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HomeMy WebLinkAboutMinutes 06.06.202391rc LUCE 0 Q n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 6, 2023 Convened: 6:00 PM Adjourned: 8:17 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Cathy Townsend, District No. 5. Present 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 Joshua Revord, Port, Inlet & Beaches Director JoAnn Riley, Property Acquisition Manager Erin Elizabeth Taylor, Planning & Development Services Associate Planner Tahir Curry, Planning & Development Services Planner I Thad Crowe, Planning & Development Services Senior Planner Nicole Fogarty, Legislative Affairs Division Director Grantly Rickets, St.Lucie County Extension Director John Ferguson, St. Lucie County 4-H Director Brian Arbeiter, Environmental Resources Senior Planner Kori Benton, Planning & Development Services Planning Manager Rebecca Olson, Interim Director of Public Utilities Irene Szedlmayer, Planning & Development Services Senior Planner Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECESS FOR SPECIAL DISTRICT MEETINGS Erosion District Meeting Mosquito Control District Meeting BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 5. APPROVAL OF AGENDA -ADDITIONS, DELETIONS, REVISIONS A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. PRESENTATIONS A. 2023 Legislative Session Wrap Up Nicole Fogarty, Government Relations Director, presented this item to the Board and provided a wrap-up of the 2023 State Legislative Session. A summary overview of the Bills passed during the regular session with 3,229 votes taken, and 52-floor sessions within 60days from March 7, 2023, to May 5, 2023 • 1,873 Bills and PCBs filed • 2,674 Amendments filed • 356 Bills passed both chambers She provided a breakdown by section of the percentage of what the legislature has provided by category for the State Fiscal Year (SFY) 2024 General Appropriations Act based on a $113 billion state budget. The governor has yet to act on the budget and is still waiting for his consideration and ultimate approval. She highlighted Health and Human Services (40.38%) and Education (25.95%) are the top priorities of the state's contribution rates and advised that the Florida Retirement System contribution rates will change in the upcoming year with over a 2% increase from regular to drop. Ms. Forgarty provides a brief percentage breakdown for the General Appropriations Act within the Budget Contribution Rates (FY 2022-23), and the Unfunded Actual Liability (FY 2022-23), Health & Human Services, Economic Development, and Agriculture & Natural Resources. The back of the Bill in local support grants $106 million to the Hurricane Nicole and Ian Beach Restoration and $4 billion to the Moving Florida Forward towards the Midway Road Bridge Project. The Florida Department of Transportation received $4 billion to complete the project. Section 85 passed a policy in the budget a county or municipality may not adopt or amend a fertilizer ordinance that provides for a prohibited application not in existence on June 30, 2023, expiring on July 1, 2024. A summary of the Legislation presented or approved by the Governor: SB 102-Live Local Act: the first bill passed in the legislative session/signed by the governor that provides a record funding of $711 million towards affordable housing to all residents increasing the borrowing amount to $35,000. (SAIL, SHIP, Hometown Heroes, FHFC). Preempts local governments' requirements regarding zoning, density, and height to allow 2 1 P a g e BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM for streamlined development of affordable multifamily rental housing in commercial, industrial, and mixed -use zoned areas under certain circumstances. Removes the ability to deny projects in certain cases, ability to impose rent requires counties and cities to update and electronically publish the inventory of publicly owned properties control. • SB 1604- Land Use & Development: Extends the length of the required planning period from 10 years and 20 years. Also, requires land development regulations adopted by a local government to establish minimum lot sizes consistent with the maximum density, and allows the regulation of certain building designs created before July 1, 2023. • HB 881- My Safe Florida Home: Provided grants to assist in retrofitting single-family homes to make them less vulnerable to hurricane mitigation to all residents. Grant awards are provided on a 1:2 match, up to $10,000. • HB 89- Building Construction: Prohibits local government from making substantive changes to plans after a permit has been issued unless such changes are required under the Florida Building Code or Fire Prevention Code. • SB 170- Local Ordinances: Expanded the current law to allow civil action challenges to local ordinances, this bill expands on this to include arbitrary or unreasonable. Allows the court to award attorney fees to the prevailing complainant, not to exceed $50,000, and requires a business impact statement/estimate. Applies to ordinances adopted on or after October 1, 2023. • SB 106 -SUN Trail Network: Expands the existing Shared -Use Nonmotorized (SUN) Trail Network and increases recurring funding for the SUN Trail Network and provides a non- recurring appropriation. • HB 1405- Biosolids: Establishes a biosolids grant program within DEP to provide grants to counties, special districts, and municipalities to support projects. Evaluate and implement innovative technologies and solutions for the disposal of waste. • HB 1379- Water Quality: Requires any county with a basin management action plan (BMAP) within its jurisdiction to include within the capital improvement element of its comprehensive plan a list of projects necessary to achieve their BMAP with a deadline of July 1, 2024. Prohibits the installation of new onsite sewage treatment and disposal systems within a BMAP area adopted under s. 403.067, F.S. effective January 1, 2024. Establishes the Indian River Lagoon Protection Program within DEP., $100 million annually to Florida Forever Program. • HB 5- Economic Development: Renames the Department of Economic Opportunity as the Department of Commerce. Eliminates Enterprise Florida and transfers all duties and functions to the Department of Commerce. • HB 7063-Tax Package: Permanently exempts from sales tax from baby and toddler, oral hygiene, and adult incontinence products. Private investigative services, machinery, and equipment used to produce, store, transport, compress, or blend renewable natural gas, firearm storage devices, and certain cattle fencing. Certain property taxes and prohibits special assessments on agricultural lands. Discretionary Sales Surtax reenactment or increase of a currently levied tax must appear on the ballot in a general election within the 48 months preceding the effective date. HB 411- Local Redistricting: Bill prohibits changes to county commissioner district boundaries 270 days before a regular general election. Prohibits the consideration of the residential addresses for incumbents and candidates during the district -drawing process for 3 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM all Board members. This applies to City commissioners and School Board members as well. The Board discussed the presented information. Chair Townsend mentioned to the public an opening for the St. Lucie County Fine Board to assist in the protection of the Indian River Lagoon and Waterfront as a governor's appointee. 7. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Mark DeRosa addressed the Board and thanked them for the speed limit change on Indian River Drive. • Jackie Fitzpatrick addressed the Board regarding the change in the speed limit on Indian River Drive. • Audrey McGowen addressed the Board regarding traffic control and concerns on Prima Vista Boulevard. With no one else wishing to address the Board, Chair Townsend closed public comment. 8. PROCLAMATIONS APPROVAL There were no items scheduled. 9. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None I EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting May 2, 2023. B. Board of County Commissioners minutes for the BOCC Informal Meeting of May 9, 2023. C. Board of County Commissioners minutes for the BOCC Regular Meeting of May 16, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. 4 1 P a g e BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 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 A. WARRANTS 1. Warrant Lists 32 - 34 Adopted by Consent Vote B. COUNTY ATTORNEY 1. Contract for Sale and Purchase of Permanent Drainage and Right -of -Way Easement Tilton Road/St. Lucie Gardens Watershed Improvements - Jose Gil and Xiomara Gonzalez -Gil - Parcel ID 3414-501-1110-300-2 (a portion of) Staff recommended the Board approve the contract for sale and purchase from Jose Gil and Xiomara Gonzalez -Gil, authorize the Chair to sign the contract and resolution accepting the permanent drainage and right-of-way easement, direct staff to proceed with the closing, and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Resolution No. 23-081- Amendment to the St. Lucie County Water and Sewer District Uniform Service Policy to Amend Section "Adjustment of Bill for Meter Error" Staff recommended that the Board adopt Resolution No. 23-081 and authorize the Chair to sign the resolution. Adopted by Consent Vote 3. RxBenefits - Addendum to Administrative Services Agreement Staff recommended that the Board approve the addendum to the Administrative Services Agreement as drafted by the County Attorney's office and authorize the Chair to sign the addendum. Adopted by Consent Vote 4. Budget Amendment - Transfer $225,000.00 from Contingency Fund to Professional Services Staff recommended the Board approve the transfer of $225,000.00 from the contingency fund to professional services as requested. Adopted by Consent Vote BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 5. Revocable License Agreement - Glades Cut Off Road - Pivotal Utility Holdings, Inc., D/B/A Florida City Gas Property Acquisitions received a Right -of -Way Permit from Florida City Gas to install a new gas service line across the right-of-way of Glades Cut -Off Road, which requires a Revocable License Agreement. Florida City Gas is installing approximately 200' of 6" PE gas service line via horizontal direct drilling, across the County right-of-way of Glades Cut -Off Road. 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 Pivotal Utility Holdings, Inc., D/B/A Florida City Gas pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Revocable License Agreement - 413 Poplar Ave - River Park - Unit 2 - John M Carney and Carrie Ann Blazer - Parcel ID 3419-510-0136-000-3 Mr. Carney and Ms. Blazer are requesting a Revocable License Agreement to install a 6' wood fence along the south and east sides of their property and a 6' wood fence with gate along the north side of their property, within the County's 6' Drainage/Utility Easement per the Restrictive Covenants recorded in Deed Book 224, Page 453. They understand if the County Engineer determines the fence and gate are causing flooding, drainage problems or for other needs in the area, the fence and gate 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 Mr. Carney and Ms. Blazer to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Resolution - Right -of -Way Donation - 5' on South Graves Road from Howard Nelson, Jr. - Parcel ID 2212-321-0001-000-0 Staff recommended the Board accept the warranty deed from Howard Nelson, Jr, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Resolution - Right -of -Way Donation - Yon South Graves Road from Howard Nelson, Jr. - Parcel ID 6 1 P a g E BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 2212-323-0001-000-6 Staff recommended the Board accept the warranty deed from Howard Nelson, Jr, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. Communities Connected for Kids - Contract Renewal Staff recommended that the Board approve the contract for drug testing the clients of Communities Connected for Kids along with the ancillary documents as approved by the County Attorney, and authorize the Chair to sign the contract and the ancillary documents. The term of this contract agreement shall commence on July 1, 2023, and shall continue until June 30, 2026. Adopted by Consent Vote 10. Revocable License Agreement - 306 Riomar Drive - River Park - Unit 2 - Timothy Donahue - Parcel ID 3419-510-0061-000-6 Mr. Donahue has requested a Revocable License Agreement to install a 6' wood fence and gates along the northeast side and northwest rear of the property, within the County's 6' Drainage/Utility Easements per the Restrictive Covenants recorded in Deed Book 224, Page 453. He understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence 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. Donahue to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. "After the Fact" Revocable License Agreement - 3705 Tanager Place - Estates of Longwood - Ryan Murphy and Alyse Walker - Parcel ID 2433-502-0015-000-5 Mr. Murphy and Ms. Walker have requested an "After the Fact" Revocable License Agreement to keep their 4' chain -link fence along the south side of the property, within the County's 7.5' Drainage Easement, per the Estates of Longwood Subdivision Plat recorded in Plat Book 26, Page 27. The fence must be placed a minimum of 2' off the centerline of the existing concrete drainage structure. 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. 7 BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the "after the fact" revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. Murphy and Ms. Walker to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 12. Resolution - Accepting a Conservation Easement and Preserve Area Management and Monitoring Plan from Michael Stankoski - Parcel ID 3409-803-0005-000-4 - ITEM MOVED TO 12.13.2. C. COMMUNITY SERVICES 1. Request for Approval of the Funding Agreement Between St. Lucie County and the Florida Division of Emergency Management for the Hurricane Loss Mitigation Program Staff recommended Board approval of the contract between FDEM and St. Lucie County, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. ENVIRONMENTAL RESOURCES 1. Piggyback FWC17/18-82 Vegetation Management Continuing Contract with Environmental Quality, Inc. Staff recommended the Board approve to piggyback off FWC17/18-82 with Environmental Quality, Inc. and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. HUMAN RESOURCES 1. St. Lucie County Employee and Family Health Care Center - Approval of Utilization Agreements Staff recommended the Board terminate the existing utilization agreements with the Sheriff, Tax Collector, St. Lucie County Fire District, and the St. Lucie County Fire District Trust, approve the proposed St. Lucie County Employee and Family Health Care Center Utilization Agreement with the Sheriff, and authorize the Chair to sign the agreements as well as the agreements with other governmental entities as approved by the County Attorney. Adopted by Consent Vote F. INFORMATION TECHNOLOGY 1. Carasoft - EasyVista Work Order Software Agreement F'3 BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Staff recommended the approval of the Carasoft-EasyVista Software agreement for a new work order system for the Information Technology Department in the amount of $124,818.00 over a three-year term, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. LIBRARY SERVICES 1. Libraries with Heart Blood Pressure Monitoring Kits Staff recommended Board approval of Libraries with the Heart Blood Pressure Monitoring Kit Agreement. Adopted by Consent Vote H. 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 $3,463,943.00. Adopted by Consent Vote 2. Award of Bid No. 23-028 - Purchase of Pesticides and Herbicides Staff recommended Board approval of the award of Bid No. 23-028, Purchase of Pesticides and Herbicides to Aspen Outdoors, Heritage PPG & SiteOne Landscape Supply, and authorization for the Chairman to sign the contracts as approved by the County Attorney. Adopted by Consent Vote 3. Award of Bid No. 23-031- Rental of Construction and Industrial Equipment Staff recommended Board approval to award Bid No. 23-031 Rental of Construction and Industrial Equipment to Alta Construction Equipment, Herc Rental, Inc., Synergy Equipment, and United Rentals, and authorization for the Chair to sign the contracts as approved by the County Attorney. Adopted by Consent Vote I. PARKS & RECREATION 1. Notice of Intent to Terminate July 16, 2019, Interlocal Agreement for Landscape Maintenance - C19- 07-646 Staff recommended Board approval to terminate the current interlocal agreement between St. Lucie County and the St. Lucie County Tax Collector's Office, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9 1 P a g e BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 2. 15th Annual Back To School Expo - Request to Waive Facility Use Fees for the Havert L. Fenn Center in the Amount of $2,647.50 Staff recommended Board approval to waive the facility fee of $2,647.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Museum Pointe Park Parking Lot Expansion 4th Amendment to Work Authorization No. 3 under contract C14-09-393 - $10,700.00 Staff recommended Board approval for the additional funding in the amount of $10,700.00 for the changes, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote J. PLANNING & DEVELOPMENT SERVICES 1. Request to Contract with Axim Geospatial LLC. for Building Footprint Extraction Proposal Staff recommended Board approval to contract with Axim Geospatial LLC., and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Request to Contract with Joe Payne, Inc. for Building Plan Review and Building Inspection Services Piggybacking on a Contract with Sarasota County Staff recommended Board approval of a contract with Joe Payne, Inc. for a maximum contract amount not to exceed $150,000.00 annually for plan review and building inspection services, piggybacking the Sarasota County contract and Invitation to Bid #222356MN and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote 3. Seagrove (fka Coconut Cove) PUD Tract & Phase One Final Plat - Single-family & Townhome Residential Lots, Stormwater Tracts, Open Space Parcels, and the Phase 1 Roadways Staff recommended the Board approve the Tract & Phase 1 Plat, conditioned upon approval of a Subdivision Improvement Agreement (SIA) and associated surety for completion of required subdivision improvements, authorizing the Chair to sign documents as approved by the County Attorney. Prior to the County executing the Replat mylars, the mylars shall be certified by the Development Review Committee, including dedications and covenants for the conservation easement(s) or dedications. Adopted by Consent Vote 101Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 4. Cabo Rio RV Plat - RECOMMENDATION AMENDED Staff recommended the Board approve the Cabo Rio Plat, and authorize the Chair to sign the plat and associated documents as approved by the County Attorney, conditioned upon approval of construction authorizations from the County Engineer in accordance with Section 11.03.02, LDC and an executed subdivision improvement agreement in accordance with Sections 11.03.03 B and 11.04.00, LDC. Adopted by Consent Vote K. PUBLIC SAFETY 1. Interlocal Agreement with Martin County Sheriff's Office for the Provision of 9-1-1 Call Transfers and Policy Routing Staff recommended the Board approve the interlocal agreement between Martin County Sheriff's Office and St. Lucie County for the Provision of 9-1-1 Call Transfers and Policy Routing and authorize the Chair to sign the agreement as drafted. Adopted by Consent Vote L. PUBLIC UTILITIES 1. Award of Bid No. 23-033 - Electrician Services for St. Lucie County Solid Waste (SLCSW) - RECOMMENDATION AMENDED Staff recommended Board Approval to award Bid No. 23-033 to Richmond Electric, Inc and Davco Electrical Contractors and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote M. PUBLIC WORKS 1. Eleven Mile Road Bridge over Ten Mile Creek Repairs — Final Acceptance Staff recommended the Board's acceptance of the Eleven Mile Road over Ten Mile Creek Bridge Repairs Project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 2.25th Street over Ten Mile Creek Bridge Repairs - Phase 1 - Final Acceptance Staff recommended Board acceptance of the 25th Street Bridge over Ten Mile Creek Bridge Repair Project - Phase 1 and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 111 Pag BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 3. Jenkins Road Project Development Environment (PD&E) Study (Midway Road to Orange Avenue) - Adopt Resolution No. 2023-82 and provide funding in the amount of $1,000,000.00 towards the PD&E study. Approve a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT). Staff recommended that the Board adopt Resolution No. 2023-82 and authorize the Chair to sign the FDOT Local Funding Agreement, FPN 2436331-1-22-02, the associated third -party escrow agreement, and other documents as approved by the County Attorney. Adopted by Consent Vote 4. Facilities Use Agreement - West Palm Beach Fishing Club Staff recommended approval of entering into a Facilities Use Agreement with the West Palm Beach Fishing Club, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Award Bid No. 23-026 - Aquatic Vegetation Control and Lake Slope Mowing Services to Kerner Environmental for Herbicidal Vegetation Control and Mowing for County -Maintained Canals, Ditches, Ponds, and Stormwater Treatment Areas Staff recommended Board approval for the award of Bid No. 23-026 for Aquatic Vegetation Control and Lake Slope Mowing Services, to the lowest responsive bidder, Kerner Environmental, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 6. Right of Way Acquisition Memorandum of Agreement (MOA) Approvals — SR-713 / Kings Highway from North of Interstate 95 to North of Commercial Circle (FPID 438379-4-52-01 & 438379-5-52-01) and from North of Commercial Circle to North of St. Lucie Boulevard (FPID 438379-2-52-01) Staff recommended that the Board approve the proposed MOA for acquisitions as detailed in the provided exhibits and authorize the Chair to sign the Florida Department of Transportation (FDOT) MOA's for FPID 438379-4-52-01 & 438379-5-52-01 and FPID 438379-2-52-01, and other documents as approved by the County Attorney. Adopted by Consent Vote N. TRANSIT 1. Authorization Resolution - Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PGTA) for both Operating and Travel Training - Grant Acceptance & Authorization Resolution for FY23 will be for both Operating & Travel Training Staff recommended Board acceptance of authorization resolution 2023-87 and the Public Transportation Grant Agreement for both operating and travel training (FM No. 452479-1-84-01 & FM 12 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM No. 452479-2-94-01) and authorization for the Chair to sign as approved by the County Attorney. Adopted by Consent Vote 11. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution No. 2023-096 - Public Hearing - Abandonment of Avenue M JoAnn Riley, Property Acquisition Manager, presented this item to the Board. On November 15, 2022, the Board approved Resolution No. 2022-218 authorizing an Exchange Agreement between the City of Fort Pierce and St. Lucie County for certain rights -of -way. On June 1, 2023, County staff was contacted by the City attorney requesting additional time to review the due diligence associated with the transfer agreement of Avenue M to the County. The staff has no objection to granting the City additional time as the County would not be able to abandon the public interest of Avenue M without the ownership being conveyed. Staff recommended that the Board continue the public hearing until July 11, 2023, at 6:00 pm or as soon thereafter as the item may be heard. 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. A motion was made to approve the staff recommendation to continue the item to the July 11, 2023, Regular Meeting Agenda, or soon thereafter, and it passed unanimous RESULT: CONTINUE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. 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 This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only Commissioner Larry Leet- Spoke with staff only Commissioner Chris Dzadovsky - Spoke with staff only Chair Cathy Townsend - Spoke with staff and previous owner. 131Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. In accordance with the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on May 25, 2023, and notices were mailed to 33 adjacent property owners located within a 500 feet radius, and signs were placed on the subject property and four responses were received. The proposal is for a 0.73-acre parcel that has a 3,252-square-foot building supporting a fifty-four (54) student daycare center. In 1990 the Board granted a conditional use permit to allow a childcare facility on the subject parcel which has since expired in 2013 due to a vacancy for more than 12 months. In 2018, the Board allowed another facility a conditional use permit known as the Little Christian Academy, which has since been sold to Christina Morales of Bumblebee Academy in 2022. On May 20, 2022, Planning and Development approved a minor adjustment to the Little Light Christian Academy's conditional use permit for ownership and a name change to the existing child's daycare, to be known as Bumblebee Academy. The subject site has a Commercial, Neighborhood Zoning Designation. According to the County Land Development Code Section 3.01.03.Q., tutoring services are not identified within the zoning district and a Use Determination, approved by the Planning & Development Services provides for tutoring services as an eligible conditional use of the subject property. The tutoring services will co -exist with the Bumblebee Academy daycare, separated by individual classrooms within the building. There will be a maximum of 54 learners total, consisting of five (5) classrooms with 8-10 learners per classroom. The learner -to -staff ratio will be ten (10) to one (1) with Daycare ages 2-5 and Tutor students ages 6- 11. Also, there will be five (5) to seven (7) part-time and full-time employees. Food will not be prepared on -site as part of the tutoring services. No bus service will operate. Parents will drop off and pick up students in the formation of a car line in front of the building. Staff recommended the Board approve this conditional use permit. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Christina Morales (Applicant) With no one else wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Proposed Comprehensive Plan Future Land Use Map Amendment for Rainbow Groves Mixed -Use (MXD) Activity Area 141Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Irene Szedlmayer, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. In accordance with the public notice requirements, the public hearing was properly noticed in the Local Newspaper on May 26, 2023, notices were mailed to adjacent property owners within a 500-foot radius, and signs were placed on the subject property. The subject site is in south central St. Lucie County, five miles north of the Martin County boundary, and located in the one -mile section of unincorporated St. Lucie County bounded by Range Line Road on the east and the McCarty Ranch Preserve on the west. The large-scale map amendment, if approved, will change the future land use designation from Agricultural-5 to Mixed Use Development with associated Specific Use Areas devoted to Heavy Industrial (+/- 151 acres), Light - Industrial (+/- 49 acres), and Light Industrial/Commercial (+/- 46 acres) uses, all requiring future development pursuant to a Planned Non -Residential Development Zoning District totaling approximately 245.27 acres. The County Long -Range Transportation Plan designates Rangeline Road and Glades Cut-off Road as a freight rail which will be supportive of industrial uses in the area. The following policies shall govern the specific Rainbow Groves Mixed Use area: 1. All development within the Rainbow Groves Specific Use Area shall occur through the Planned Nonresidential Development Plan process. 2. Light Industrial/Commercial SUA, including flex -space buildings, will provide a vegetated buffer zone to properly buffer the adjacent roadway and residential use(s). Any outdoor storage (non - retail display) shall be behind primary structures and adequately separated from the adjacent roadway and residential use(s). 3. Light Industrial SUA, including flex -space buildings, will serve as a transition to adjacent uses. A permanent and vegetated buffer zone shall be provided between the Light Industrial SUA and adjoining residential or agricultural land. The vegetated buffer zone shall be no less than 50 feet, whereas certain uses may require a wider vegetated buffer. 4. Heavy Industrial SUA. includes appropriate open space and buffers adjacent to agricultural, residential, and public uses & environmental conditions. No off -site effects from undesirable noise, vibration, odor, dust, or other offensive effects shall be permitted. The vegetated buffer zone shall be no less than 50 feet, whereas certain uses may require a wider vegetated buffer. The proposed policy for Heavy Industrial prohibits specific uses within the activity area including but not limited to natural or manufactured gas storage/chemicals & distribution, outdoor scrap/paper products, waste, and land clearing, outdoor stockyards, and wholesale trade of petroleum. The Planning & Zoning Commission voted to forward a recommendation of approval at their May 18, 2023 meeting with the drafted sub -area policies as recommended by staff. The County staff and the Fire District staff met with the applicant after the Planning & Zoning meeting and modified the list of prohibited activities/manufacturing to increase some flexibility. The staff and the applicant were not in agreement on some of the terms. Staff advised this is the appropriate time for the future land use map amendment and to establish the Mixed-Use/Specific-Use area policies. The State Statute Chapter 163 mandates that land uses be compatible with adjacent land uses. The County Comprehensive Plan has several policies that require that adjacent land uses be compatible. Staff recommended the Board approve the transmittal of the proposed FLUM amendment from AG-5 to MXD (Mixed Use Development) on the subject site with the Rainbow Groves Specific Use Activity Areas for heavy industrial, light industrial, and light industrial/commercial uses and the specific use 151Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM policies. Mike McCarty of McCarty & Associates Land Planning and Design addressed the Board on behalf of Rainbow Groves regarding the proposal. He advised that the property has been owned by the McCarty family for almost a century and has been used for agricultural purposes for many generations, specifically for the cultivation of citrus which is no longer appropriate to use. The property is positioned to provide a greater benefit to the community through job creation and industry. We are requesting a change to the future land use designation from Agriculture to MXD to establish the Rainbow Groves Specific Use Activity Areas for heavy industrial uses; light industrial uses; and light industrial or commercial. He provided the Board with a brief overview of the rail connectivity to the ports and airports and advised the area is directly accessed and served by the Florida East Coast Railway. The vision is for a multi -use commerce park providing logistics distribution, warehousing with cross -docking, cold storage, manufacturing, building contractor/subcontractor facilities, and light and heavy industrial users, with the possibility of an intermodal container transfer facility (ICTF). Mr. McCarty advised staff's recommendations for the transmittal of the proposed Rainbow Groves MXD for future land use and restrictions on the permitted uses utilizing Specific Use Activity Area Policies. Are firmly believed to be an overreach. Mr. McCarty and the applicant believe it would be most appropriate for the list of prohibited uses to be part of the Planned Non -Residential Development and not part of the sub -area policy. The permitted uses, buffers for specific uses, screening, potential dust and noise pollution prevention measures, and any other concerns will be addressed in the Planned Non -Residential Development site plan application. The applicant feels they have demonstrated compliance with the Comprehensive Plan and the proposed future land use amendment meets all of the performance criteria to transmit the application to the state and respectfully requested transmittal approval of the application by the Board. Commissioner Fowler questioned if there was an anticipation date on the easement for transport on the railway. Mr. McCarty advised they're currently working with the EDC and other potential industrial developers to partner with them on the use of the rail. Once they have a user, it will trigger the entitlement process for the infrastructure of the mainline switch at the FEC. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. Pete Tesch, President of the Economic Development Council (EDC) • Marissa Da Breo-Latchman, City of Port St. Lucie Planning & Zoning With no one else wishing to address the Board, Chair Townsend closed the public hearing. Mr. McCarty addressed public concern regarding the roadway networks in the City of Port St. Lucie connected to Rangeline Road. He advised the project is currently at the land use stage and recognizes that as they move forward when the PNRD is submitted they will demonstrate concurrency, trip distribution, and the impacts on the roadways. They welcome the City of Port St. Lucie to assist with a plan to make the roadways work for the community. County staff concurred with Mr. McCarty on reaching out to the City of Port St. Lucie planning team to provide the transportation impact analysis of this proposal and other referenced projects to ensure their collaboration in the initiative. 16 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Commissioner Dzadovsky commented on Mr. McCarty's statement on the commitment to working with the City of Port St. Lucie, the roadway network, and County staff. He questioned if Mr. McCarty's commitment could be included in the motion to transmit the proposal with the Board's approval on the assurance that it is honored after the fact. Mr. McCarty agreed. A motion was made to approve staff recommendations for transmittal with the inclusion of Mr. McCarty's statement on the record of his commitment to working with the City of Port St. Lucie, and it JJCU UIIdIIIIIIVuJIv. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 3. R Floyd Rezone: Amendment to the Official Zoning Atlas for a change in zoning from the I (Institutional) to the RS-4 (Residential, Single -Family - 4) Zoning District for +/-1.06-acres generally located at 1707 Behrens Rd, in Ft. Pierce - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. Following the public notice requirements, the public hearing was noticed in the Local Newspaper on May 25, 2023, a sign on the petition site, and mailed notices to 69 property owners within 500 ft. of the subject site. No responses have been received to date. The area consists of 1.06 acres located at 1707 Behrens Rd, Approximately 1702 Behrens Rd, and Approximately 4713 Avenue Q, Fort Pierce, FL 34947. The highlighted streets are Avenue Q to the north, Angle Road to the west, and Anglevilla Drive to the south. On January 10, 1989, the Board approved Resolution No. 89-09, granting an Amendment to the Official Zoning Atlas from the Residential, Single -Family - 4 Zoning District to the Institutional Zoning District. In addition, the County abandoned a portion of the Behrens Road right-of-way, now within the petition area. The rezoning would revert the property to the Residential, Single -Family - 4 Zoning District. The proposed rezoning is consistent with the Residential Future designation. The purpose of the request is to convert the properties back to a Residential Single -Family - 4 Zoning District. The current zoning designation of Institutional does not support single-family homes. The proposed Rezone Petition will conform to the minimum lot standards following the Land Development Code. 17 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM The Planning & Zoning Commission held a public hearing on May 18, 2023, and unanimously passed a motion to forward a recommendation of approval to the Board. This petition conforms to the Standards of Review as outlined in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve Resolution 2023-02, granting the amendment to the Official Zoning Atlas from I (Institutional) to the RS-4 (Residential, Single -Family - 4) Zoning District and authorizing 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. 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 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. SLC Airport APP Center - Conditional Use - Request for a Major Adjustment to a Conditional Use Permit associated with a Minor Site Plan to develop an 18,000 sq. ft. t-hanger complex and three 3,600 sq. ft. hangers with associated site improvements within the U (Utilities) Zoning District - THIS ITEM IS QUASI-JUDICIAL Erin Elizabeth Taylor, Planning & Development Services Associate Planner, presented this item to the Board. The applicants request a major adjustment to the existing Treasure Coast International Airport (TCIA) east of Curtis King Boulevard for conditional use. The proposed adjustment includes the development of an 18,000 sq. ft. t-hanger complex and three 3,600 sq. ft. hangers with associated site improvements. The public hearing was noticed with a sign on the petition site, and a Legal Ad in the local newspaper on May 25th, 2023, with mailed notices to owners of property within 500 ft. The site is located within the Utilities Zoning District and conforms to the minimum lot standards for the district and surrounding properties are located within the Utilities, Commercial General, and Industrial Light Zoning Districts. The Treasure Coast International Airport is an existing conditional use, as designated by the County land development code concerning the underlying zoning designation of utilities. The proposed facility design diverges from the adopted Airport Layout Plan and therefore is classified as an adjustment to the primary conditional use. The goals, policies, and objectives within the Transportation Element of the Comprehensive Plan embrace the establishment of the Airport Master Plan and cause the continued evaluation, updating where necessary, and implementation. The 2018 Airport Layout Plan proposed a 14-bay t-hanger structure and fuel facility at this location. The site is currently used as an active taxiway with seventeen hangers of various sizes with support for airplane and vehicular parking. The site is located on the east side of Curtis King Blvd., the primary entrance to the Airport, at 181Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM approximately 2916 Curtis King Blvd. The proposed major adjustment to an existing Conditional Use includes the construction of a new 18,000 sq. ft. t-hanger and three individual 3,600 sq. ft. hangers with landscaping and parking improvements. A Minor Site Plan has been filed for concurrent review. Staff recommended approval of the requested Major Adjustment to an existing Conditional Use permit subject to the following proposed conditions of approval as outlined in the staff report. Ryan McLean, MVB Engineering Project Manager, addressed the Board on behalf of the applicant regarding the hangars and the Major Adjustment. 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. a. motion was made to approve statt recommendations, and it passed unanimou RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. County Initiated Comprehensive Plan Future Land Use Map Amendment to Designate +/- 862.4 acres as CPUB (Conservation Public) Item presented in conjunction with 11.8.6. Thad Crowe, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Following the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on May 26, 2023, notices were mailed to adjacent property owners and a sign was posted at each preserve. The proposal is for an amendment to the Comprehensive Plan's Future Land Use Map from Agricultural Residential-5, 1du/5ac, Residential Suburban, 2du/ac, and Residential Urban, 5du/ac designations to the Conservation Public Future Land Use Designation for 12 parcels acquired in 2018 consisting of approximately 862.4 acres. All but one of the parcels is located within the Urban Service Boundary in the White City community and one parcel, is in the Cypress Creek Preservation Area. The conservation aims to provide an environment suitable for the protection, preservation, or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi -public surroundings. The CPUB designations minimize impacts on public infrastructure and neighboring property. The Cypress Creek Preserve is significant in its preservation and restoration of a large portion (783 acres) of hydric forest that protects wildlife habitat and benefits the southern Indian 19 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM River Lagoon and its estuaries. The proposed amendments to the Future Land Use Map further multiple Comprehensive Plan policies including natural resource protection, emphasizing areas vulnerable to development, and utilizing preserves for community health and eco-tourism benefits. Three of the North Fork St. Lucie River preserve encompasses 80 acres and represents major steps in protecting and enhancing the aquatic preserve and providing public trail access. Staff recommended the transmittal of proposed amendments to the future land use map to the State Planning Agency and other state and regional reviewing agencies. 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. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. County -Initiated Amendments to the Official Zoning Atlas (Rezoning) for Various St. Lucie County Preserves - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 11.B.5. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Thad Crowe, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Following the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on May 26, 2023, notices were mailed to adjacent property owners and a sign was posted at each preserve. The proposal is for an amendment to the Comprehensive Plan's Future Land Use Map from Agricultural Residential-5, 1du/5ac, Residential Suburban, 2du/ac, and Residential Urban, 5du/ac designations to the Conservation Public Future Land Use Designation for 12 parcels acquired in 2018 consisting of approximately 862.4 acres. All but one of the parcels is located within the 20 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM Urban Service Boundary in the White City community and one parcel, is in the Cypress Creek Preservation Area. The conservation aims to provide an environment suitable for the protection, preservation, or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi -public surroundings. The CPUB designations minimize impacts on public infrastructure and neighboring property. The Cypress Creek Preserve is significant in its preservation and restoration of a large portion (783 acres) of hydric forest that protects wildlife habitat and benefits the southern Indian River Lagoon and its estuaries. The proposed amendments to the Future Land Use Map further multiple Comprehensive Plan policies including natural resource protection, emphasizing areas vulnerable to development, and utilizing preserves for community health and eco-tourism benefits. Three of the North Fork St. Lucie River preserve encompasses 80 acres and represents major steps in protecting and enhancing the aquatic preserve and providing public trail access. The requested zoning amendments are concurrent with amendments to the Future Land Use Map of the Comprehensive Plan, also to the CPUB designation. Staff recommended approval to advertise the second (adoption) hearing of the proposed amendment to the Official Zoning Atlas with the adoption hearing of the corresponding Future Land Use Map to designate +/- 862.4 acres as CPUB (Conservation Public). 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. 4 motion was made to approve statt recommendations, and it passed unanimou RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 12. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution - St. Lucie Cinderella Transactions - Exchange of Taxable Bonds for Tax Exempt Bonds Item presented and voted upon in conjunction with 12.A.2. Daniel McIntyre, County Attorney, presented this item to the Board. The County previously issued two taxable bonds that contemplated the exchange of those bonds for tax-exempt bonds. In 2022, the County issued a Taxable Sales Tax Revenue Refunding Note, Series 2022A/Series 2023B, and in 2020 the Taxable Utility System Refunding Revenue Bond, Series 2020. The bonds were used as taxable bonds to save the 211 Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM County money. County staff has contemplated changing the bonds from taxable to tax-exempt bonds to lower the interest rate on the Cinderella Designation. The exchange from taxable to tax-exempt generated an additional $630,000 in savings on the sales tax revenue bond and $277,000 on the Utility System Refunding Revenue Bond. The total present value savings associated with the original refunding of the bonds and the exchange for tax-exempt bonds is $4.5 million. The County's Bond Counsel prepared Resolution 23-088/23-089. If approved, this would authorize the transmission of the two refunded bonds from taxable to tax-exempt. Staff recommended that the Board approve Resolutions 23-088 and authorize the Chair to sign subject to final review and approval of the County Attorney. 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 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Resolution - St. Lucie Cinderella Transactions - Exchange of Taxable Bonds for Tax Exempt Bonds Item presented and voted upon in conjunction with 12.A.1. Daniel McIntyre, County Attorney, presented this item to the Board. The County previously issued two taxable bonds that contemplated the exchange of those bonds for tax-exempt bonds. In 2022, the County issued a Taxable Sales Tax Revenue Refunding Note, Series 2022A/Series 2023B, and in 2020 the Taxable Utility System Refunding Revenue Bond, Series 2020. The bonds were used as taxable bonds to save the County money. County staff has contemplated changing the bonds from taxable to tax-exempt bonds to lower the interest rate on the Cinderella Designation. The exchange from taxable to tax- exempt generated an additional $630,000 in savings on the sales tax revenue bond and $277,000 on the Utility System Refunding Revenue Bond. The total present value savings associated with the original refunding of the bonds and the exchange for tax-exempt bonds is $4.5 million. The County's Bond Counsel prepared Resolution 23-088/23-089. If approved, this would authorize the transmission of the two refunded bonds from taxable to tax-exempt. Staff recommended that the Board approve Resolution 23-089 and authorize the Chair to sign subject to final review and approval of the County Attorney. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. 22 1 P a g BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM 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 EXCUSED: None B. ENVIRONMENTAL RESOURCES 1. Michael Stankoski is Requesting a Category I Wetland Waiver to Construct a Single-family Residence at 1311 White Oaks Ln, Fort Pierce - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 12.8.2. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff and Michael Stankoski. Commissioner Linda Bartz - Spoke with staff only. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff only. Brian Arbeiter, Environmental Resources Senior Planner, presented this item to the Board. The applicant is seeking approval for a Wetland Waiver request to impact a Category I wetland buffer. Category I wetlands are hydrologically connected to a natural surface water body, are 20 acres or larger, or contain Strategic Habitat Conservation Areas. The proposal is to construct a 2,950 SF single-family residential structure, with a covered patio, and associated improvements. The property is located at 1311 White Oak Ln in Fort Pierce on the west side of White Oak Lane and directly abuts Citrus Hammock Preserve to the south and is zoned Residential Single Family (RS-3). The subject parcel contains one (1) jurisdictional wetland measuring approximately 0.17 acres. Brazilian pepper, scattered cabbage palms, and red maples dominate the parcel. The Florida Department of Environmental Protection approved the proposed site plan for a single-family residence on May 8, 2022. Per Comprehensive Plan Policy, the Board may grant a wetland waiver to impact a Category I wetland or its associated buffer when no other reasonable alternative exists, and avoidance and minimization of impacts cannot otherwise be achieved. Staff reviewed the subject waiver request and made the following determinations: • The strict criteria for granting a Category I wetland waiver detailed in the Comprehensive Plan Policy 6.1.14.3, requires avoidance and minimization of impacts to the greatest extent feasible while still allowing reasonable use of the property. • Approximately 24% of the wetland's buffer is proposed to be impacted, and no direct impacts to the wetland are proposed. • The applicant substantially revised the initial site plan to provide additional avoidance and minimization efforts. • Efforts to avoid and minimize wetland impact include shifting the septic system further north out of 231Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM the wetland buffer, shifting the entire house north to the minimum allowable front yard setback, removing a retaining wall from the site plan that was previously proposed adjacent to the wetland, and proposing a patio and backyard of modest square footage. Staff recommended the Board adopt Resolution 2023-80, approving the Wetland Waiver Category 1 for a single-family residence subject to the conditions as outlined in the resolution. The Board did not have any questions or comments on this item. A motion was mace to approve starr recommencations, anc it passes unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Resolution - Accepting a Conservation Easement and Preserve Area Management and Monitoring Plan from Michael Stankoski - Parcel ID 3409-803-0005-000-4 - ITEM MOVED FROM 10.13.12. This item was moved from the Consent Agenda item 10.8.12. Item presented in conjunction with 12.B.1. JoAnn Riley, Property Acquisition Manager, presented this item to the Board. This item was presented in conjunction with 10.B.12. The applicant submitted a proposal to construct a single-family residence on his property located at 1311 White Oak Lane. The subject property may be developed subject to complying with all applicable Land Development Code requirements, including environmental resource protection provisions. The Environmental Resources Department has determined a Conservation Easement is needed to be dedicated to the County over a portion of the property. This Conservation Easement is contingent on the approval of a Category I Wetland Waiver. Staff recommended the Board accept the Conservation Easement and Preserve Area Management and Monitoring Plan from Mr. Stankoski, subject to the Board approving Agenda Request 12.B.1 for a Category I Wetland Waiver, and receipt of a Release of Mortgage from MidFlorida Credit Union, authorize the Chair to sign the resolution and direct staff to record the documents 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 4 Jamie Fowler 24 1 BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None C. PUBLIC UTILITIES 1. Florida Department of Environmental Protection (FDEP) Grant Agreement WG020 - North Hutchinson Island Septic to Sewer - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Rebecca Olson, Interim Director of Public Utilities, presented this item to the Board. The State of Florida Department of Environmental Protection (FDEP) has awarded St. Lucie County a matching grant agreement WG020 in the amount of $5,750,000.00 for the construction of the North Hutchinson Island Septic to Sewer Project. The grant is to enhance water quality in the Indian River Lagoon. The project is to provide sewer infrastructure on North Hutchinson Island to provide the owners of residential properties on septic systems in Coral Cove, Coastal Cove/Jackson Way, Ft. Pierce Shores' and Queens Cove the opportunity to convert from septic systems and connect to the District's central sewer system. Staff recommended Board approval of the grant agreement WG020 between St. Lucie County and FDEP in the amount of $5,750,000.00 for the North Hutchinson Island Septic to Sewer Project and authorize the Chair to sign documents as approved by the County Attorney. 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 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 13. ANNOUNCEMENTS A. Please join us for the Juneteenth Community Celebration on June 10, 2023, from 12 pm - 6 pm at the Lawnwood Reginal Park located at 1805 Quincy Ave, Fort Pierce. For more information, please contact the Parks and Recreation Department at 772-462-1844. B. The Board of County Commissioners will hold a Special Meeting to discuss Mobility Fees in relation to the County's current Road Impact Fees on Tuesday, June 20, 2023, beginning at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 251Page BOCC Regular Meeting Tuesday, June 6, 2023 6:00 PM C. The Board of County Commissioners will hold Budget Workshops on the following dates at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. Wednesday, July 5, 2023, at 1 pm Thursday, July 6, 2023, at 9 am Friday, July 7, 2023, at 9 am Monday, July 10, 2023, at 9 am Tuesday, July 11, 2023, at 9 am Wednesday, July 12, 2023, at 9 am D. The Board of County Commissioners will hold an Informal meeting on Tuesday, July 11, 2023, at 1 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 11, 2023, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 14. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 8:17 PM. Please note: Final minutes are recorded in the official minutes books filed with the Clerk of the Circuit Court and available for inspection upon request. 261Page