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HomeMy WebLinkAboutMinutes 07.11.2023BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting July 11, 2023 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Cathy Townsend, District No. 5. Convened: 6:00 PM Adjourned: 8:14 PM 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 Katherine Barbieri, Assistant County Attorney III JoAnn Riley, Property Acquisition Manager Grant Chambers, Planning & Development Services Senior Project Engineer James Glover, Planning & Development Services Compliance Specialist Erin Elizabeth Taylor, Planning & Development Services Associate Planner Kori Benton, Planning & Development Services Planning Manager Benjamin Balcer, Planning & Dev. Services Director Patrick Dayan, Public Works Director Daniel Zrallack, County Engineer Ciara Forbes, Assistant County Attorney II Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECESS FOR SPECIAL DISTRICT MEETINGS There were no items scheduled. S. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed unanimously. RESULT: APPROVE IMOVER: Commissioner District 4 Jamie Fowler I I SECONDER: Commissioner District 3 Linda Bartz I IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I I NAYS: None I 1 EXCUSED: None 6. PRESENTATIONS A.Treasure Coast Disc Golf Club - ADD ON Eric Gill, Communications Director, and a member of the Treasure Coast Disc -Golf Club, presented to the Board information regarding St. Lucie County Libraries providing check-out access to Disc -Golf Backpacks for any resident that would like to get into the sport. The club received a donation of 12 Disc -Golf backpacks from Gripped in Kansas City for County libraries. There will be two (2) backpacks with six (6) discs in each at each St. Lucie County Library. He advised there would be a QR scan code on each backpack that shows all local courses on the Treasure Coast and St. Lucie County as well as the companies who have donated in addition to Gripped. B. Small Business Assistance Program Terissa Aronson of the St. Lucie County Chamber of Commerce presented to the Board updated information regarding the Small Business Assistance Program. In the first year of the program, it has allowed the capture of the small businesses coming into St. Lucie County, including a comedy club, and a luxury jet -ski business. She advised some of the local small businesses to work in the Seven Gables House on the waterfront of historic downtown Fort Pierce, which is run as a tourism information center. "The Small Business Assistance Program of St. Lucie County Chamber of Commerce helps businesses navigate the regulatory process. To minimize cost, risk, and time delays when a local business seeks to purchase, build, expand, relocate, or repurpose commercial space. The program provides free assistance and serves as a clearing agent with information, resources, and referrals to prevent duplication of services. One program they are specific to is commercial space to assist with zoning and proper locations for businesses. The chamber has had contact with over 150 potential and current business owners since the inception of this program in 2022. Since January 2023, the Small Business Assistance Program has had contact with 51 individual end users for services. The program has a permanent location at 2580 Rhode Island Ave, Fort Pierce, FL 34947, and has had 4 walk-ins in a week seeking assistance with a goal of 12 per month. The types of business inquiries include dump truck services, smoke shops, plant retailers, hair braiding, cycle boats, car dealers, welding, lawn care, cafe, gun shop, pressure washing, plant sales, product lines, luxury jet skis, and just about everything. The Small Business Assistance Program assists with inquiries regarding licensing, allowable uses, locations, advertising, tax receipt requirements, business plans, marketing plans, permitting, build -out 2 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM recommendations, lots of funding questions, and many times questions on current issues with the process because they weren't contacted first. The Small Business Assistance Program helps applicants complete their business tax receipt forms and receive referrals from many different departments and the local government. This has proven to be the best point at which to eliminate common errors that can waylay a project. Getting to these contacts before any formal regulatory applications have been made is still proving to be the most effective method for streamlining the process. For more information regarding the program visit: https://stluciechamber.org/ C. Sunshine Laundry & WPSL Christmas Kids Check Presentation Joyania Hawthorne, Parks & Recreation Deputy Director, accepted donations on behalf of the County from two long-time aquatic partners, Sunshine Laundry and WPSL Christmas Kids. The donations will allow children in St. Lucie County to participate in swim lessons at a greatly reduced cost. According to the CDC, drowning is one of the number one leading causes of unintentional deaths in children under the age of 18. In the United States, for every drowning death, multiple non -fatal drowning incidents result in injury, lifelong disabilities, and sometimes death. Statistics show that participation in formal swim lessons can reduce the risk of drowning among children and young adults. St. Lucie County Aquatics strives to make every resident safer around and in the water by providing opportunities for affordable swim lessons. Carol Wyatt, on behalf of WPSL Christmas Kids, presented a check donation of $8,125 for 125 kids who will be given a chance to participate in swim lessons, and Tom Rhodes, on behalf of Sunshine Laundry, presented a check donation of $2,500 allowing 50 kids to participate in swim lessons. Thanks to the long-time aquatic partners for the donations. 7. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Donna Buttafuoco addressed the Board regarding the closure of Arcades in St. Lucie County. With no one else wishing to address the Board, Chair Townsend closed public comment. 8. PROCLAMATIONS APPROVAL A. Resolution No. 23-093 - Proclaiming July 15 - 23, 2023 as Treasure Coast Waterway Cleanup 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 Vice -President of the Marine Industries Association & General Manager of Derecktor Ft. Pierce Robert Mac Keen, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet 31 BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 9. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. I RESULT: APPROVE I 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 I EXCUSED: None I A. Board of County Commissioners minutes for the BOCC Regular Meeting of June 6, 2023. B. Board of County Commissioners minutes for the BOCC Special Informal Meeting of June 20, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, 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 I EXCUSED: None I A. WARRANTS 1. Warrant Lists 35 - 38 Adopted by Consent Vote B. ADMINISTRATION 1. Appointment to the Citizens Budget Development Committee Staff recommended that the Board ratify Commissioner Leet's appointment of Jennifer Love to the Citizens Budget Development Committee. Adopted by Consent Vote 2. Appointment to the Public Safety Coordinating Council 4 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Staff recommended that the Board ratify Commissioner Townsend's appointment of Barbara Faulkner to the Public Safety Coordinating Council. Adopted by Consent Vote 3. Senior Management Service Class Options Update - ITEM AMENDED PRIOR TO MEETING Staff recommended the Board approve the alternative deferred compensation benefit for the additional eligible leadership positions and authorize the Chair to sign the associated resolution and authorize staff to work with TIAA-CREF Financial Services on associated changes needed to the 457(b) plan documents and authorization for the Chair to sign plan documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Resolution No. 2023-061 - Solid Waste Preliminary Assessment Resolution Staff recommended that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chair to sign the resolution. Adopted by Consent Vote Permission to Advertise - Ordinance Relating to St. Lucie County Code, Area of Enforcement, Chapter 50 Water Services to establish Idle Speed No Wake Boating Safety Zones within 500 feet of Public Boat Ramps Around the River Park Marina to be able to Install New Docks with a Floating Dock Staff recommended the Board grant permission to advertise the proposed ordinance for a public hearing before the Board on August 01, 2023, at 6 pm or as soon thereafter as may be heard. Adopted by Consent Vote Item pulled for a separate comment 3. Revocable License Agreement - 116 E Aldea Street - River Park - Unit 3 - Barbara Howe and Melissa Halberg - Parcel ID 3419-515-0241-000-7 Ms. Howe and Ms. Halberg are requesting a Revocable License Agreement to install a 6' wood fence along the northwest side of the property, a gate along the southwest side of the property, and a fence with gate along the northeast side of the property, within the County's 6' Drainage/Utility Easement per the Restrictive Covenants recorded in Deed Book 226, Page 181. 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. 5 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Howe and Ms. Halberg pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Mutual Termination of July 27, 2021, Lease Agreement with the State of Florida Department of Health Staff recommended that the Board approve the mutual termination of the July 27, 2021 lease agreement effective June 30, 2023, and authorize the Chair to sign the mutual termination. Adopted by Consent Vote 5. Revocable License Agreement - Casa Caprona Owners Association, Inc. - 2605 St. Lucie Boulevard - Parcel ID 1428-702-0832-000-3 Casa Caprona Owners Association, Inc. has requested a Revocable License Agreement to be allowed to park in the right-of-way of Harson Way, Jefferson Parkway, and Daytona Circle. Casa Caprona Owners Association desires to have "resident parking" in the grassed area on the east side of Harson Way and in the grassed area on the west side of Jefferson Parkway. Additionally, Casa Caprona Owners Association desires to have "guest parking" on the south side of the right-of-way of Daytona Circle. Casa Caprona Owners Association understands if the County Engineer determines the parking spaces are causing a problem, the cars will need to be removed and the grass repaired or replaced at Casa Caprona Owners Association 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 Casa Caprona Owners Association, Inc. pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. After the Fact Revocable License Agreement - 586 Beach Ave - River Park Unit 2 - Gregory Blomberg - Parcel ID 3419-540-0234-000-0 Mr. Blomberg has requested an "After the Fact" Revocable License Agreement to keep his 6' wood fence and gates along the east and west sides of the property and install a 4' aluminum fence along the east side of the property, all within the County's 6' Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed Book 224, Page 453. 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. 6 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Staff recommended the Board approve the "after the fact" revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Blomberg pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Revocable License Agreement - 202 SE Selva Court - River Park - Unit 6 - Dyna Joseph - Parcel ID 3419- 545-0101-000-7 Ms. Joseph has requested a Revocable License Agreement to install a 6' wood fence with a gate along the sides of the 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 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 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. Joseph pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Resolution - Right -of -Way Donation - 10' of Right -of -Way on Tumblin Kling Road - Jetson Investments, Inc.- Parcel ID 2434-314-0003-000-4 On February 22, 2022, the City of Fort Pierce Planning Department granted Site Plan approval for an additional one-story building as part of the Jetson TV & Appliances expansion project. A condition of approval required Jetson Investments, Inc. convey to St. Lucie County 10' of right-of-way along their entire frontage on Tumblin Kling Road. The executed warranty deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from Jetson Investments, Inc., contingent upon receiving the partial release of mortgage from Seacoast National Bank and a release from the unity of title from the City of Fort Pierce, 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. Revocable License Agreement - 5500 Paleo Pines Circle - Holiday Pines Subdivision Phase I - Sandra Sirmans - Parcel ID 1312-500-0049-000-1 7 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Ms. Sirmans has requested a Revocable License Agreement to install a 6' wood fence with gates along the northeast side of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 18, Page 16. She 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 her 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 Ms. Sirmans pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 10. Revocable License Agreement - 614 Beach Avenue - River Park - Unit 2 - Michael Lunsford and Sarah Ervin - Parcel ID 3419-510-0113-000-6 Mr. Lunsford and Ms. Ervin have requested a Revocable License Agreement to install a 6' wood fence with gates along the sides and rear of the 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 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 Mr. Lunsford and Ms. Ervin pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. Revocable License Agreement - 159 SE Lucero Drive - River Park - Unit 5 - Lufaite Michel and Sadrack Michel - Parcel ID 3419-540-0355-000-7 Lufaite and Sadrack Michel are requesting a Revocable License Agreement to install a 6' vinyl fence along the east and west sides of the property, within the County's 6' Drainage/Utility Easement and a 6' vinyl fence along the north side of the property, within the County's 10' Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed Book 247, Page 37. They understand 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 their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. 8 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Lufaite and Sadrack Michel pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 12. Resolution No. 2023-102 - Amendment to Resolution No. 2023-063 Relating to the Local Technology Planning Team Staff recommended that the Board adopt Resolution No. 2023-102 and authorize the Chair to sign the resolution. Adopted by Consent Vote 13. Permission to Advertise - Ordinance Amending the St. Lucie County Code and Compiled Laws by Amending Article III, "Art In Public Places" Section 32-60 Definitions"; "Section 32-61 "Art In Public Places Program"; and Section 32-62 "Art In Public Places Trust Fund" - ITEM AMENDED PRIOR TO MEETINU Staff recommended the Board grant permission to advertise the proposed ordinance for a public hearing before the Board on September 5, 2023, at 6:00 pm or as soon thereafter as may be heard. Adopted by Consent Vote 14. Fort Pierce FBO, LLC - Third Amendment to the October 10, 2000, Amended & Restated Lease Agreement Staff recommended the Board approve the proposed third amendment to the amended and restated lease agreement with Fort Pierce FBO, LLC, and authorize the Chair to sign the third amendment. Adopted by Consent Vote 15. Revocable License Agreement - 5604 Paleo Pines Circle - Holiday Pines Subdivision - Phase I - Richard Reiff and Kathleen S. Reiff - Parcel ID 1312-500-0040-000-8 Mr. and Mrs. Reiff are requesting a Revocable License Agreement to install a 6' PVC fence with a gate along the northeast side of the property, within the County's 10' Drainage/Utility Easement, extending into the 7.5' utility easement on the southeast side, per the Plat recorded in Plat Book 18, Page 16. 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, 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 Ms. and Mrs. Reiff pay to record the agreement in the public records of St. 9 1 P a g e BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Lucie County, Florida. Adopted by Consent Vote 16. Resolution - North Hutchinson Island Septic to Sewer Project - Perpetual Utility Easement - Clifford and Ariel MacTavish - Parcel ID 1423-120-0026-000-9 St. Lucie County Utilities is currently working to bring central sewer services to the remaining subdivisions on North Hutchinson Island. During the design of the septic -to -sewer project, it was determined that a Perpetual Utility Easement was needed from Mr. and Mrs. MacTavish's property. The Perpetual Utility Easement is needed to supply the MacTavish's and the residents located to the north with a sewer line. Mr. and Mrs. MacTavish have agreed to donate the Easement to St. Lucie County. Attached for your review and acceptance is the Perpetual Utility Easement from Mr. and Mrs. MacTavish. Staff recommended the Board accept the Perpetual Utility Easement from Mr. and Mrs. MacTavish, authorize the Chair to sign the resolution and record the documents in the public record of St. Lucie County, Florida. Adopted by Consent Vote 17. After the Fact Revocable License Agreement - 5003 Green Dolphin Street - Lakewood Park Unit No - Sean S. Baker - Parcel ID 1301-601-0062-000-4 Mr. Baker has requested an "After the Fact" Revocable License Agreement to keep his 6' vinyl fence with a gate along the south side of the property that encroaches approximately 3' within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 10, Page 51. He understands 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 his expense. 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. Baker pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 18. Resolution No. 2023-111 - Renaming Rights -of -Way on the Site Plan of Savannas Ridge, formerly known as Pleasure Cove Plantation Manor - Parcel ID 2422-344-0001-000-6 Staff recommended the Board approve the renaming of Sunshine Avenue, Leisure Lane, Serendipity Avenue, Lazy Lane, and Pleasure Avenue, and release of Carefree Lane, authorize the Chair to sign the 101 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM 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 19. Resolution - Accepting a Conservation Easement and Preserve Area Management and Monitoring Plan from MidFlorida Credit Union - Parcel ID 3414-501-1810-900-5 On May 9, 2023, the Planning and Development Services Director approved PDS Order 2023-028 granting a Major Adjustment to a Minor Site Plan for a project known as MidFlorida Credit Union. A condition of approval required MidFlorida Credit Union to dedicate a Conservation Easement over all the onsite wetlands, along with an approved Preserve Area Monitoring and Management Plan (PAMMP) to St. Lucie County. Attached for review and acceptance is the Conservation Easement, sketch and legal description, and the Preserve Area Management and Monitoring Plan which has been reviewed and approved by the Environmental Resources Department and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Preserve Area Management and Monitoring Plan 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. Adopted by Consent Vote D. COMMUNITY SERVICES 1. Continuum of Care Grant Agreement FL0310L4H092214 - Veterans, Individuals and Families This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing to homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental subsidies to approximately 15 chronically homeless individuals and families from August 01, 2023, to July 31, 2024. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0310L4H092214) in the amount of $191,400.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Continuum of Care Grant Agreement FL0397L4H092212 - Chronically Homeless This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing for chronically homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental 11 1 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM subsidies to approximately 16 chronically homeless individuals and families from August 01, 2023 to July 31, 2024. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0397L4HO92212) in the amount of $189,504.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Continuum of Care Grant Agreement FL0419L4HO92207 - New - Chronically Homeless Individuals and Families This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing for chronically homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental subsidies to approximately 9 chronically homeless individuals and families from August 01, 2023 to July 31, 2024. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0419L4HO92207) in the amount of $113,424.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement with Ms. Castle for Bluefield Ranch Preserve Staff recommended Board approval of work camper agreement with Alicia Castle and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 23-027, Professional Engineering Services — Waste to Energy Consulting - ATTACHMENT AMENDED Staff recommended Board approval of the short-listed firm for RFQ No. 23-027 and permission to: • Conduct contract negotiations with highest ranked firm, Arcadis, U.S., Inc. • If negotiations are successful, award contract to the highest -ranked proposer and authorization for the Chair to sign the documents as prepared by the County Attorney. • If negotiations are unsuccessful with the highest ranked firm, negotations would then be terminated with that firm and staff would start negotiations with the second highest ranked firm. Adopted by Consent Vote 121 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM 2. Request for Qualification (RFQ) No. 23-029, Professional Engineering Services for the Development and Design of a Fuel Tank Expansion Project Staff recommended Board approval to conduct contract negotiations with C&S Engineers, Inc., the sole proposer for RFQ No. 23-029, Professional Engineering Services for the Development and Design of a Fuel Tank Expansion Project. If negotiations are successful, award contract and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote G. PARKS & RECREATION 1. Sunshine Laundry Donation Acceptance in the Amount of $2,500.00 Staff recommended Board acceptance of the Sunshine Laundry donation in the amount of $2,500.00 as outlined in the agenda memorandum and authorize the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 2. WPSL Christmas Kids of St. Lucie County Donation Acceptance of $8,125.00 Staff recommended Board acceptance of the WPSL Christmas Kids donation in the amount of $8,125.00 to be utilized to provide American Red Cross Water Safety Lessons at St. Lucie County Aquatic Facilities as outlined in the 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 (Additional Utility Locate) 5th Amendment to Work Authorization No. 3 Under Contract C14-09-393 - $2,900.00 Staff recommended Board approval of the 5th Amendment to Work Authorization No. 03, for the additional funding in the amount of $2,900.00 for the changes, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC SAFETY 1. Emergency Management Preparedness and Assistance (EMPA) Grant Staff recommended Board acceptance of the State -Funded Agreement, EMPA, in the amount of $105,806.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 131 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM 2. Federally -Funded Subaward and Grant Agreement - DR4680 - Hurricane Nicole Staff recommended Board acceptance of the federally -funded sub -award and grant agreement and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Amendment of the Central Square Software Maintenance Agreement for Public Safety Software (CAD) - ADD ON Staff recommended the approval of the Central Square Technologies LLC Amendment to contract C11- 06-180 for a software maintenance agreement for the Computer Aided Dispatch, Report Management System, and Mobile Computer Terminal / Mobile Field Reporting (CAD, RMS, & MCT/MFR) system to support 911 Communications Center, Fire District, and the three (3) law enforcement agencies and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote I. PUBLIC UTILITIES 1. Contract Amendment - Citybase Online Payments Staff recommended Board approval of the Citybase contract amendment for online payments and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Award Bid No.23-039 - Lakewood Park Seminole Road Water Main Extension Construction Contract Staff recommended approval to award Bid No. 23-039 to Underground Construction Management, Inc. of Stuart, Florida, in the amount of $622,440.50 contingent upon approval of their bid package by the County Attorney, and authorization of the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 3. Award Bid No. 23-040 North Hutchinson Island Septic to Sewer Construction Contract Staff recommended approval to award Bid No. 23-040 to Meeks Plumbing, Inc. of Vero Beach, Florida, in the amount of $99,979.00 contingent upon approval of their bid package by the County Attorney, and authorization of the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote J. PUBLIC WORKS Birch Drive at Savannah Street Emergency Culvert Repair / Construction Contracts Award — After the 141 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Fact Approval Staff recommended Board after -the -fact approval of Emergency Contract # C23-05-367 with Johnson - Davis, Inc. for the replacement of the culvert in the amount of $134,101.00, and Work Authorization #12 under contract C21-11-883 with Andersen Andre Consulting Engineers, Inc. for field testing services in the amount of $5,925.00, and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 2. Waterstone Subdivision Improvements - Final Acceptance and Release of Security Staff recommended Board approval of the final site improvements and release of the outstanding surety in the amount of $177,144.28 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. 7 Eleven - Edwards Road Improvements Final Acceptance and Release of Security Staff recommended Board approval of the final offsite improvements and release of the surety in the amount of $22,725.04. Adopted by Consent Vote 4. SR-713 / Kings Highway from North of Interstate 95 to North of Commercial Circle (Item/Segment Number FPID 438379-4-52-01 & 438379-5-52-01) Staff recommended the Board approve a resolution accepting the Florida Department of Transportation right-of-way acquisition memorandum of agreement for reconstruction of SR-713 / Kings Highway from North of Interstate 95 to North of Commercial Circle (Item/Segment Number FDIP: 438379-4-52-01 & 438379-5-52-01) and authorizing the Chair to execute the resolution and agreement and further authorize the County Attorney to execute the resolution and agreement by approving it as to form and correctness. Adopted by Consent Vote 5. SR-713 / Kings Highway from North of Commercial Circle to North of St. Lucie Boulevard (Item/Segment Number FDIP: 438379-2-52-01) Staff recommended the Board approve a resolution accepting the Florida Department of Transportation right of way acquisition memorandum of agreement for reconstruction of SR-713 / Kings Highway from North of Commercial Circle to North of St. Lucie Boulevard (Item/Segment Number FDIP: 438379-2-52-01) and authorizing the Chair to execute the resolution and agreement and further authorizing the County Attorney to execute the resolution and agreement by approving it as to form and correctness. 151 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Adopted by Consent Vote 6. Noble Oaks Subdivision Improvements Final Acceptance - Release of Security Staff recommended Board approval of the final site improvements and release of escrow funds in the amount of $81,040.84 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote K. TRANSIT 1. Authorization Resolution - Florida Commission for the Transportation Disadvantaged (FCTD) State Fiscal Year (SFY23/24) Trip and Equipment Grant - The FCTD annually allocates funds to Community Transportation Coordinators (CTCs) for non - sponsored transportation -disadvantaged trips. Non -sponsored refers to those trips that are not paid for by another source, such as Medicaid. The total project cost for SFY 23/24 is $754,732.00. This amount is comprised of the state's allocation of $679,196.00 with a 10% local match of $75,466.00 from transit's MSTU reserves (130-9910-599332- 910000), and the state voluntary dollar contribution amount of $63.00, which also requires a 10% local match consisting of $7.00, for a total of $70.00 in state voluntary dollar allocations, also matched from transit's MSTU reserves. Staff recommended Board acceptance of the state fiscal year 23/24 Trip and Equipment Grant and authorization for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 11. PUBLIC HEARINGS /_X419l1I,11yWell%a01.111IWA 1. Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish an unsafe structure at 2883 Coolidge Road, Fort Pierce, FL 34945, St. Lucie County, Florida. Katherine Barbieri, Assistant County Attorney, presented this item to the Board. Staff requested permission from the Board to order the demolition of the unsafe structure at 2883 Coolidge Road, Fort Pierce, FL 34945, owned by Gary W. Losko and Mary C. Losko since 1987. Under the provisions of the St. Lucie County Code, the property was inspected by the Building Official on January 26, 2023. It was determined that the building was damaged and deteriorated to the extent that the cost of restoration or repair will exceed fifty (50) percent of the value after restoration or repair. The building is manifestly unsafe and unsanitary for use as a single-family dwelling. The building in its current condition constitutes a public nuisance and no improvements have been made. Upon bringing the item to the Board for permission for the public hearing, no contact was made and no permits had been pulled. The current 161 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM owners hired a contractor and they applied for a permit recently but it has not been issued due to some minor details that need to be completed. All interested parties have been notified as required by the St. Lucie County Code and an ad notification was placed in the local newspaper for four (4) consecutive weeks for anyone of interest in the property. Staff recommended that the Board give an order to the Code Enforcement Department to proceed with the lowest responsive bidder to demolish the structure and clean the property of all junk, trash, and debris, and assess the entire cost of such demolition against the real property, which shall constitute a lien payable to St. Lucie County, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws. Staff advised with the Board's decision of the order there will be a 30-day appeal period on any order. This would provide the owners time to proceed with their contractor and the property can not be demolished twice. Commissioner Dzadovsky questioned, due to the overgrowth, if the property had a pool. Staff advised the property had no known pool. 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 further 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 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 1 EXCUSED: None Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish an unsafe structure at 7806 Banyan Street, Fort Pierce, FL 34951, St. Lucie County, Florida. Katherine Barbieri, Assistant County Attorney, presented this item to the Board. Staff presented a proposed order for the demolition of the unsafe structure located in Lakewood Park at 7806 Banyan Street. It is believed that the current owner, Linda S. Hamilton, owned the property since 2012 and has been deceased since 2014. Taxes are due on the property and have not been paid since 2013. The neighboring property, 7808 Banyan Street, with the same owner, Linda S. Hamilton, was sold at the County Tax Deed Sale. On January 26, 2023, the Building Official inspected the property and determined the building was damaged, and deteriorated to an extent that the cost of restoration or repair will exceed fifty (50) percent of the value thereof after restoration or repair. The building is manifestly unsafe and unsanitary for use as a single-family dwelling and its current condition constitutes a public nuisance. On February 7, 2023, the Board declared the building to be unsafe and constituting a public nuisance. All interested parties have been notified of the public hearing and an ad was 171 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM placed in a local newspaper for four (4) consecutive weeks. Staff recommended that the Board order the Code Enforcement Department permission to proceed with the lowest responsive bidder to demolish the structure and clean the property of all junk, trash, and debris, and assess the entire cost of such demolition against the real property. Staff mentioned that they believed the previous owner to be deceased, and were unable to locate any probate state or anything that would pass the title of the property. The Tax Collectors' office was contacted regarding the outstanding taxes and was advised to redeem the property the amount would exceed a little over $30,000. Commissioner Dzadovsky questioned the amount of time the case of the property has been ongoing and the efforts to contact the owner. Ms. Barbieri advised the property had been in that condition for at least five (5) years, and January 2023 is when the Building Official first went to the property and issued the first letter and received Board approval in February. The staff has been working on contact since then. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Randy Hamilton • Renata Halimton With no one else wishing to address the Board, Chair Townsend closed the public hearing. Randy Hamilton, the brother-in-law to the deceased owner, addressed the Board regarding the property and advised he would like to acquire the property and was willing to pay the taxes owed but unsure of the process. He said he had gotten an estimate of the roof removal/replacement and is unsure of how to proceed because there is no one to claim the property with his brother, his wife, and his kids being all deceased. Commissioner Dzadovsky questioned if there was a will, an open probate case regarding the property, or any written letter that states Mr. Hamilton has control of the property. Mr. Hamilton advised he was not unaware of anything. He advised he attempted the purchase the property at the County Tax Deed Sale but it was canceled and the money was returned. He and his wife were advised by an attorney they would not have the legal right to the property being that his brother passed before his wife. Ms. Barbieri commented and advised staff did inquire with the Tax Collector regarding the issue and was told the Tax Deed process could take approximately 6-12 months. The file may then be sent to the Clerk of Court in September/October to schedule a sale date. The sale date will be scheduled for approximately 2 months after. At this point, it would be several months before the Tax Deed Sale could occur and then the property would go to the highest bidder and the relationship with the property would not matter. The redemption amount at this time is $30,392.11. Commissioner Dzadovsky questioned the time frame between the Board's approval to move forward with the condemnation and the time Mr. Hamilton would have to locate a will or documentation providing rights to the property. Ms. Barbieri advised no action will be taken until the 30-day appeal period has passed. If the proper appeal is filed, the process will be on hold while being litigated. When the proof of ownership or title is provided, and shows proof of repair, the item can be brought back to the Board. 181 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM The Board continued to discuss the proof of ownership, probate through the state, the time frame of the process, attorney representation, extension of the 30-day appeal process, and appeal process to the Tax Collector, Tax Deed sale, and the demolition order. Commissioner Dzadvosky commented and advised the Board to provide Mr. Hamilton and interested parties with several options and given the state of the property and staff's recommendation. Commissioner Dzadovsky made a motion to approve staff recommendations and mentioned Mr. Hamilton and interested individuals will have an opportunity to seek legal counsel to get direct guidance. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky I SECONDER: Commissioner District 2 Larry Leet I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler I NAYS: None I EXCUSED: None 3. Resolution No. 2023-096 - Public Hearing - Abandonment of Avenue M JoAnn Riley, Property Acquisition Manager, presented this item to the Board for the public interest in the abandonment of Avenue M. 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 May 16, 2023, the Board approved permission to advertise a public hearing on June 6, 2023, at 6:00 p.m. or as soon thereafter. A continuance was requested due to the staff's need to coordinate with the City of Fort Pierce attorney for more information. On June 21, 2023, County staff received an email from the City attorney stating that all of the documentation for the closing and transfer of the rights -of -way had been placed on the July 17, 2023, City Commission meeting agenda. The County is unable to abandon the public's interest in Avenue M without the ownership being conveyed from the City of Fort Pierce. Staff recommended the Board continue the Public Hearing until August 1, 2023, at 6:00 p.m. 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 staff recommendations, and it passed unanimously. RESULT: CONTINUE 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 191 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM I EXCUSED: None I B. PLANNING & DEVELOPMENT SERVICES 1. Pineapple & Kelly - Road Paving Waiver James Glover, Planning Compliance Specialist, and Grant Chambers, Senior Project Engineer, of Planning & Development Services, presented to the Board the request of BLC Land LLC, for a road paving waiver for a 195.52-acre parcel of land located at 18051 Pineapple Lane north of Kelly Road, approximately 1,305 feet west of South Header Canal Road. Under 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 June 28, 2023, and notices were mailed to adjacent property owners located within 500 feet. A response was received from one property owner who requested the County take into consideration the possibility of charging an in Lieu of Fee utilizing a deferred improvement agreement, or if approved, future owners may be advised of their responsibility to pay their fair share. The applicant has submitted a preliminary site plan proposing to subdivide the property into 7 parcels, ranging from 16 to 77 acres in size. The proposed site plan provides individual driveway access to each of the lots from Pineapple Lane and Kelly Road. Pineapple Lane is an unimproved County -owned and maintained roadway with approximately 13-15 feet in width of unimproved shoulders. Kelly Road is also a County -owned unimproved and unmaintained roadway with approximately 15-18 feet in width of unimproved shoulders. County standards require a minimum of 11-foot- wide travel lane in each direction, with 5-foot stabilized or paved shoulders. The Land Development Code requires access to new developments, whether public or private, to be paved under County specifications. Also, developments determined to be small traffic generators defined as less than 100 daily trips may request a paving waiver from the Board. The applicant is requesting a waiver from the paving requirements, as well as the proportionate fair share requirements, under the Land Development Code. If each lot is developed as a single-family residential home. The proposed site plan would be considered a small traffic generator, with less than 100 vehicular trips being generated per day. The section allows the Board to waive the paving requirements for small traffic generators following a public hearing if the Board determines: 1. The road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2. The road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 3. The access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. The options for granting the waiver allow the Board to attach conditions as deemed necessary to minimize the impact of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved road providing access to the development. The fair share contribution for the subject property's road frontage to the closest paved road, which is South Header Canal Road, is $952,342.85 for Pineapple Lane and $263,686.91 for Kelly Road. As identified under the provisions in criteria #1 outlined in 7.05.07(B)(2)(a), Paving is not essential to provide adequate access 201 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM and does not apply to this proposed subdivision. The County does not have Pineapple Lane or Kelly Road on its 5-year plan for paving. Improvements to County standards are not accounted for in the County's budget. The existing Right -or -Way width is sufficient in meeting the County's standards. The applicant provided a proportionate fair share analysis in requesting a waiver from paving, and a waiver from a fair share fee in lieu of paving. County staff has reviewed the existing site conditions and adjacent sites and supports the applicant's paving waiver request. Based on the low intensity of the roadways, and not being identified on the County's list of roadways to be improved. Staff recommended granting a waiver subject to the following condition of approval:- The current and future owners and their heirs/assigns agree to participate and there shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit (MSBU), or other special assessment district created for the purpose of providing paving and/or drainage improvements to Pineapple Lane and Kelly Road that serve the subject property. Commissioner Dzadovsky commented on the lot access, the history of roadways, and construction cost. The Board had no further questions or comments on this item. 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. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky I SECONDER: Commissioner District 2 Larry Leet I AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2.Old Edwards Farms Rezone - A Zoning Atlas Amendment to rezone the subject +/- 18.17-acre (cumulative) Parcels from the RS-3 (Residential, Single-family -3) Zoning District, to the AR-1 (Agricultural, Residential - 1) Zoning District - 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. Erin Elizabeth Taylor, Associate Planner, Kori Benton Planning Manager, and Benjamin Balcer, Director of Planning & Development Services presented to the Board, a rezone petition of Whitney O'Neill, Charles 21 1 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Cookson, Lance & Tonya Mills, Paul & Kimberly Fasnacht, and Howard Specker to rezone five (5) parcels from the Residential, Single-Family-3 Zoning District to the Agricultural, Residential-1 Zoning District on Old Edwards Road. Under 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 June 29, 2023, and notices were mailed to 25 adjacent property owners located within a 500 feet radius, and signs were placed on the subject property. No responses have been received to date. The properties are located south of Edwards Road and north of Five -mile Creek at 3121, 3111, 3126, 3129, & 3131 Old Edwards Road, Fort Pierce, FL 34981, and contain existing single-family homes and accessory structures. The five parcels total approximately 18.17 acres. The Future Land Use designation is RU (Residential Urban). The RU land use category "is the predominant residential land use category in the County. This residential land use category provides for a maximum density of five (5) dwelling units per gross acre. The proposed rezoning to the AR-1 (Agricultural Residential — 1 du/ac) Zoning District is consistent with the RU (Residential Urban) Future Land Use designation. The properties are currently RS-3 (Residential, Single -Family — 3 du/ac). The proposed Rezone Petition will conform to the minimum lot standards under the Land Development Code. The proposed rezoning will lower the density from the current 3 du/ac to 1 du/ac. During the review process, it was determined the single-family home at 3121 Old Edwards Road does not meet setback requirements for the Agricultural, Residential —1 du/ac Zoning District. The home does meet setback requirements for the currently zoned Residential, Single -Family — 3 du/ac Zoning District. The applicant, Whitney O'Neill, acting as the agent for the parcel owner, proactively applied for an Administrative variance before the public hearing for the rezoning petition by the Planning and Zoning Commission and/or the Board of County Commissioners. The single-family residence is 46.2 ft. from the front yard property line, encroaching 3.8 ft. into the 50 ft. Agricultural, Residential —1 du/ac Zoning District front yard setback requirement. The Administrative Variance petition is pending until the conclusion of the Public Hearings and the rezoning petition is approved. Approving the Administrative Variance will alleviate the anticipated front yard setback encroachment on this parcel, where eligible. The Planning Department advised the property owner of the potential nonconformity and suggested relocating or removing the shed to meet Agricultural, Residential —1 du/ac zoning setback requirements. At this time, the shed was not moved or relocated. The Land Development Code Section 10.00.03. (E.)(1.) states any part of a nonconforming structure that is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of the Code. On June 15, 2023, the Planning and Zoning Commission held a public hearing on the petition and voted unanimously to recommend approval. The staff has reviewed this petition and determined that it conforms to the Standards of Review as outlined in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. Rezoning actions to non -planned development districts are not eligible for conditions of approval. The staff has provided acknowledgments to the applicants as part of the review process. Staff recommended the Board approves the requested rezoning for the subject parcel from RS-3 (Residential, Single -Family — 3 du/ac) to the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District. Commissioner Dzadovsky asked staff to clarify the presented language regarding the non -conforming structure with the setback, and the condition of approval to move to conform or without the ability to replace it in the future. Staff advised conditions cannot be placed on rezoning and the applicant has been made aware that if the structure is damaged it cannot be rebuilt in its current location and if more than 50% 221 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM is damaged, it will have to be rebuilt outside of the setback. Commissioner Leet questioned if the same conditions apply to residences on other properties if the damage is past 50%. The staff advised the application is for an administrative variance. The code allows for variances to be applied if the encroachment into the setback is less than 35% of the setback amount. If they are under that amount, they will apply for the administrative variance and pending any major issues that should be approved and then the nonconformity will essentially go away. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Lisa Parsons • Bruce Stanford • Whitney O'Neill • Lance Mills With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board addressed the public concerns regarding applicant Whitney O'Neill's allowances within the conditional use approval (animals, bees, business nursery), accessory uses, the Department of Agriculture, outdated permits, Code Enforcement, and code violations. The Board had additional discussions with the other applicants regarding a 90-day continuance to allow Whitney O'Neill time to come into compliance for approval. A motion was made to continue the item until October 3, 2023, at 6:00 pm or soon thereafter to be heard with the conditions of the Building Department (Code Enforcement) working with the applicant, Whitney O'Neill, on the coding issues, to move the item forward, and it passed unanimously. I:i�i9� �1•Ly�I�l�l� 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 L*3411-L ►[•7T C. PUBLIC WORKS 1. Azalea Project - Mining Permit Exemption Application Request Daniel Zrallack, County Engineer, presented to the Board a request from Meritage Homes of Florida, Inc for a mining permit exemption for the Azalea Residential Project Development. Under 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 June 19, 2023, and notices were mailed to 38 adjacent property owners located within a 500 feet radius, and signs were placed on the subject property. The exemption application is for the removal of excess soil material associated with the construction of a 3.4- 231 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM acre stormwater retention pond. The parent parcel consists of +/-31.78 acres, located along the west side of Commerce Centre Drive, approximately 0.45 miles south of Reserve Boulevard in St. Lucie County. The Azalea Residential Development is currently under construction and includes 99 single-family homes. On July 5, 2022, future land use map and zoning atlas amendments were approved for the project, the final PUD site plan was approved on August 16, 2022, and on September 22, 2022, the site development plan was approved for construction. The project includes the excavation of an approximately 3.4-acre stormwater management pond with a maximum water depth of 10 feet. Some of the excavated fill was used on -site for mass grading, but an estimated 5,000 cubic yards of surplus material (250 truckloads of material) remains stockpiled on the site. Under the Land Development Code, Meritage Homes of Florida, Inc., filed an application requesting an exemption from the requirement of the mining permit to allow for the off -site removal of excavated material over 100 cubic yards originating from the development of the onsite stormwater management pond. Land Development Code Section 6.06.01 A., states, "It shall be illegal to excavate or mine, as defined in Chapter 11, any real property in St. Lucie County without first obtaining a mining permit for such activity, except as exempted in Section 11.05.11." Land Development Code Section 11.05.11 A.1., further specifies that no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board. Land Development Code Section 11.05.11 A.2., outlines activities that are exempt from the mining permit requirement provided that all applicable federal, state, and local permits and/or authorizations have been obtained and the removal of the material remains on - site and is required to support development on -site. The listed exemptions include an exemption for the removal of material for development in which the material is being excavated to provide on -site stormwater management, this includes a process for the off -site removal of material over one hundred (100) cubic yards, provided the property owner receives approval from the Board. The applicant proposes to remove 5000 cubic yards of excess material off -site for use at other projects primarily within the Tradition Area of the County and specifically at another Meritage Homes project. The proposed haul routes include trucks traveling north or south on Commerce Center Drive, which would use either St. Lucie West Boulevard to get to 1-95 north or Crosstown Boulevard, to get to 1-95 or west of the Tradition Area Staff has reviewed the request for a mining permit exemption to haul material off -site of the property under the Land Development Code. Staff is recommending approval based on the completed development of the on -site stormwater pond, no active excavation operation, no processing of material, and no operation of mining equipment. Based on the nature of the proposed hauling activity. Staff recommended the Board provide approval of the mining permit exemption with the following conditions: • The removal of excavated material under this exemption shall be performed and completed by October 31, 2023. The hauling operation is limited to Monday through Friday within the hours of 8:00 am and 5:00 pm, excluding all holidays. If there are documented adverse effects from the hauling operation during the school session, the County Engineer may further restrict the hours of operation from daylight to 5:00 pm, Monday through Friday. A maintenance agreement bond or line of credit will be secured within 30 days of Board approval and maintained until receiving County written approval of hauling completion. The County will inspect the haul route, including, but not limited to, Commerce Centre Drive and Reserve 241 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Boulevard, during and following the hauling operation. Meritage Homes of Florida, Inc. will be responsible for any damage associated with the hauling. • This mining permit exemption may be revoked for: 1. Violation of any condition imposed upon such approval; and 2. Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. Chair Townsend mentioned previous discussions regarding this item and mining permits. Mayte Santamaria, Deputy County Administrator, addressed the Board and advised an informal meeting that was held in the past where permitting fees and quantities were discussed and there was no direction given at that time to make any changes. The staff has considered bringing the item back to the Board in the future. Patrick Dayan, Public Works Director, commented and advised the informal discussion was regarding the process by which mining permit exemptions are managed and the alignment of the mining permit exemption process with the site plan application so that both items can come to the Board for approval at the same time. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Mariana Arias Sanz With no one else wishing to address the Board, Chair Townsend closed the public hearing. The applicant's representative, Mariana Arias Sanz, questioned the staff regarding the amount of the bond and how it was calculated. Mr. Zrallack advised there is a 30-day period for the bond to be in place and at this time there is an existing sub -division improvement agreement bond for the project but it will need to be reviewed by the County attorney to see if it is acceptable as a standalone bond. The amount of the bond still needs to be discussed. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, including those stated in the agenda, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 1 Chris Dzadovsky 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 251 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM 12. REGULAR AGENDA A. COUNTY ATTORNEY 1. 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 19.110]304AIM IfIZ10 2. Termination (Without Cause) of February 2, 2021, Motorola Solutions PremierOne Cloud Suite CAD Agreement Ciara Forbes, Assistant County Attorney II, presented this item to the Board. The County entered into an agreement with Motorola Solutions on February 2, 2021, for a Computer Aided Dispatch (CAD), Report Management System (RMS), and Mobile Computer Terminal/Mobile Field Reporting (MCT/MFR) system to support the 911 Communications Center, the Fire District, and the three (3) Law Enforcement Agencies. After some time, it was determined that Motorola Solutions could not support a fully cloud -based solution, and a hybrid solution was proposed. The hybrid solution did not meet the County and its partner's expectations or the level of service provided by the previous vendor. On May 10, 2023, the Board of Governors (BOG) voted unanimously to terminate the Motorola agreement and all related agreements and look into alternatives. On June 7, 2023, the BOG voted in favor of the proposed terms of the draft notice of termination. Staff recommended that the Board exercise its right to terminate the February 2, 2021 agreement with Motorola, and all related agreements, including the Equipment Lease -Purchase Agreement and Amended and Restated Interlocal, without cause and sign the Notice of Termination prepared 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 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 13. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special Informal meeting to discuss the Towns, Villages & Countryside element, and overlay on Wednesday, July 12, 2023, at 1 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 18, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort 261 Page BOCC Regular Meeting Tuesday, July 11, 2023 6:00 PM Pierce, FL. 14. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 8:14 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 271 Page