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HomeMy WebLinkAboutMinutes 12.06.2016S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 6, 2016 Convened: 6:00 PM Adjourned: 9:38 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton I Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 12191201610:40 AM Regular Meeting Tuesday, December 6, 2016 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, November 15, 2016 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 - Recognizing and commending the St. Lucie County Fire Department for their successful efforts to save the St. Lucie County Single Stream Recycling Facility from total devastation after the recent fire broke out on Sunday, November 6, 2016. Warren Millard, St Lucie County Fire District Battalion Chief accepted the proclamation. Chief Millard thanked the Board on behalf of the St Lucie County Fire District and the firefighters and paramedics involved. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. Resolution proclaiming December 13, 2016 as "Feast of Santa Lucia Day" in St. Lucie County, Florida. TA Wyner accepted the proclamation along with an actor dressed as Pedro Menendez. Ms. Wyner indicated that the celebration will be held December 11th at Sailfish Brewery where a special brew will be available along with various food items. 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 (excluding Public Hearing items) Craig Mundt, St Lucie County Resident - Mr. Mundt identified himself as the Vice -President of the Board of Directors at the National Navy UDT Seal Museum. He asked the Board to consider a deferral of Consent Agenda item 8.B.1 for the payment of the loan for the AE Backus Museum. He indicated that these funds came from the 1/3 of the 5th cent bed tax. He noted that this money comes into the county at approximately $20,000 a month. He asked the Board to consider continuing the payments for the Backus loan and funding $500,000 to the Navy Seal Museum for proposed projects. Mr. Mundt explained the proposed changes for the Navy Seal 2 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM Museum, a 20,000 square foot facility which is partially funded currently. He spoke about the history of the museum and the tourism impact on the area. Chairman Dzadovsky stated that the TDC and the county has approved over three-quarters of a million dollars for the Navy Seal Museum. He expressed his appreciation for the museum being in the county and stated that the aforementioned agreement is a contractual agreement that has been in the process for over 4 years. He also spoke about achievements by the TDC through their grant efforts. Chairman Dzadovsky said the Board would consider new requests at a later date. Kathleen Frederick, St Lucie County Resident - Ms. Frederick identified herself as the Executive Director for the AE Backus Museum. She invited the Board, staff and public to tour the new museum, which underwent a $1.4 million renovation. She spoke about the agreement with the Tourism Development Council and the county, and indicated the museum has fulfilled their obligation. She urged the Board to maintain their obligation to pay the money to the museum, as awarded by the grant. She stated that she did not feel it was appropriate for funds earmarked for the museum to be diverted. Ms. Frederick detailed the agreement between the museum and the county to pay off the remaining balance of the loan, which would save financing costs if paid off by additional available funds. 7. PRESENTATIONS A. Cooperative Extension: Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will make their annual Christmas Remembrance Presentation to the Board. Sue Munyan, the 4-H Extension Agent for St Lucie County addressed the Board and welcomed the new commissioners. She explained tradition of the 4-H annual Christmas Remembrance Presentation which has occurred for 30 years. Ms. Munyan detailed the goals of the presentation; to thank the Board of County Commissioners for supporting the county 4-H youth program through the county's fairground facilities, the extension office and staff, and meeting facilities in the county buildings, and to give the Board an opportunity to hear about the organization's actions in the community. Youth representatives from the following groups addressed the Board: Clover 4-H Midnight Riders Goofy Grapefruit Rocking Horse Spurs N Stuff Turn N Burn Wings, Whiskers and Wags Rooters Show Stoppers Jitters N Critters Mane Attraction Wibot Warriors Porkers Paws N Claws 3 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM Feathers and Furs Southern Swines Happy Hams Starbright Dog Club Research Coast Florida Junior Academy of Science Joshua Alexander spoke on behalf of the entire 4-H group in attendance. He spoke about his experience with 4-H over the past 5 years, which has combined his loves of science, animals and teaching. Sun Munyan addressed the Board again, and indicated that all 23 4-H groups in the county are run by trained volunteers. She noted that volunteers donated over 14,000 hours this year, which has a value of $300,000 of contributed time. She asked the 4-H club leaders to stand to be recognized. Ms. Munyan also recognized the 4-H program specialists, Debbie McManus and Carley Barker. She thanked the Board for the recognition and wished everyone a Merry Christmas. Commissioner Hutchinson spoke about her own experience with 4-H and how much she enjoys this presentation. She acknowledge the effort put into participating in 4-H by all members involved. Commissioner Townsend spoke about the diversity and intelligence of the groups who presented. She expressed optimism over the future of St Lucie County and the value of the fair to the county. Commissioner Mowery thanked the groups for attending and providing gifts to the Board. Commissioner Bartz spoke about the future of the children from the county and acknowledged the Board's continued support. Chairman Dzadovsky thanked the 4-H parents for their involvement. He noted that the group appears to be growing and asked how anyone interested in joining or donating to 4-H may contact the organization. Ms. Munyan said more information can be provided by calling the main office of the county, and asking to be connected to the extension office. Chairman Dzadovsky asked for a brief recess at this time (6:50 PM) and the Board reconvened at 7:03 PM. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 6 through 8 4 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM B. ADMINISTRATION 1. A.E. Backus Gallery & Museum Grant Agreement Payoff 2. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Design and Construct Terminal Surface Parking Project at Treasure Coast International Airport 3. Commissioner Dzadovsky's Appointment to the Comprehensive Economic Development Strategy Committee 4. Commissioner Mowery's Appointment to the Board of Adjustment 5. Commissioner Dzadovsky's Appointment to the Tourist Development Council C. COUNTY ATTORNEY 1. Request for Qualifications (RFQ) No. 16-049, Development/Program Manager Consulting Services for Construction of the St. Lucie County Sports Complex 2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund f•I►&111i,1lIW&I4:ATJLEI*1 1. Resolution - Public Library Construction Grant Carry Forward 2. FY16 HOME Funding Allocation 3. Housing Rehabilitation Program Invitation to Bid (ITB) 2016-2 Award Cancellation E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Wesley's Island - Indian River Lagoon National Estuary Program Grant G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 5 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. Sports Complex - Warning Track 2. Sports Complex - Track Repair 3. Air Handler Replacement Rock Road Jail Pod B-4 L. PLANNING & DEVELOPMENT SERVICES 1. Ravinia Planned Unit Development Application Fee M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. North 2nd Street Change Order No. 19 with Mancil's Tractor Service, Inc. 2. San Lucie Drainage Improvements - Phase 2 Construction 3. Jacobs Midway Commercial 4. Riverbend PUD — Fourth Amendment to Subdivision Improvement Agreement 5. Resolution - Fisherman's Wharf - Bulkhead Design Grant O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM S. UTILITIES 1. Water/Wastewater Regionalization Project Study 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance Amending Expert Shutter Services, Inc. Ad Valorem Economic Development Tax Exemption The Assistant County Attorney presented this item for an ordinance amending the Expert Shutter tax exemption. Staff explained that this time would amend Ordinance No. 15-006 which was adopted by the Board on May 19, 2015. The ordinance created an economic development ad valorem tax exemption for a $2 million expansion planned at that time by Expert Shutter Services, Inc and provided for a 6 year exemption schedule. She explained that the expansion was not completed prior to January 1, 2016 and not included in the tax roll for the current tax year. The proposed ordinance would extend that to the tax roll for 2017 as well as correct the address of the project in the ordinance. The Assistant County Attorney stated that notice of this public hearing was published in the Tribune on November 16th. After the motion was made, Commissioner Mowery thanked Expert Shutter Services for being a part of the community and spoke about the work by the city and county to make this project happen. Commissioner Bartz acknowledged the issues during the process and stated that Expert Shutter Services has been a great community partner. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Postponement on the Placement of Wireless Communication Facilities in Rights -of -Way The Assistant County Attorney presented this item for an ordinance for a postponement on placement of wireless communications facilities in the county's right of ways. She stated, with the proliferation of wireless devices and growing consumer demand for better connectivity the industry has been looking at increased ways to place their equipment in cities and towns. Because of the cost of site selection and placement on private properties, some of these companies are pursuing their deployments, such as construction of towers and placing of equipment, in public rights of way. Staff noted that one such company has submitted several applications for right-of-way permits in the county, the applications were not approved. She continued that a postponement is a temporary halt to which would give the county time to plan, consider, review, and adopt appropriate regulations. The Board of County Commissioners is authorized by Chapter 125, Florida Statutes, to adopt ordinances necessary for the exercise of its 7 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM powers. The Assistant County Attorney stated that this is the first of 2 public hearings and staff recommends that the Board approve a second hearing on December 20th. Commissioner Hutchinson asked if county staff would be working with the Association of Counties in order to follow other examples throughout the state. The County Attorney answered that the County Attorney's Association has a special task force to look at these regulations. He states that many communities around the state are also issuing a moratorium in order to look into the matter. The County Attorney indicated that the motion would be to move forward with the second hearing on Tuesday December 20th at 6PM or soon thereafter. Commissioner Mowery noted that representatives from AT&T were present for any questions. Chairman Dzadovsky stated that it is important to examine unintended consequences associated with any new action in the county. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. PLANNING & DEVELOPMENT SERVICES 1. Ordinance - Proposed Text Amendment to the Land Development Code, Text Amendment to the River Park — Community Overlay Zone to allow the uses of gas stations and eating places- 1st Reading The County Planning Manager presented this item for a proposed text amendment to the Land Development Code for the River Park Community on behalf of BrightWorks Real Estate to allow the uses of gas stations and eating places. Staff introduced Holly Ford, a Capstone student from IRSC who has been shadowing planning staff during review of this application. The County Planning Manager continued by providing background on the item, including a timeline of the application from March of 2016. The first hearing was originally scheduled for November 15th, however staff recommended the item be rescheduled to date certain December 5 to provide the newly elected commissioners the opportunity to be present for both readings. Staff presented a map of the River Park neighborhood and the overlay. She provided background for the history of the River Park Community overlay since it was established in 1996. The 3 main purposes of the overlay were: to recognize the changing conditions along Prima Vista Blvd by providing standards by which a change in zoning from residential to commercial shall follow; these standards are intended to provide for an orderly and logical transition from residential to nonresidential zoning; these standards are designed in such a way to protect those parcels remaining as residential from the impacts of commercial development. Staff also discussed the series of 6 public workshops held in the neighborhood from July 2013 to August 2014 to gather consensus of how to move forward with the River Park Community Overlay Zone. The consensus at that time was to encourage small scale 8 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM office uses and the redevelopment of existing structures and existing lot sizes, allowing for uses to change along the Prima Vista corridor while retaining the River Park neighborhood character. They also wanted to retain the prohibition of gas station and eating establishments. In April of 2016 staff contracted with a consultant to draft an update to the River Park Community Overlay and this draft is complete and currently under review by staff. The Planning Manager explained the item before the Board as a text amendment that would allow gas stations and eating and drinking places in the River Park Community Overlay Zone. She reviewed the text of the ordinance that would change under the text amendment, which would strike through 2 of the 3 uses currently prohibited in support of developing a 24-hour convenience store, which would offer retail sales of gasoline, convenience items and made -to -order food services. Further, it specifies that gas stations would only be allowed at the intersection zones and only as a planned non- residential development. Next staff provided the standards of review, stating that the proposed text amendment is inconsistent with the St. Lucie County Comprehensive Plan and is internally inconsistent with the Land Development Code, specifically the intent of the River Park Overlay Zone. Staff recommended that the Board schedule the 2nd public hearing of the text amendment and no further action is required at this time as the 2nd reading is required. Commissioner Hutchinson asked if the site plan would be included at the time of the second reading. The County Planner confirmed that the site plan, the PNRD, and the conditional use permits for sale of alcohol and sale of gasoline would be included at that time. Chairman Dzadovsky asked who requested the text amendment. Staff stated that the current text amendment is being proposed by a developer, BrightWorks Real Estate. Chairman Dzadovsky asked if other developers were seeking the same changes. Staff confirmed it is a single application. Chairman Dzadovsky asked about the consultant report regarding the overlay. The County Planner indicated that the draft report is under review by staff at this time and is expected to be provided as an informal report to the Board as soon as January or February. At this time, Chairman Dzadovsky opened the hearing to the public for comment. David Kaplan, 410 SE Naranja Ave - Mr. Kaplan spoke in opposition of the text amendment. He discussed the safety of roadways surrounding Prima Vista and the previous meetings regarding the residents' concerns. Mr. Kaplan spoke about the current impact of businesses in the area and the projected impact of WaWa in the neighborhood. He urged the Board to consider the opinions of residents who live off of Prima Vista, yet still feel the effects of the roadway. He also thanked the county for repairing the Prima Vista Bridge. Bruce McCloud, 377 NE Floresta Dr - Mr. McCloud spoke in opposition of the text amendment. He indicated that his home is at the end of the block north of Prima Vista. He explained that he has lived in Port St Lucie for 30 years and chose to build his home there based on conversations with the zoning department regarding no commercial 9 1 P a g e Regular Meeting Tuesday, December 6, 2016 6:00 PM construction in that neighborhood. Mr. McCloud spoke about the issues in the area with traffic and students waiting for their buses in the morning and afternoon. He also discussed the danger of the roadway as vehicles exit the CVS located in that neighborhood. He also stated that the sale of alcohol would negatively impact the children in the neighborhood. Selena Costello, St Lucie County Resident - Ms. Costello spoke in support of the text amendment. She stated that the traffic in the area will not be greatly affected by the addition of a gas station at that corner. She spoke about the speed limit of 40 MPH along that area and the noise caused by the traffic on Prima Vista. Ms. Costello mentioned the negative impact the road conditions have had on real estate along Prima Vista, stating the road is not fit to live on and residents are unable to sell these homes. Dorothy Nichols, 209 NE Prima Vista - Ms. Nichols spoke in support of the text amendment. She indicated that she lived approximately a block and a half from the proposed site. She stated that the WaWa gas station would not change the neighborhood, as it is far too late to consider keeping that area a residential neighborhood. She stated the overlay should be listed and the area should be under county zoning. Ms. Nichols indicated that the current residential homes are not suitable for conversion to commercial businesses. She spoke about the dangers of living along Prima Vista, including an accident involving her son. She stated that there are more than 30,000 vehicles along that roadway each day, which creates an impossible living situation. James Short, St Lucie County Resident - Mr. Short spoke in opposition of the text amendment. Mr. Short identified himself as a disabled veteran and stated that he built his home in River Park. He provided the Board with a map of the neighborhood and spoke about the concerns raised in the workshops held by the county. He noted that there are already service stations in the immediate area and stated that the size of the proposed WaWa did not fit the area. Mr. Short said that the service station would cause increased traffic issues. He urged the Board to use the information gathered by the Planning Department from residents. Jonathan McCaddon, St Lucie County Resident - Mr. McCaddon spoke in favor of the text amendment on behalf of his mother, Maria McCaddon, who lives off of Prima Vista. He indicated that his mother owns one of the properties that would potentially be sold to WaWa. Mr. McCaddon spoke about his own time living in Port St Lucie and the history of the properties in the area. He spoke about the noise and pollution that affect the neighborhood surrounding Prima Vista. He stated that the residents that live along Prima Vista, they are trapped and unable to sell their homes. He stated that the issue has been in questions for nearly 4 years because of concerns of other residents. He added that this proposed plan would improve the area in multiple ways. Virgil Rourke, 189 SE Floresta Dr - Mr. Rourke spoke in opposition of the text amendment. He indicated that he built his home in 2004 and put his time and labor into that home. He stated that he was against the sale of alcohol at the location. He urged the Board to make roadway improvements and direct traffic from the neighborhood. Kathleen Ivins, St Lucie County Resident - Ms. Ivins spoke in support of the text amendment. She stated that her home is located on the corner of Prima Vista and Floresta and spoke about the danger of her driveway. She provided the Board with a 10 1 Regular Meeting Tuesday, December 6, 2016 6:00 PM letter detailing her opinion and history in the area. She spoke about the unhealthy pollution and her inability to open the windows of her home since the roadway was widened to 6 lanes. She reiterated the comments regarding being unable to sell the homes along the roadway and previous attempts by businesses to move to the area in the past. Ms. Ivins expressed her belief that WaWa would be a positive addition to the community. Chairman Dzadovsky noted that any documents that have been sent to him were submitted for the record. Sally Brunner, St Lucie County Resident - Ms. Brunner spoke in support of the text amendment. She stated that her home is located at the corner of Naranja and Prima Vista. She indicated that she is unable to open her windows or doors and her grandson is unable to go into her front yard because of the traffic. Ms. Brunner indicated that the traffic issue has only gotten worse for that area over time. She stated that WaWa would be a good addition for the area. Mr. Costello, 168 SE Degan Dr - Mr. Costello spoke in support of the text amendment. He also noted that he owned a home on Celestia Court that is included in the WaWa discussions. He stated this convenience store would be a positive asset to the community that will provide jobs. Mr. Costello spoke about his experience attending the previous meetings on the topic. He proposed another solution for the area's residents, for the county to purchase all the homes and the build out the Virginia Corridor. He noted that many small businesses would be unable to wait the time it has taken for this issue to be resolved. Chairman Dzadovsky asked for clarification regarding the text amendment, and asked if the amendment would apply to other businesses in the future besides WaWa. The County Planner confirmed that this is a separate item from the site plan for WaWa and is not directly connected to WaWa. She stated if that deal fell through, another applicant could come forward with a gas station proposal. The County Planner also clarified that the development review process has only been 9 months, not 3 years as stated in the public comment. She continued that the overlay issue is a separate issue. Commissioner Hutchinson asked if staff could present to the Board at the next meeting, the reasoning behind the original placement of the overlay. Chairman Dzadovsky asked the Board if they would be available to attend the December 20th meeting for the second reading. Commissioner Hutchinson stated that at the previous meeting this item was moved to the December 20th meeting to accommodate the requirement of 2 night meetings. The Board confirmed they would be able to attend the meeting at that time. RESULT: 1ST READING APPROVED Next: 12/20/2016 6:00 PM 2. Resolution - Amending the Conditions of Approval for the Planned Unit Development (PUD) Known as Sedona PUD The County Senior Planner presented this item for a petition by Edwards Landing, LLC for a major adjustment to the Sedona PUD. She stated this item is a quasi-judicial public hearing. She indicated that there was been one email response in favor of the petition and one phone call discussing the buffer and one phone call from a nearby 11 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM neighborhood with general questions about the petition. She presented a map of the subject parcel, located at the southwest quadrant of Edwards Road and South 25th Street, immediately adjacent to the city of Fort Pierce to the south. The Sedona PUD site plan was approved in 2006 for a 318 unit residential project with access on both Edwards Road and South 25th Street. The County Senior Planner explained the purpose of the proposed petition; modify the conditions of approval in the existing resolution to bring them into keeping with current practices, to clarify some of the conditions and modify the timing of some of the improvements. She noted the most significant changes; removal of requirement for prepayment for road impact fees and removal of conditions that address the widening of South 25th Street, include references to the 85t" unit in the project which is related to the intent to begin construction of 85 units in the SE sector of the site, editorial and clarifying changes made the resolution. Staff summarized that the proposed changes to the Sedona Planned Unit Development are in substantial conformity with the original approval and recommends the Board approve the proposed adjustment to the project. She added that there are no changes to the site plan. Commissioner Hutchinson asked about a change regarding paying a fee in -lieu of building bus stops on Edwards and 25th Street. Staff confirmed that those conditions were modified at the request of the transit manager and follow current practices. She stated that the stops would be constructed by the transit department at the time service is made available. Commissioner Hutchinson raised concern over the need for bus stops due to nearby schools and potential for increased costs in the future. The Senior Planner indicated that she had not spoken to the school board and was unaware if they would use these stops. She noted that she could contact them regarding the issue. Chairman Dzadovsky asked if there is a phasing plan to complete construction of the remaining units. Staff stated that the applicant's agent has indicated there will be a plan to phase the project, which will be required prior to the issuance of any building permits or construction authorizations. Chairman Dzadovsky asked if the development will hook up to the water and sewer system. Staffed confirmed that condition is part of the resolution and will utilize Fort Pierce Utilities Authority. Chairman Dzadovsky asked about the stormwater management of the site. Dennis Murphy from Culpepper and Terpening addressed the Board on behalf of Edwards Landing LLC. He explained the history of the project since 2006 and is now cycling back through the redevelopment process. He spoke about the conditions from the original approval that were tied to certain improvements in the planning and early construction process. He noted that during the redevelopment of the project it was necessary to reevaluate the conditions of approval. Mr. Murphy stated that the project is considered a single phase development project, however it will be constructed in 12 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM increments as financing allows. He stated the site plan has not changed and remains a mix of town homes and single family homes. He addressed Chairman Dzadovsky's question, stating that the project has received construction plan approval from the county in 2007. Mr. Murphy indicated that the 2 lakes in the community are sized to handle the stormwater needs for the community and will discharge to the west of the property towards 5-Mile Creek. He noted that improvements to the ditches will be a part of site construction. He also addressed the transit concerns and explained it would be more effective to provide the funds to the county to allow for the construction in the appropriate manner and time. Chairman Dzadovsky spoke about changes in stormwater concerns since the approval in 2007. He asked how the developments will address the discharges. Mr. Murphy said that the development was granted permits from the water management district and the county which conform to the regulations in effect in 2007. He stated that those rules have not changed. He said the littoral plantings can address new regulations regarding nutrient loading. Mr. Murphy noted that the permits will be reevaluated during the process and enhancements will be made where possible. Chairman Dzadovsky asked how much water will be held on site before discharge. Mr. Murphy answered it would have followed the standard design. Chairman Dzadovsky commended efforts to remove the exotic vegetation, but noted it is an unpleasant site. He asked for an additional condition to cleanup and maintain the property within 90 days per complaints from nearby businesses. Mr. Murphy agreed to the condition. Commissioner Mowery asked about the easements on the property and the landscaping in those areas. Mr. Murphy explained that at the time the requirement was for rear access and fire access at certain points in the property. He stated these easements are to allow emergency access to the units at the back of the property as well. He indicated these areas would have grass and an internal sidewalk system. Commissioner Mowery asked about the phasing plan and potential impacts on traffic. Mr. Murphy answered that there will speed control added into the final design. He agreed to add that as a condition. He added that the applicant is conscience of maintaining the best appearance possible through landscaping. Mr. Murphy indicated that property owners along the east side of the property and to the west of the property were contacted via informational meeting, both owners who contacted the office expressed their concerns and the applicant agreed to attempt to address their concerns. He added that the development will be annexed into the City of Fort Pierce and will be full water and sewer system. Commissioner Mowery asked about the FPL easement on the property. Mr. Murphy stated that they are poles and guide wires, the sign is not located on the actual easement. Commissioner Mowery asked about possible sidewalk improvements in relation to Forest Grove Middle School on 25th Street. Mr. Murphy confirmed the request for the sidewalk to be increased to 8 feet for the entire stretch of the property. Commissioner Mowery asked about the condition change regarding vegetation on site. 13 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM The County Environmental Regulations Division Manager answered that the landscape improvement agreement was to cover the cost of the landscape shown on the original landscape plan. He clarified that the county no longer requires landscape improvement agreements and therefore that language removes the requirement. Commissioner Mowery asked about the architectural plans for the site and if staff felt they were still appropriate. The Senior Planner answered that the plan has not been modified since original approval in 2006. She stated that at this point the site plan is not being modified, however conditions can be added. She noted that these plans can be sent to the Board for review. Commissioner Mowery asked staff for the addition of traffic calming measures, improvements to the sidewalk and removal of the remaining exotic vegetation on the adjoining property. Commissioner Hutchinson asked about the construction traffic impact on Edwards Road and safety concerns in that area. Mr. Murphy answered that advanced warning signs could be added before that curve to notify drivers of the construction entrance. Chairman Dzadovsky asked if there would be turn lanes into and out of the development. Mr. Murphy confirmed there is a southbound right turn lane into the property and a directional median will prevent northbound left turns. He noted that there will be significant roadway improvements required along Edwards Road. There were no comments from the public for this item. The County Attorney reviewed the additional conditions requested by the Board; -Cleanup of the site within 90 days of approval -Speed control measures subject to approval by the County Engineer -Keep requirements to construct transit stops, do not amend to allow for payment in - lieu -Work with the school district to remove exotic vegetation along south side of the property on school district property -Improve the sidewalk along 25th Street to 8 feet -Install safety measures at the construction entrance on Edwards Road acceptable to the County Engineer. Commissioner Mowery made the motion to approve staff recommendation with additional conditions, Commissioner Bartz seconded and the motion passed unanimously. After item 9.C.1 - Commissioner Mowery and the County Attorney reminded the Board to make their disclosures. Commissioner Mowery indicated that he had no contact regarding the item. Commissioner Hutchinson indicated that she had no contact regarding the item. Commissioner Townsend indicated that she had no contact regarding the item. Commissioner Bartz indicated that she had no contact regarding the item. 141Page Regular Meeting Tuesday, December 6, 2016 6:00 PM Chairman Dzadovsky indicated that he had only spoken with staff regarding the item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend C. PUBLIC WORKS 1. Capron Trails Mine Permit Public Hearing The Assistant County Engineer presented this item for the Capron Trails Mining Permit Application. He explained the Capron Trails mine is situated in northwest St. Lucie County on the west side of 1-95 and on the north side of Indrio Road. The current class 11, 20-year mining permit was approved on December 17, 1996. This mine has historically been operated by Dickerson Materials. Staff stated they are turning the operation of the mine over to Stewart Materials and the property owner remains unchanged. This new miner desires a new class 11 20-year permit but is still planning this effort. The Assistant County Engineer stated that in the short term, they are seeking a new class 11 five-year permit to continue mining while they plan their long term. He explained that the project proposes an expansion of a mine in tract 1 and 4 in the northern portion of the mine. Tract 1 will be expanded by approximately 9.5 acres along the southern boundary, while tract 4 will be expanded by slightly more than 40 acres along the north and south boundaries. Staff continued, that in addition, a separate approximately 12.5 acre surface water management system will be constructed to the west of tract 4 to contain a new sand processing facility. Stormwater runoff from the processing facility will be captured by a perimeter berm and directed through underground culverts to a detention pond in excess of 1 acre. With the expansion, the mining and reclamation will result in two lakes surrounded by gently sloping littoral zone wetlands vegetated with native herbaceous plants. He indicated that the smaller, northern lake will consist of almost 57 acres of open water with slightly more than 5 acres of littoral shore, while the larger southern lake will include slightly more than 123 acres of open water with about 7 acres of littoral shore. The two lakes will be separated by a narrow upland strip of land. The lake depths will be a maximum of 50 feet below the ground surface, with 5 foot deeper key ditches cut along the outside edges of the pit to facilitate dewatering. Staff explained that areas that are undergoing active mining will be dewatered with the groundwater being discharged to the perimeter recharge ditches. A portion of this water will percolate into the ground to minimize impacts to nearby wetlands and to prevent any potential groundwater level draw downs. He noted that draw down models submitted by the applicant demonstrate that no draw down of the groundwater surface is expected to extend beyond the property line. Groundwater monitoring wells are to be installed and will be monitored on a biweekly basis and the information will be submitted to South Florida Water Management District and the county quarterly. 15 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM The Assistant County Engineer explained that correspondence to all of the neighboring property owners within a 500-foot radius of the conditional use boundary has been sent advising of the proposed modification and of tonight's Public Hearing, and notice has been advertised in the Fort Pierce Tribune. This site has historically operated without complaints for many years. Staff indicated the miner has requested similar hours as were provided during the past mining permit modification. He noted that the proposed permit has 12 general conditions and 29 special conditions. He explained that several of the special conditions are specific to the application and pertinent to the discussion and therefore must be made part of the public record. The conditions include: #4 - Hours of operation for onsite activities (including related activities such as loading, stockpiling, processing, etc.): 24 hours, Monday through Saturday. Hours of operations for offsite hauling shall be limited to 6 a.m. to 6 p.m., Monday through Saturday. #5 - No operations on Sundays and holidays (as observed by St Lucie County) except in the event of an emergency declared by the St. Lucie County Administrator. #7 - Blasting is not permitted at this permit. #10 - Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day or each day that the violation is not brought into compliance. #11 - Adherence to all noise and vibration ordinances in effect at the time of approval is required. The noise and vibration conditions may be modified into compliance if noise complaints are received. #17 - Water consumption shall not exceed the limits set forth in the permittee's South Florida Water Management District consumptive use permit. #18 - The cumulative results of all monitoring wells measurements shall be provided on the appropriate basis to the county as required by South Florida Water Management District. #20 - All bonds shall have no expiration date, and only be released with Board of County Commissioner's approval. #23 - The permittee shall be required to record the approved mining permit in the public records of St Lucie County within 60 days of approval. Proof shall be provided to the County Attorney and the County Engineer. #24 - The permittee shall be responsible in maintaining the condition of Indrio Road extending from the entrance of the mine, east to the point at which Indrio Road right- of-way is maintained by the Florida Department of Transportation (approximately 385 feet west of the intersection of Indrio Road and Alco Road). The permittee shall repair the roadway in like kind or better. #25 - A voluntary extraction fee shall be paid to the county per the agreement between Stewart Materials and St. Lucie County regarding voluntary mining extraction fee approved by the Board of County Commissioners. The Assistant County Engineer discussed special condition #25, explaining that the previous mining permit included a voluntary condition of approval that paid St Lucie County 5 cents per ton. The miner would like to continue this practice which creates funds that are used by the Environmental Resource Division for environmental 16 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM enhancements. He emphasized that this condition is strictly voluntary. Staff recommended approval of the permit application subject to 12 general conditions and 29 special conditions. At this time Commissioner Mowery reminded the Board that the previous item for the Sedona PUD was a quasi-judicial item. The County Attorney indicated that the current item is quasi-judicial as well. Commissioner Hutchinson indicated that she had no contact regarding the item. Commissioner Townsend indicated that she had contact with residents. Commissioner Hutchinson and the County Attorney asked for clarification of how many residents and what was discussed. Commissioner Townsend explained that she spoke to Susan Harris regarding her concerns, and she forwarded her questions to the Engineering Department. Commissioner Bartz indicated that she had no contact regarding the item. Commissioner Mowery indicated that he had only spoken with staff regarding the item. Chairman Dzadovsky indicated that he had only spoken with staff regarding the item. There were no comments from the public for this item. Commissioner Townsend expressed appreciation for the applicant continuing to operate in the county. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Stewart Mining - Mining Extraction Fee Agreement The County Attorney presented this item and indicated it is directly related to the previous item for approval of the mining permit. He explained this item is related to a mining extraction fee agreement and is a voluntary agreement on behalf of the miner. Staff reiterated that the county cannot require the miner to pay this fee of $0.05 per ton of mined material. He stated that the county has collected over $200,000 over the course of the agreement for environmental enhancement and conservation programs. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Resolution - Taxable Capital Improvement Refunding Revenue Note, Series 2016 Rate Lock Resolution 17 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM The County Attorney presented this item which relates to the Facilities Use Agreement with Sterling Facilities (also known as the New York Mets) Services that was approved on November 15, 2016 by the Board. He explained that one of the components of the agreement was that the existing debt (approximately $5 million) would be paid for by the Mets. This would free up the Tourist Tax revenues so the county could pay the new debt. Staff explained that this would require refunding the bonds which would become taxable bonds. The county received 4 proposals on November 30th and Mr. Glover's memo recommends using JP Morgan Chase Bank's proposal of 3.05%. The County Attorney explained that the proposal is for a rate -lock agreement with JP Morgan. He noted that the rate proposed by JP Morgan will result in an increase of approximately $20,000 per year in debt service payments. The County Attorney stated that the County Administrator has spoken to representatives of SFS, who have agreed to pay the increased amount. The County Administrator confirmed these comments and noted that this was part of the plan for the agreement from the beginning. Commissioner Townsend thanked county staff for their work on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Revocable License Agreement - Surfside Grill & Pizzeria - 10545 South Ocean Drive The Property Acquisitions Manager presented this item for a revocable license agreement for Surfside Grill & Pizzeria. She explained that this property is part of the Beach Club Colony Section I Platte and explained the history of the zoning of the property since that designation by the Board in 1971. On April 6th Surfside was cited by County Code Enforcement for parking in the rear of the business, partially on the county's right-of-way of Las Olas Drive. Staff presented a map of the area surrounding the restaurant. On May 16th staff received a request from Surfside's attorney requesting permission to allow 8 employees only to use the parking spaces at the rear of the business, which is also is within the county's right-of-way of Las Olas Drive. County staff has reviewed the request and recommends approval, which will allow Surfside to design and permit an all-weather impervious surface. Surfside is of the understanding that this area will be for 8 employee -only parking spaces, a licensed contractor will need to perform the work in accordance with standards for public work construction in St Lucie County and FDOT standards, a maintenance of traffic plan will need to be approved prior to construction and Surfside will need to provide the County Engineer with a schedule of construction. Commissioner Townsend asked if there are other businesses in the immediate area with the same challenge. The Property Acquisitions Manager answered that the 2 business owners immediately to the north, appear to also be parking in the county's right-of-way. She noted that with direction of the Board, staff could contact these businesses to enter into a similar agreement. 181Page Regular Meeting Tuesday, December 6, 2016 6:00 PM Commissioner Townsend stated that this is the proper solution for all of these businesses. The Assistant County Engineer stated that the businesses to the north already have the impervious improvements in place. He explained that this agreement would bring Surfside into compliance as well. Chairman Dzadovsky asked to confirm that these businesses are in violation because they did not go through the approval process for the easement. He stated that for the safety of the community, staff should approach these businesses. Staff confirmed that they do not have agreements in place currently. Commissioner Mowery asked why the county is requiring this business to pursue this application, because the entire area is developed in a similar way. He asked how the site would deal with stormwater issues once the area is hard surfaced. He spoke about the fence placed by the business to the south which limits parking and the parking solutions implemented by the residential homes in the area. He suggested a right-of-way permit to avoid having to use an impervious surface. Commissioner Mowery also stated that the code violation should have been raised for the other businesses as well. He asked about the cost and time required to complete this project. The Assistant County Engineer explained that staff is currently working with the applicant and should be resolved before the end of the calendar year. He stated that the cost would be based on the plan provided by the applicant. Chairman Dzadovsky stated that this application will clarify any confusion and will provide the business with a space on the easement. He noted that this action is directly related to the code violation that was received. Commissioner Mowery asked if the residential homes doing the same were also in violation. He felt that the proposed area was not large enough to accommodate 8 vehicles. He explained that he felt this may lead to requiring all residents and businesses that park in those areas. He asked of stormwater standards would be addressed. Chairman Dzadovsky reiterated that this action was in response to an anonymous complaint that resulted in a code violation. He said that this business is attempting to do the right thing by applying for the agreement. The County Planning and Development Services Director stated that if the business is not adding more than 4,000 square feet of impervious surface they do not need to make any stormwater improvements. She stated that staff was not requiring the business to put in more parking, but rather the business requested additional parking for employees. She also clarified that code enforcement typically examines the entire block for issues once a complaint is received, however it appeared that the other 2 businesses were in compliance at that time. Commissioner Mowery explained the complicated process that will follow once this agreement is approved. He urged pursuing other alternatives to bring the business into compliance. Chairman Dzadovsky asked if brick pavers could be used, rather than having the Engineering Department get involved. The Assistant County Engineer confirmed that would be considered an improved surface and could be used. Commissioner Townsend asked what is in place now. 19 1 P a g Regular Meeting Tuesday, December 6, 2016 6:00 PM Staff confirmed that there are 2 concrete driveways and the rest is grass. Commissioner Townsend said that this agreement would be for the business's protection from future complaints while allowing the business to continue. The County Attorney explained this is a two-step process. This step is for a revocable license agreement to allow use of the right-of-way for parking. He said the only fee is a recording fee. The second issue will be what materials to use and that can be examined by staff to remove unnecessary burden and expense. He suggested approving the item before the Board currently and the remaining issues can be resolved at a staff level. Mr. Raynes, attorney for Surfside, addressed the Board. He explained the efforts by staff to reach a solution to this problem. He expressed his appreciation for the work done by staff and the concerns raised. After the motion was made and approved, Commissioner Hutchinson asked staff to update the Board once a decision is reached. Commissioner Townsend asked if there is a current code violation on the business and if this agreement will resolve this. Chairman Dzadovsky stated this will revert to their case and be handled from there. Commissioner Mowery commended the new Board and Chairman Dzadovsky for the positive dialogue that has taken place. Chairman Dzadovsky confirmed that staff will reach out to the other property owners to bring everyone into compliance. The Property Acquisitions Manager confirmed that staff will contact those businesses. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 4. Architectural Services at Tradition Field in Support of Planned Renovations The County Attorney presented this item related to the expansion and renovation of the sports complex by the Mets. He explained that the Board approved the Facilities Use Agreement and the county is currently waiting for the State approval of the $20 million. He stated that staff is attempting to accelerate the process with the architect in order to minimize the impact on spring training revenues. The item is asking the county to advance up to $500,000 for the architect services that would ultimately be refunded from the bond proceeds once they are obtained, most likely in the first quarter of 2017. The County Attorney added that this agreement should be contingent upon the State of Florida's approval of $20 million, also contingent upon negotiation and execution of a contract with the architect selected by the county, as deemed acceptable. Staff recommended that in support of accelerating the design of the renovated complex which benefits the overall project, that up to $500,000 be advanced from the county's reserves to begin to fund the necessary architectural services. Those funds will be reimbursed from the $55 million in bond proceeds and the initial advance would000 will 201Page Regular Meeting Tuesday, December 6, 2016 6:00 PM only occur with the State of Florida's approval of the $20 million and upon county negotiation and approval of a contract with the architect. The County Administrator stated that this action is necessary for the project to move forward and does not pose any risk to the county's reserves because of the conditions in place within the agreement. Commissioner Hutchinson asked if there is a timeline for when the state will have an answer. The County Administrator indicated it should be soon, the information has been sent to the state. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS Chairman Dzadovsky welcomed Commissioner Townsend and Commissioner Bartz aboard and commended them on their first meeting. He also acknowledged the City of Port St Lucie and the City of Fort Pierce for their holiday parades this year. A. The Board of County Commissioners will hold an Informal Monthly meeting on Tuesday, December 13, 2016 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. B. The Board of County Commissioners has moved their Regular meeting on Tuesday, December 20, 2016 from 9:00 a.m. to 6:00 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. C. County offices will be closed on Friday, December 23, 2016 and Monday, December 26, 2016 to observe Christmas. D. County offices will be closed on Monday, January 2, 2016 to observe New Years. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 21 1