -neutral unless there is a required content -based distinction for public safety purposes. Staff explained that on June 18, 2015, the United States Supreme Court decided in the 6 1 P a g E Regular Meeting Tuesday, May 17, 2016 9:00 AM case Reed vs. Town of Gilbert. In that case, the town's sign ordinance distinguished among several classes of signs that were exempt from permitting: ideological signs, political signs and temporary directional signs. In a unanimous decision, the United States Supreme Court invalidated the ordinance as applied to the church and stated "the restrictions in the sign code that apply to any given sign thus depend entirely on the communicative nature of the sign". The court reasoned that the signs were too content -based and needed to be content -neutral. The Assistant County Attorney continued, that based on the Reed opinion, staff is proposing to amend the sign regulations in the county's Land Development Code to further reduce the content -based distinctions. She stated that permission to advertise was given, there was a public hearing before the Planning and Zoning Commission, there are 2 public hearings scheduled before the Board of County Commissioners and an ad was placed on May 5, 2016 in the St. Lucie News Tribune. The County Planning Manager presented details regarding the revisions, including categories to be deleted and categories to be added. She clarified that because this is the first of 2 public hearings, no action was required at this time. Commissioner Dzadovsky asked how this ordinance relates to current ordinances in the municipalities of the county. The Planning Manger explained that the county is the leader in this effort and the cities of Port St. Lucie and Fort Pierce have not yet amended their sign code. She said this would be an opportunity to get the municipalities on the same page. She explained the efforts to remain content -neutral in regards to political signs, indicating that the standard for all event -based signs is removal by 10 days after the event. Commissioner Dzadovsky asked about rules regarding early placement of political signs. Staff answered it would be difficult to apply such rules to content -specific signs. The County Attorney stated that the next public hearing for this item will be June 7th at 6PM or soon thereafter. RESULT: 1ST READING APPROVED Next: 6/7/2016 6:00 PM 2. Ordinance - Amending Section 46.80 "Parking Restricted on Certain Streets" of the Code of Ordinances and Compiled Laws of St. Lucie County to prohibit parking on the south side of Cortez Boulevard from the west right-of-way of South 29th Street west a distance of 145' and from the east right-of-way of South 29th Street east a distance of 148' . The County Attorney presented this item. He explained the ordinance to restrict parking on the south side of Cortez Boulevard, from the west right-of-way of South 29th Street to the west a distance of 145 feet and from the east right-of-way of South 29th Street to the east a distance of 148 feet. After the motion for approval, Commissioner Mowery asked how the distances were determined. He indicated the plans did not use the standard sight triangle and he did not know of any other areas in the county that use these specifications. The Road and Bridge Manager explained the distances were set by DOT standards as a function of the stopping distance calculation. He clarified that the normal standard is a clear -sight triangle and this area will utilize a safe stopping distance standard. 7 1 P a g e Regular Meeting Tuesday, May 17, 2016 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 3. Public Hearing - Petition to abandon a Plat known as Town Place Plat No. One as recorded in Plat Book 53, Page 30 and 31 of the Public Records of St. Lucie County, Florida The Property Acquisition Manager presented this item. She indicated county staff received a request from attorney Lee Dobbins who represents PSL Town Place Partners, LLC to abandon Town Place Plat No. One. PSL Town Place Partners owns the entire subdivision and would like to vacate the plat. Staff stated that on March 14, 2016, Port St. Lucie City Council approved Resolution 16-R21 vacating the Town Place plat. Mr. Dobbins believes that in order for the property owner to obtain a clear title for his insurance policy, it is not enough to have the city vacate the plat or replat the property. The property owner has furnished the county with a certified copy of the resolution of the city vacating the plat, and has requested a resolution from the county approving the vacation of the plat per Florida Statute 177.101(4). On April 19, 2016, the Board approved permission to advertise this public hearing. On April 20 and 27 Port St. Lucie Town Place Partners advertised today's notice of public hearing in the St. Lucie News Tribune. The Property Acquisition Manager indicated that staff has reviewed Resolution 16-R21 and has no objections to the vacation of the plat and return of the land to acreage, as there were no dedications in favor of the county on the plat. Commissioner Dzadovsky asked if taking this action would result in any cost to the county. Staff answered that there has been no cost to the county, the land owner paid for all advertising fees. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 4. St. Lucie County Certificate of Public Convenience and Necessity Application - American Jet Rescue LLC The Assistant County Attorney presented this item. She explained this hearing was for an application submitted by American Jet Rescue, LLC for a Class E Certificate of Public Convenience and Necessity (CON) for an air ambulance service. At its meeting on April 14th the Emergency Medical Services Advisory Committee reviewed the application and determined that it met the requirements of Section 18-54 of the Code of Ordinances. The committee voted 4-0 to recommend approval by the Board of County Commissioners. The Public Safety Director has notified the City Managers of Fort Pierce and Port St. Lucie as required and no responses have been received. Regular Meeting Tuesday, May 17, 2016 9:00 AM After the item was approved, Commissioner Dzadovsky welcomed American Jet Rescue back to the airport. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 5. St. Lucie County Certificate of Public Convenience and Necessity Application - An Answer to Care Inc. The Assistant County Attorney presented this item. She explained the hearing was for an application submitted by An Answer to Care, Inc for a Class F Certificate of Public Convenience and Necessity (CON), which would be for wheelchair transport services. The application was reviewed by Emergency Medical Services Advisory Council at the April 14th meeting. The council found the application met the standards of review set forth in Section 18-54 and recommended the Board approve the application. The Public Safety Director has contacted the cities regarding this application and did not receive a response. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. PUBLIC WORKS 1. Resolution - Drawdy Brothers Investments, LLP - Public Hearing for Paving Waiver and Fair Share Contribution Agreement The County Surveyor presented this item. He explained the item is a continuation of the request by Drawdy Brothers Investments, LLP for a paving waiver pursuant to Section 7.05.07 B.2.a of the St. Lucie County Land Development Code. He indicated that at the May 3rd Board of County Commissioners Meeting staff was instructed to negotiate with the applicant's consultant to reach an equitable agreement with regards to the one-time maintenance cost provided by the developer for the impacts to Brocksmith Road, in lieu of a fair share contribution. Staff has met with the consultant and determined that the percentage indicated within the approved FSA would be utilized to determine the one- time maintenance fee. The County Surveyor indicated the fee calculated to be $27,300. In addition to the fee, the applicant will donate additional right-of-way to St. Lucie County. Staff has determined that this offer is fair and reasonable to both parties. Staff recommended approval based on the following 3 conditions: 1. Prior to the recording of the final plat, the developer shall remit to the county $27,300 for the maintenance of Brocksmith Road. 2. The developer shall donate additional road right-of-way at no cost to the county. 3. The developer shall include language on the final plat stating that the owners, heirs and assigns of the lots indicated on the proposed plat, known as Drawdy 9 1 P a g e Regular Meeting Tuesday, May 17, 2016 9:00 AM Brocksmith Road Subdivision shall be a "yes" vote when an MSBU for road and drainage improvements is initiated. The County Surveyor continued that since the previous meeting, a comment had been received from an adjoining landowner. On May 10th, staff was contacted by Regina Love who requested to review the file. She indicated that she had filed a drainage complaint with County Code Enforcement and South Florida Water Management District in 2011. There were no citations issued by St. Lucie County Code Enforcement at that time. SFWMD was contacted and indicated that Phil Drawdy met staff on site to review the situation. South Florida Water Management District stated that they did not observe any violations. Ms. Love provided a letter of correspondence between landowners from January 2012 through March 2012. Commissioner Hutchinson asked for clarification of the amounts discussed, due to a different number appearing on the agenda. The County Attorney clarified that this item is a response to the Board's request for staff to meet with the applicant to prepare a maintenance plan for the immediate future. He said that the update was done verbally, and that is why the discrepancy exists. Commissioner Dzadovsky asked about the next steps to have an MSBU for future roads and developments. The County Attorney answered that the MSBU regulations are already in place. He said that the regulations for new development require paving with the ability to waiver this requirement depending on the unique circumstances. He explained that when this decision was made in the early 90's it was determined to be unfair to expect developers to pay the cost of paving the roadway. The County Attorney said that the MSBU could be utilized on this road, but would require the approval of residents. He said the condition of the road has been improved through chip seal. Commissioner Dzadovsky expressed concern for future residents of these homes who will be unhappy with the roadway remaining unpaved. He emphasized the importance of including the MSBU language for these residents. Commissioner Lewis said that this solution makes much more sense, compared to the original proposal that would have had funds in escrow for 10 years. She said this solution would allow for the road to be maintained with chip seal until other improvements are needed. Chairman Johnson said that this issue can be reviewed at a future time, perhaps in a workshop setting. Commissioner Mowery felt that this situation is an appropriate use of the paving waiver. Dennis Murphy, from Culpeper and Terpening addressed the Board on behalf of Drawdy Brothers Investments. He agreed with staff's recommendations for the waiver and explained that drainage issues on the property will be addressed. Chairman Johnson opened the hearing to the public at this time. Toby Long, 2635 S Brocksmith Road, Fort Pierce - Mr. Long thanked the Board, particularly Commissioner Hutchinson and Commissioner Mowery for their efforts to have the chip seal completed on the road. He said that the chip seal has improved the 101Page Regular Meeting Tuesday, May 17, 2016 9:00 AM roadway and many residents are fine with the current situation. He said that the chip seal road works well for property owners with horses and cattle. He urged the Board to support the application. Commissioner Lewis asked for a ballpark figure on how often chip seal roadways need to be maintained. She mentioned because of needed maintenance the fair share contribution would not be practical. The County Surveyor answered that figure varies depending on traffic, however maintenance in approximately 10 years would be expected. Staff also agreed that the 10 year fair share could only be used to construct a county standard road, and this roadway has inadequate right-of-way. He said it would cost approximately $6-7 million for the entire project. Commissioner Lewis clarified that there would be a cost associated with maintaining the chip seal and expressed support of the application. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 10. REGULAR AGENDA A. ADMINISTRATION 1. At -Large Appointment to the Contractor's Certification Board The County Administrator presented the Board with the single available at -large vacancy for the Contractor's Certification Board. He explained that this position requires the member be a mechanical or air conditioning contractor. Staff indicated that 6 applications for this position were reviewed by the Contractor's Certification Board liaison, and only 1 applicant met the requirements. The County Administrator presented the applicant Chris Langel for Board approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 2. Nominees to Fill Vacancies on the Children's Services Council The County Administrator presented this item for nominees to fill vacancies on the Children's Services Council. He explained that Candace Loupe's term has expired, and she submitted her application for reappointment. Another vacancy was created when a member moved out of the area and was no longer eligible to serve. He clarified that the Governor's Office requests that 3 applicants per vacancy are submitted for consideration. The County Administrator asked the Board to select 6 applicants to provide to the Governor for the 2 expired terms. 111 Page Regular Meeting Tuesday, May 17, 2016 9:00 AM Commissioner Lewis thanked everyone who applied for the appointments and the effort it takes to submit these applications. The County Attorney suggested moving onto the next item while the County Administrator counted the ballots. After presentation of Items B.1. and B.2. by the County Attorney, Chairman Johnson returned to the County Administrator for the results of the vote. The County Attorney clarified that Sunshine Law prohibits secret ballots. The following votes were cast and the 6 applicants were selected: Richard Del Toro (4 votes - Commissioner Dzadovsky, Commissioner Mowery, Commissioner Lewis, Chairman Johnson) Carmine Izzo (3 votes - Commissioner Mowery, Commissioner Hutchinson, Chairman Johnson) Candace Loupe (5 votes - Commissioner Dzadovsky, Commissioner Mowery, Commissioner Lewis, Commissioner Hutchinson, Chairman Johnson) Hubert Melvin (3 votes - Commissioner Dzadovsky, Commissioner Lewis, Chairman Johnson) Garry Wilson (5 votes - Commissioner Dzadovsky, Commissioner Mowery, Commissioner Lewis, Commissioner Hutchinson, Chairman Johnson) Lorrene Egan (3 votes - Commissioner Dzadovsky, Commissioner Lewis, Commissioner Hutchinson) The remaining applicants: Anne Berner (Commissioner Lewis, Commissioner Hutchinson); Nick Mimms (Commissioner Dzadovsky, Commissioner Mowery, Chairman Johnson); Terissa Aronson (Commissioner Mowery, Commissioner Hutchinson). RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. COUNTY ATTORNEY 1. St. Lucie County Public Safety 800 MHz Radio Upgrade Project - Radio Tower Lease Agreement with the City of Port St. Lucie The County Attorney presented this item for the site for a tower to provide enhanced radio coverage in South West St. Lucie County and Martin County. This item is directly related to the radio upgrade project approved by the Board in December 2015. County staff has worked with staff from the City of Port St. Lucie to identify a five acre site. There is also an agreement between the county and the city for the proposed lease term of 30 years with four, five year options. The city retained the right to terminate the agreement in the event the tower interferes with the city's ability to provide service to its customers. In the event the city terminates the lease, they will use reasonable efforts to provide an alternative site and share in the cost of relocation. The proposed rent is $2,500.00 per year. 12 1 P a g Regular Meeting Tuesday, May 17, 2016 9:00 AM After approval of this item, Commissioner Lewis commented on the seamless coverage that will be provided to residents due to cooperation with neighboring counties on this project. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 2. Permission to Advertise - Draft Ordinance Referendum Slot Machines at Pari-Mutuel Facilities The County Attorney presented this item for permission to advertise a draft ordinance that will allow voters to determine if slot machine gaming should be authorized at licensed pari-mutuel facilities within the county. He explained there is a statute which authorizes slot machine gaming at a licensed pari-mutuel facility in any county in which a majority of voters have approved that referendum; provided the facility has conducted a full schedule of live racing for 2 consecutive calendar years immediately preceding its application for the license, pays the required license fee, and meets the other requirements. St. Lucie County is authorized by Section 125.01 Florida Statutes, to hold a referendum on slot machine gaming. Staff recommended the Board determine whether to grant permission to advertise the draft ordinance for a public hearing on June 21, 2016 at 9 AM. He indicated the advertisement and notice of referendum would be paid for by the applicant. Commissioner Mowery asked for clarification of the language regarding "full schedule of live racing", indicating the county does not have a facility that provides for live racing, such as horse and dog racing. The County Attorney answered that there is no dog or horse racing in the county, but there has been Jai Alai in the county for a number of years. Commissioner Dzadovsky commented that there is the ability to bet on live races from other areas remotely. Adam Fetterman addressed the Board on behalf of Fort Pierce Jai Alai. He clarified that the statue at issue regards "live racing or pari-mutuel activities" and continues to reference these activities as a group as "live racing" throughout the statue. He felt that all pari-mutuel activities are covered by this all -encompassing term. He mentioned other counties with Jai Alai and other pari-mutuel facilities that have engaged in similar referendums based on this language. Commissioner Dzadovsky asked the County Attorney to maintain previous provisions for funding by the current facility. The County Attorney indicated that the card room gaming gambling allowed at the facility which resulted in a revenue split between the county and city. He indicated issues with collecting this payment from previous owners, but current ownership remains current on payment. He recommended that Mr. Fetterman address this with the applicant to prepare for the future discussions. Mr. Fetterman acknowledged this information and emphasized the new owner's efforts to be an outstanding member of the community. Commissioner Mowery asked if Jai Alai is still operating in the facility. 131Page Regular Meeting Tuesday, May 17, 2016 9:00 AM Mr. Fetterman answered that the games are still taking place at the facility. Commissioner Lewis asked to modify the language of the ordinance to clarify what has been explained. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. PLANNING & DEVELOPMENT SERVICES 1. Job Growth Investment Grant and Ad Valorem Tax Exemption for Project Ripper The County Business Navigator presented this item to offer Project Ripper an Ad Valorem Tax Exemption and a Job Growth Investment Grant. He explained the economic incentives based around job growth and economic development for the county. Staff clarified that the company being presented is Indian River Biodiesel, identified as Project Ripper. He requested the Board to authorize the letter of intent to offer Project Ripper an Ad Valorem Tax Exemption phased over six years, as approved by the St. Lucie County Property Appraiser and a Job Growth Investment Grant in the amount of $70,500.00, phased over five 5 years at $14,100.00 per year. The County Business Navigator indicated that these incentives are performance based and will be reviewed each year. The company has projected 50 jobs over 3 years, with 47 jobs at or above the county average wage. The company has projected a $2.5 million investment in the facilities. Richard Pratt from Indian River Biodiesel addressed the Board and provided an update on his company. He spoke about the progress of moving into the Egan Packing House in the Port of Fort Pierce and other permitting approvals currently taking place. Mr. Pratt explained the process that will take place in his biodiesel facility, summarized as taking waste vegetable oil and converting it into the retail petroleum industry. He detailed the safety precautions and projected future impact of the industry in the area. He expressed excitement over the collaboration throughout the county and projected benefits. Commissioner Dzadovsky asked about the phasing process of the jobs in regards to providing a large amount of the incentive funds before all jobs are made available. The County Business Manager answered that the funding is performance based and funding will not be provided if the goals are not met. He said adjustments will be made accordingly once the performance information is provided. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson D. PUBLIC WORKS 1. Resolution - Kings Highway at Indrio Rd Improvements JPA 14 1 Pag Regular Meeting Tuesday, May 17, 2016 9:00 AM The Assistant County Engineer presented this item for the approval of funding for the joint participation agreement with the Florida Department of Transportation the construction of intersection improvements at Kings Highway and Indrio Road. He presented the specifics of the proposed improvements, which provides for the start of the ultimate 4 lane divided Kings Highway onto Indrio Road and expansion of Indrio Road. The purposes of the improvements is to improve the overall performance of the intersection and support future traffic demands up to the year 2040. The total cost of the project is estimated at $17.5 million, through grant opportunities, FDOT will contribute approximately 50% of the total cost ($8,955,000) through the JPA. The remainder of the funds will be local, road impact fees. Staff indicated this project will deplete the road impact fee funds amassed over the last decade. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson E. SOLID WASTE 1. Single Stream Recycling Facility Upgrade The Solid Waste Director presented this item for an upgrade to the single stream recycling facility. He indicated that in 2014, the county entered a contract with Waste Pro that guaranteed delivery of 100 tons per day of single stream commodities, which they met or exceeded. In February 2016, the county amended the contract to guarantee 135 tons of single stream materials per day. In March and April of 2016, Waste Pro averaged 142 tons per day. With the increased materials extensive overtime is required to process the materials. The projected cost for this overtime is $500,000 for this year. Staff reached out the Machinex to double the operating capacity of the system to allow for processing of the materials within the normal work week, without overtime. Staff recommended Machinex be awarded the sole source and bid waiver for this process. Commissioner Dzadovsky asked about the expected increase in revenue back to the county. The Solid Waste Director answered that Waste Pro has guaranteed $62,000 a month to the city. When the contract was amended, the intent was if the commodity prices average market value exceeded $92 a ton, the county would share 50% of the excess with Waste Pro. The current price is at $99 a ton. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 11. ANNOUNCEMENTS A. County offices will be closed on Monday, May 30, 2016 to observe Memorial Day. 15 1 Regular Meeting Tuesday, May 17, 2016 9:00 AM B. The Board of County Commissioners will hold a Regular Board meeting on June 7, 2016 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 June 14, 2016 at 9 am in Conference Room #3. D. The Board of County Commissioners will hold a Regular Board meeting on June 21, 2016 at 9 a.m. 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. 161Page