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HomeMy WebLinkAboutMinutes 05.16.2023BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting May 16, 2023 Convened: 9:00 AM Adjourned: 9:35 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by Chair Cathy Townsend, District No. 5. Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Benjamin Balcer, Planning & Development Services Director Patrick Dayan, Public Works Director Barbara Guettler, Public Works MSBU Coordinator JoAnn Riley, Property Acquisition Manager Rebecca Olson, Interim Director of Public Utilities Angela Riggins, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS There were no items scheduled. S. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Marjorie Harrell addressed the Board regarding the public right to attend Board meetings. With no one else wishing to address the Board, Chair Townsend closed the public hearing. BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM 6. PROCLAMATIONS APPROVAL A. Resolution No. 23-073 - Proclaiming the Week of May 21 through May 27, 2023, as National Public Works Week in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to the St. Lucie County Public Works Director, Patrick Dayan, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz I SECONDER: Commissioner District 4 Jamie Fowler I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I NAYS: None I 1 EXCUSED: None B. Resolution No. 23-085 - Proclaiming May 21 - 27, 2023 as "National Emergency Medical Services Week" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to the "St. Lucie County Fire District" Firefighter/Paramedic, Oscar Leiva, and Lieutenant Nick Wilson, thanked the Board, and accepted the proclamation. RESULT: APPROVE I MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz I SECONDER: Commissioner District 2 Larry Leet I IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I I NAYS: None I I EXCUSED: None I A. Board of County Commissioners minutes for the BOCC Regular Meeting of April 18, 2023. 2 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 1 EXCUSED: None A. WARRANTS 1. Warrant Lists 30 - 31 Adopted by Consent Vote B. COUNTY ATTORNEY 1. Resolution No. 2023-76 - Rename E/W 3 to Marshall Parkway in the City of Port Saint Lucie Staff recommended the Board approve renaming E/W 3 to Marshall Parkway, authorize the Chair to sign the resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Revocable License Agreement - 4475 South Indian River Drive - Craig and Jana Lucas Parcel ID 2436-233-0005-000-6 Mr. and Mrs. Lucas are requesting a Revocable License Agreement to install PVC conduit under the right-of-way of South Indian River Drive, a 30' County owned and maintained right-of-way. The conduit will span the entire width of South Indian River Drive, adjacent to 4475 South Indian River Drive. This will provide a means to extend electric and water service from their residence to their property on the east side of the right-of-way. The bore will be a minimum of 36 inches deep. They understand if the County Engineer determines the utility crossing is causing flooding, drainage problems, or for other needs in the area, the utility crossing will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Lucas pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM 3. Revocable License Agreement - 855 SE Corto Terrace - River Park - Unit 7 - Adan Masip Vecino - Parcel ID 3419-550-0060-000-3 Mr. Vecino has requested a Revocable License Agreement to install a 6' metal fence with gates along the sides of his property, within the County's 6' Drainage/Utility Easement and in the rear of his property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 12, Page 41. He understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at his expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Vecino pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 175 NE Tunison Avenue - River Park - Unit 9 - Part A Rachele Bien-Aime and Antonio Casimir - Parcel ID 3419-560-0036-000-7 Ms. Bien-Aime and Mr. Casimir have requested a Revocable License Agreement to install a 6' PVC fence with gates along the sides of their property, within the County's 6' Drainage/Utility Easement, and in the rear of their property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 14, Page 31. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Bien-Aime and Mr. Casimir pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. After the Fact Revocable License Agreement - 831 SE Solaz Avenue - River Park - Unit 6 - Lisa McBride - Parcel ID 3419-545-0091-000-3 Ms. McBride has requested an After the Fact Revocable License Agreement to keep her 6' wood fence with gates along the sides of her property, within the County's 6' Drainage/Utility Easement and along the rear of the property, within the County's 10' Drainage/Utility Easement, per the Restrictive Covenants recorded in OR Book 38, Page 327. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the 4 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM area, the fence and gates will need to be removed or relocated at her expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Ms. McBride pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Resolution No. 2023-77 - Rename Sandhill Circle to Sandhill Trail on the Plat of Torino Lakes - Third Replat as recorded in Plat Book 112, Pages 34-36 Staff recommended the Board approve the renaming of Sandhill Circle to Sandhill Trail, authorize the Chair to sign the resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. After the Fact Revocable License Agreement - 4451 St. Lucie Boulevard - Betkor Properties, L.L.C. - Parcel ID 1431-112-0001-000-8 Betkor Properties, L.L.C. have requested an "After the Fact" Revocable License Agreement to keep their 15 paved parking spaces within the County's right-of-way of St. Lucie Boulevard. Betkor Properties, L.L.C. has been made aware that St. Lucie County may transfer St. Lucie Boulevard to the Florida Department of Transportation, upon project approval/initiation to widen St. Lucie Boulevard or upon concurrence/indication of a transfer of St. Lucie Boulevard to the Florida Department of Transportation. They understand the County Engineer or the Florida Department of Transportation District IV Engineer, in the event of the transfer of St. Lucie Boulevard, may terminate this Agreement with or without cause and require removal of the encroachment at the owners' sole expense. Engineering, Road & Bridge, Water Quality, and Administration have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Betkor Properties, L.L.C, pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Revocable License Agreement - Landscaping and Irrigation in the Median of SE Lookout Boulevard - Vikings Lookout Property Owners' Association, Inc. The Vikings Lookout Property Owners' Association, Inc. has requested a Revocable License 5 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM Agreement to be allowed to install and maintain landscaping and irrigation in the median of a County -owned right-of-way known as SE Lookout Boulevard. They understand if the County Engineer determines the landscaping and irrigation are causing flooding, drainage problems, or for other needs in the area, the landscaping and irrigation will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and Environmental Resources Department have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct the County pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. Sunshine Kitchen - Partial Release of EDA Covenant of Purpose, Use, and Ownership Staff recommended the Board accept the Partial Release of the Covenant of Use, Purpose, and Ownership in favor of the United States Department of Commerce Economic Development Administration, for the Sunshine Kitchen Business Incubator, and authorize the Chair to execute the Partial Release. Adopted by Consent Vote 10. Permission to Advertise Public Hearing - Abandonment of Avenue M Staff recommended that the Board authorize staff to advertise a notice of public hearing to be held on June 6, 2023, at 6:00 p.m. or as soon thereafter as the item may be heard. Adopted by Consent Vote M9,11DII:101,ILIu14 ZALl�:i 1. Recreation Trails Program Grant Acceptance and Contract Execution Staff recommended Board acceptance of the State of Florida Department of Environmental Protection Grant T2215 for the Richard E. Becker Preserve Pedestrian Trail Bridge in the amount of $250,000.00 and authorization for the Chair to sign the grant document as approved by the County Attorney. Adopted by Consent Vote D. HUMAN RESOURCES 1. Resolution Amending Employee Handbook Staff recommended the Board adopt proposed Resolution No. 23-79 as drafted. Adopted by Consent Vote 6 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM E. OFFICE OF MANAGEMENT & BUDGET 1. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $5,530,473.00. Adopted by Consent Vote 2. Fixed Asset Inventory - Property Record Removal Staff recommended Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Tax Collector, and the St. Lucie County Supervisor of Elections. Adopted by Consent Vote F. PARKS & RECREATION 1. Waiver for The Parent Academy of St. Lucie County Inc. Families of the Treasure Coast Inaugural Mr. & Ms. Juneteeth Pageant - Request to Waive Facility Use Fees in the Amount of $1,380.00 Staff recommended Board approval to waive the facility use fee of $1,380.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Museum Pointe Park Parking Lot Expansion - Pot Hole and Expose Utilities on Both Sides of the Road for Approximately 450 ft. - Request Additional Funds $40,000.00 Staff recommended the Board approve additional funds, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. First Amendment to Work Authorization No.6 with Kimley-Horn & Associates for General Planning Services Contract C20-01-222 Staff recommended Board approval of the first amendment to the work authorization No. 06 with Kimley-Horn & Associates to increase the total compensation by $30,000.00 for FY23 and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC SAFETY 1. Florida 911 Region 6 Memorandum of Understanding (MOU) Martin/St. Lucie Addendum 1 7 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM Staff recommended the Board approve the proposed Addendum Number One to add St. Lucie County as Party to the Region 6 MOU and authorize the Chair to sign the addendum. Adopted by Consent Vote I. PUBLIC UTILITIES 1. Bid Waiver and Sole Source Determination FY 22-23 Staff recommended Board approval of bid waiver and sole source determination for the purchase of materials and service from Paw Materials of Hudson, FI, and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote 2. Bid Waiver & Sole Source Addition Staff recommended board approval of the bid waiver and sole source of Neptune metering equipment from Ferguson Waterworks. Adopted by Consent Vote PR1113[41KY19]:4C1V 1. Treasure Coast Airport Connector - St. Lucie Boulevard Extension Roadway Corridor Alternatives Study Interlocal Agreement with Transportation Planning Organization (TPO) for Funding Assistance Staff recommended Board approval to enter into the interlocal agreement, establishment of the project budget of $50,000.00 and to authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Caliber Car Wash - Fee -in -Lieu -Of Sidewalk Construction Revocation Staff recommended the Board approve the revocation of the FILO sidewalk construction agreement with BW Federal Sunny, LLC, and recommends a refund in the amount of $15,100.00. Adopted by Consent Vote 3. Wolflube - Fee -In -Lieu -Of Constructing Concrete Sidewalks Staff recommended Board approval of the Fee -In -Lieu -Of construction agreement with Panelli Fort Pierce, LLC, accepting funds in the amount of $8,950.00, and authorization for the Chair to sign documents as approved to form by the County Attorney. Adopted by Consent Vote 8 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM 4. Maverick Boat Group Phase 2 - Acceptance of Offsite Improvements along St. Lucie Boulevard Staff recommended, in accordance with the Roadway Improvement Agreement and Codes, the Board provide final acceptance of the constructed improvements and release of the agreement and associated remaining bonded 15% retainage in the amount of $31,531.88, and any other Finance Department adjustments and for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. St. James Drive at 7-Eleven - Final Acceptance of Offsite Improvements Staff recommended, in accordance with the Roadway Improvement Agreement and Codes, the Board provide final acceptance of the constructed improvements and release of the agreement and associated remaining bonded 15% retainage in the amount of $7,686.60, and any other Finance Department adjustments and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 6. Award Bid No. 23-025 - Purchase of Sign Material Staff recommended Board approval to award Bid No. 23-025, to the lowest responsive and responsible bidder, Avery Dennison Corporation, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 7. Taylor Creek Restoration Dredging - Acceptance of Project Staff recommended Board acceptance of the Taylor Creek Restoration Dredging project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Bumblebee Academy - Conditional Use Permit to Allow Tutoring Services to Elementary -aged within the CN (Commercial Neighborhood) Zoning District at 6708 Gaddy Street, Fort Pierce, FL 34951, in Lakewood Park. - THIS ITEM IS QUASI-JUDICIAL - ITEM PULLED PRIOR TO MEETING 2. County Initiated Land Development Code Text Amendment to Update Code Provisions Pertaining to Fences, Walls, and Hedges - ADOPTION HEARING Benjamin Balcer, Planning & Development Services Director, presented this item to the Board. A public notice about this item was advertised in St. Lucie Tribune on May 5, 2023. The goal of the ordinance is to 9 1 P a g e BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM clarify and provide standards for fences and walls and address construction materials within most residential zoning districts and provide flexibility for the allowance of additional height for columns, gates, and decorative features, additional height on fences or walls on residential properties when adjacent to a public use or public use facility. Also, provide for a permit exemption for agricultural properties, consistent with Florida statute and clarifying that a fence or wall is considered an accessory use and that a fence, wall, or hedge shall not interfere with drainage or regulated floodways. Staff provided a summary of the changes addressed in the draft ordinance: • Terms used throughout the LDC were updated to add the definitions of "fence and wall" as they don't currently exist. • The text amendment includes adding and clarifying language within LDC Section 8.00.04 for fences, walls, berms, and hedges. One of the main components is the allowance and flexibility for additional height or columns, gates, and decorative features. • Allow columns and architectural features that are integrated into a fence or wall within the required front yard to exceed the maximum permitted height and limit of four (4) feet above the centerline of the adjacent roadway by one (1) foot. • Allow entry features such as columns or gates located adjacent to a residential driveway to be permitted up to six (6) feet in height provided an obstruction to cross visibility along the roadway is not created. • Allow a residential fence or wall to be installed up to 6ft. in height in any required yard as long as it does not create a traffic hazard or obstruct cross visibility along a right of way or at an intersection. • Establish standards for allowable construction materials for fences and would prohibit the use of razor wire, barbed wire, or chicken wire as well as other non-traditional materials, such as tires or pallets within residential zoning districts. Excluding the Agricultural residential and AR-1 zoning districts. • Clarifies that permits are not required for split rail or post and rail fencing within Agricultural Residential or other AG -Zoning Districts. • Clarifications specifying fences located on land used for bona fide agricultural purposes are exempt from the Florida building code or any other County code except for the provisions implementing floodplain management regulations. • Enhances the existing LDC language identifying fences and walls as accessory structures, which shall be permitted in conjunction with any principal existing permitted use or conditional use. • Provides for internal consistency with existing code language pertaining to floors and walls within regulated floodways. The County is planning the completion of significant infrastructure projects, including neighborhood drainage improvements, and it may be necessary to provide additional fence height for increased safety or security purposes. The Planning & Zoning Commission, at their April 20, 2023, meeting, voted to recommend approval of the proposed Ordinance. Staff recommended the Board approve Ordinance 2023- 7 as written. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. 101 Page BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: ADOPT I MOVER: Commissioner District 3 Linda Bartz I SECONDER: Commissioner District 4 Jamie Fowler I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I NAYS: None I EXCUSED: None B. PUBLIC WORKS 1. Culvert 2023-05 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In 2021, the Board created the Culvert Assistance Program to give property owners the option to fund the replacement of failed culverts through non -ad valorem special assessments. The proposal is an assessment resolution required by the County Ordinance. The purpose of the resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the MSBU, determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, and approve the assessment roll. Staff recommended the Board approval of Resolution No. 2023-75, the Culvert 2023-05 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. Chair Townsend commented on the program and addressed the public and advised them to reach out to the County Public Works department for assistance in replacing their culverts. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 3 Linda Bartz I I SECONDER: Commissioner District 2 Larry Leet I IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I I NAYS: None I 1 EXCUSED: None 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Sale of Surplus County Owned Property - Parcel ID 4502-212-0001-000-1 JoAnn Riley, Property Acquisition Manager, presented this item to the Board. The proposed parcel consists 11 1 Page BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM of 4.8 acres and was escheated to the County on August 22, 2019. The parcel was offered to various County departments for future projects and staff determined the parcel was not needed. Planning and Development Services determined the parcel is unbuildable due to insufficient road frontage along South Ocean Drive. The insufficient road frontage makes the property only valuable to adjacent property owners that have existing road frontage. For this reason, St. Lucie County Code of Ordinances Section 32-26(d), provides the County may negotiate a private sale of surplus property that is unbuildable to obtain a building permit for adjacent property owners. Staff contacted adjacent property owners for any interest in the purchase of the County -owned surplus parcel. A response was received from one (1) adjacent property owner which included a bid of $202,000.00. A County contracted appraiser and a review appraiser valued the surplus property at 330,000.00. Also, the appraiser indicated that the market value of the County surplus parcel is $512,400.00. On May 8, 2023, County staff received a call and an email from the adjacent property owner with a counteroffer of $330,000.00. Staff recommended that the Board accept the counteroffer of $330,000.00 from the adjacent property owner, authorize the Chair to sign the county deed, and direct staff to record the deed in the public records of St. Lucie County, Florida. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Revocable License Agreement - Fencing of Rights -of -Way of Traub Avenue and Canal Drive - Regina Palms Subdivision - Timothy and Audra O'Carroll - Parcel ID 3403-501-0219-000-2 - ITEM PULLED PRIOR TO MEETING 3. Petition to Amend the Boundary of the Capron Trail Community Development District Daniel McIntyre, County Attorney, presented this item to the Board. The purpose of the amendment is to allow the District to provide maintenance and permit compliance with the lands being added. The proposed amendment is to add 455.99 acres to the District boundaries. The Community Development District, created in 1988 is provided for by state law and used by property developers to create a unit of special government to fund infrastructure such as roads, drainage, water, sewer, etc. The District is located within unincorporated St. Lucie County and currently covers approximately 5,420.394 acres of land. However, the actual acreage of the parcels in the District is 5,422.78. On May 5, 2023, a petition was filed to amend the boundaries of the district by 455.99 acres, which is designated as an expansion parcel. The expansion parcel is contiguous to the southern boundary of the current District boundary. The Petition states that no improvements or services are presently expected to be constructed within the expansion parcel. 121 Page BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM The County will continue to regulate land use and zoning in the Community Development District. Under the terms of the statute, the County is allowed an option to hold a public hearing to consider the contents of the petition, but it is limited to the determination in support of the petition or not. If the Board decides to hold a public hearing, they should do so within 45 days of the petition being filed. At this time, staff were unaware of any issues to suggest the Board hold a public hearing to consider the petition. Regardless of the Board's decision, State law requires that a local public hearing on the petition shall be conducted by a hearing officer following the Administrative Procedure Act. Staff recommended that the Board determine that an additional local public hearing conducted by the Board is not needed, given that there will be a public hearing conducted by a hearing officer. Commissioner Dzadovsky commented and acknowledged the Community Development District and the additional fees and costs associated with that are part of the process, and advised the cost is not that of the County Taxing District. He advised the public interested in purchasing within the Community Development District, another entity may be charging fees and costs for being in the community. Mr. Mclntrye commented and advised that the County is responsible for and district under 1,000 acres as the breakpoint. He advised the letter on the Board's behalf will make sure those purchasing within the Community Development District have full disclosure of the additional fees. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky I SECONDER: Commissioner District 4 Jamie Fowler I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I NAYS: None I EXCUSED: None 4. Opioid Litigation - Proposed Bankruptcy Plan Involving Endo Health Solutions, Inc. and Endo Pharmaceuticals, Inc., ("Endo")(col lectively, "Settling Defendants") Daniel McIntyre, County Attorney, presented this item to the Board. The County is one of many local governments that have filed suit against various companies, including the Distributors and Settling Defendants referenced in the statement referred to as the National Prescription Opiate Litigation. In May 2023, the County attorney received correspondence from the firm representing the County in Litigation indicating there was a proposed Bankruptcy Plan involving a firm named "Endo", one of the defendants. The firm recommended that the County not object to the Plan and authorize the firm representing the County to file a Notice of Claim on the County's behalf. Staff recommended that the Board not object to the bankruptcy plan and authorize the firm representing the County to file a notice of claim on the County's behalf. 131 Page BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz I SECONDER: Commissioner District 2 Larry Leet I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I I NAYS: None I 1 EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred over the previous month. • FPL Power Plant Service Garage: Minor Adjustment to a CU Permit and Major Site Plan • Harbour Cove FKA Coral Cove Beach: Minor Adjustment to the Major Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. C. PUBLIC UTILITIES 1. Amendment No. 4 - Contract for Consulting/Professional Services Regional Water Treatment Plant Design Taylor Dairy Road Service Area Rebecca Olson, Interim Director of Public Utilities, presented this item to the Board. The County Water and Sewer District wishes to construct a potable water treatment facility to meet the current and projected future potable water demands from increased growth in the Taylor Dairy Road service area. The proposed amendment No. 4 to the CDM contract is to take the Taylor Dairy water treatment plant from a 30% to 100% design from the initially entered contract in August 2019. Since the initial contract, there have been three (3) amendments: 1. September 2021, CDM to perform pilot testing of the proposed Low -Pressure Reverse Osmosis (LPRO) water treatment process using raw water from the existing onsite Upper Floridan Aquifer (UFA) well. 2. November 2021, CDM to perform design, permitting, and bidding services. 3. December 2022, the final design, permitting, and bidding services for the development of two Upper Floridan Aquifer (UFA) raw water production wells. 141 Page BOCC Regular Meeting Tuesday, May 16, 2023 9:00 AM The fourth amendment will include updating the preliminary design report (PDR), final design, permitting, and bidding for only the 2 million gallons per day (MGD) Water Treatment Plant (WTP) portion of the Project and construction. Staff recommended that the Board approve Amendment No. 4 to the August 20, 2020 Contract with CDM and authorize the Chair to sign the amendment. Chair Townsend thanked the staff for all the hard work. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 4 Jamie Fowler I SECONDER: Commissioner District 3 Linda Bartz I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I NAYS: None I EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, June 6, 2023, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:35 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 151 Page