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HomeMy WebLinkAboutMinutes 08.15.202391rc LUCE 0 Q n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 15, 2023 1. CALL TO ORDER Convened: 9:00 AM Adjourned: 10:47 AM The meeting was called to order at 9:00 AM 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 Jason Davis, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Michelle R. Miller, St. Lucie County Clerk of the Circuit Court and Comptroller Shai Francis, St. Lucie County Clerk Chief Finance Officer Tanya Greene, St. Lucie County Clerk Chief Operating Officer Thad Crowe, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Planning Manager Barbara Guettler, MSBU Coordinator Jim Lappert, Water Quality Division Director Jaime Morales, Assistant Public Works Director Benjamin Balcer, Planning & Development Services Director Rangel Guerrero, Public Safety Director Jennifer Hill, OMB Director Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECESS FOR SPECIAL DISTRICT MEETINGS Mosquito Control District BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Environmental Control District Erosion District Sustainability District 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 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. PRESENTATIONS A. Clerk and Comptroller Credit Card Revenue Sharing for 2022 Michelle Miller, Clerk of the Circuit Court and Comptroller, Shai Francis, Chief Financial Officer, Tanya Green, Chief Operating Officer, and their team presented the Board with a check for $258,284.44. This amount represents the cash back earned through a strategic approach of channeling credit card points revenue back to the residents of St. Lucie County. The innovative approach aligns with the commitment to responsible financial management. It ensures that valuable resources are utilized effectively to improve the County's infrastructure, public services, and community programs. Every year, the finance department does an incredible job assisting in earning savings for the County's general fund through the valuable program. She thanked them for their efforts. 7. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Pamela Hammer spoke to the Board concerning the routing of construction trucks in Meritage Village, traffic from Commerce Boulevard, and the need for an extension of the DRI in PGA Village. • Betty Modell spoke to the Board about the routing of construction truck traffic in Meritage Village and Commerce Boulevard, as well as the extension of the DRI in PGA Village. • David Ellis spoke to the Board regarding the approval of Consent Agenda item 10.C.2. and obstructed public drainage systems, including canals, swales, and water control. • Jason Weaver spoke to the Board about the approval of item 10.C.2 on the Consent Agenda and raised concerns about public drainage systems such as canals, swales, flooding, and water control. • Marjorie Harrell addressed the Board regarding community event notifications and advertising for participation for Lincoln Park residents. Pa BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM 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 mace to approve aii minute sets, anc it passec 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 A. Board of County Commissioners minutes for the BOCC Budget Workshop Day 1 Meeting of July 5, 2023. B. Board of County Commissioners minutes for the BOCC Budget Workshop Day 2 Meeting of July 6, 2023. C. Board of County Commissioners minutes for the BOCC Informal Meeting of July 11, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, excluding item 10.C.3. Aero Shade Technologies, Inc. - Eviction/Notice of Default, pulled by County Attorney Dan McIntyre, and added to the Regular Agenda for discussion, and it passed unanimously. I RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None County Attorney Dan McIntyre pulled Item 10.C.3. Aero Shade Technologies, Inc. - Eviction/Notice of Default, and added the item to the Regular Agenda for discussion. A. WARRANTS 1. Warrant Lists 43 Adopted by Consent Vote M_1L.1Zel 41 1. Work Authorization No. 02 Third Amendment under Contract C20-03-341 with AECOM for Southside Road Construction (Tailwind Dr) $116,335.00 3 1 P a g e BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Staff recommended approval of Work Authorization No. 2 Third Amendment under Contract C20-03- 341 with AECOM in the amount of $116,335.00 and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Ground Sublease Agreement between Fort Pierce FBO LLC (Landlord) and Hangar 3163 LLC (Tenant) - ITEM PULLED PRIOR TO METTING 3. Creation of 2 New Full Time Employee (FTE) Positions - Airport Operations and Maintenance Technicians Staff recommended board approval of the creation of 2 new FTE positions at the airport and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Medical Examiner Ground Lease and Memorandum of Lease Staff recommended the Board approve the Ground Lease and Memorandum of Lease allow the Chair to sign as approved by the County Attorney. Adopted by Consent Vote 2. Revocable License Agreement - 7504 Ocala Avenue - Lakewood Park Subdivision - Addition No. 1 - Joshua Borland - Parcel ID 1302-810-0034-000-4 Mr. Borland is requesting a Revocable License Agreement to place three (3) non -permanent 2" x 6" x 8' boards across a drainage ditch ("Boards"), located within the County's 35' Drainage/Utility Easement, per the Plat recorded in Plat Book 17, Page 23, in order to allow access to the north side of his property. He understands if the County Engineer determines the boards are causing flooding, drainage problems, or for other needs in the area, the boards will need to be removed or relocated at his expense. Engineering, Road & Bridge, Water Quality, and Utilities 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. Borland pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Aero Shade Technologies, Inc. - Eviction/Notice of Default — ITEM MOVED TO REGULAR AGENDA County Attorney Dan McIntyre pulled the item to be heard under the Regular Agenda for further discussion. 4 1 P a g e BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Staff recommended the Board authorize staff to proceed with any necessary legal action to remove Aero Shade from the property, including but not limited to a Notice of Default under the Settlement Agreement and/or Modification Agreement in Bankruptcy Court and/or Eviction proceeding in Circuit Court. 4. Resolution No. 2023-133 - Right -of -Way Donation - 1.17 acres of right-of-way along the western boundary of the property for the future extension of Loop Road - Orange 95CC PH1 LLC - Parcel ID 2312- 112-0000-000-8 The Planning and Development Services Director approved PDS Order 2023-01 granting approval for a Minor Site Plan known as Orange 95 Commerce Center AKA Tambone - Phase 1. A condition of approval required Orange 95CC PH1 LLC to convey to St. Lucie County 1.17 acres of right-of-way along the western boundary of the property for the future extension of Loop Road. The proposed warranty deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from Orange 95CC PH1 LLC, 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 5. Resolution No. 2023-132 - Right -of -Way Donation - 5' of Right -of -Way along Shinn Road - Leal Three, LLC - Parcel ID 2319-111-0002-000-0 Leal Three, LLC submitted a project known as St. Nicholas Oaks to Planning and Development Services for site plan review. During the site plan review process, it was determined by Public Works that Shinn Road is a substandard right-of-way. Public Works requested Leal Three, LLC, convey to St. Lucie County 5' of right-of-way along Shinn Road. Leal Three, LLC has requested to dedicate the right-of-way to St. Lucie County prior to site plan approval. The proposed warranty deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from Leal Three, LLC, 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 6. Computer Power Systems - ADD ON Staff recommended the Board approve the after -the -fact contract in the amount of $148,942.00 to Computer Power Systems, waive formal bids, and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5 1 P a g E BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM D. ENVIRONMENTAL RESOURCES 1. Piggyback FWC17/18/82 Vegetation Management Continuing Contract with Earth Balance Corporation Staff recommended the Board approve to piggyback off FWC17/18-82 with Earth Balance Corporation and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. HUMAN RESOURCES 1. Amendment of 2023 Holiday Calendar and Approval of 2024 Holiday Calendar Staff recommended the Board amend the 2023 Holiday Calendar to increase the number of floating holidays to three (3) effective October 1, 2023, and approve the proposed 2024 Holiday Calendar. Adopted by Consent Vote 2. Teamsters Local Union No. 769 - Second Amendment to October 1, 2021, Collective Bargaining Agreement and Memorandum of Understanding Staff recommended the Board approve the proposed Second Amendment to the October 1, 2021 Collective Bargaining Agreement, and authorize the Chair to sign the Second Amendment. Staff further recommends the Board of County Commissioners approve the proposed Memorandum of Understanding, and authorize the Chair to sign the Memorandum of Understanding. Adopted by Consent Vote F. LIBRARY SERVICES 1. Health Insurance Navigation Program Staff recommended Board approval to waive the meeting room use fee in the amount of $960.00. Adopted by Consent Vote G. 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 $2,291,006.00. Adopted by Consent Vote 2. Request for Proposals (RFP) No. 23-021, St. Lucie County Vulnerability Assessments and Regional Resilience Plan 6 1 P a g e BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Staff recommended Board approval of the short-listed firms for RFP No. 23-021 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 3. Request for Proposals (RFP) No. 23-030 - Mobile Catering Services for Disaster/Emergency Related Events Staff recommended Board approval of the Committee's recommendation and permission to: • Conduct contract negotiations with Puff'n Stuff Event Catering as the primary provider and Treasure Coast Food Bank and Premier Support Services, LLC as the secondary providers; • If negotiations are successful, award contracts and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 4. Request for Qualifications (RFQ) No. 23-037 - Port Consulting Services - Planning, Consulting and Engineering Services - Continuing Contracts Staff recommended Board approval of the short-listed firms for RFQ No. 23-037 and permission to: • Conduct discussions/contract negotiations with short-listed firms; • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 5. Fixed Asset Inventory - Property Record Removal Staff recommended Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners. Adopted by Consent Vote H. PARKS, RECREATION & FACILITIES 1. Award of Bid No. 23-047 - SLC Navy UDT-SEAL Museum Roof Replacement - $165,820.00 Staff recommended Board approval to award Bid No. 23-047 to The Roof Authority, Inc. in the amount of $165,820.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 7 1 P a g e BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM I. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise a Land Development Code (LDC) Text Amendment for Backyard Chickens Staff recommended permission to advertise the proposed ordinance for the first of three (3) public hearings, beginning with a regularly scheduled Planning & Zoning Commission meeting. Adopted by Consent Vote J. PORT, INLET & BEACHES 1. Port of Fort Pierce Stormwater Master Plan — Additional Stormwater Evaluation — Work Authorization No. 04 (Inwood Consulting Engineers) Staff recommended Board approval of Work Authorization No. 04 with Inwood Consulting Engineers ($194,654.24) upon successful closing of both the City of Fort Pierce and DBI, Inc. exchange agreements and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. 2nd Street, Harbor Street, and Port Avenue Stormwater Evaluation — Work Authorization No. 05 (Inwood Consulting Engineers) Staff recommended Board approval of Work Authorization No. 05 with Inwood Consulting Engineers ($73,634.49) upon successful closing of both the City of Fort Pierce and DBI, Inc. exchange agreements and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Avenue M Entrance Road and Stormwater Pipeline Relocation at Harbour Pointe — Work Authorization No. 01 (Inwood Consulting Engineers) Staff recommended Board approval of Work Authorization No. 01 with Inwood Consulting Engineers ($466,363.61) upon successful closing of both the City of Fort Pierce and DBI, Inc. exchange agreements and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote K. PUBLIC UTILITIES 1. South Florida Water Management District Florida Department of Environmental Protection (FDEP) Alternate Water Supply (AWS) Funding Program Grant Agreement - North County Reverse Osmosis Water Treatment Plant Wells PW-2 & PW-3 Staff recommended Board approval of the attached grant agreement between St. Lucie County and SFWMD in the amount of $2,500,000.00 for the construction of two new Upper Floridian Aquifer (UFA) 8 1 P a g e BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM production wells (PW-2 & PW-3) to help serve the planned North County Regional Water Treatment Plant located in the Taylor Dairy Road area and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2.2023-2024 Sole Source Vendors for Utilities Division Staff recommended board approval of the bid waiver and sole source determination for the purchase of parts, equipment, services, and supplies for the maintenance and operation of the Utilities Division water and wastewater treatment facilities from the listed proposed sole source vendors, and authorization for the Chair to execute all applicable contract and documents as approved by the County Attorney. Adopted by Consent Vote 3. Capital Lease - 930M Purchase at the End of the Tax Lease Agreement Staff recommended the Board authorize staff act on the option to buy the previously leased 930M Caterpillar Wheel Loader, from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following costs following review and approval from the County Attorney. Adopted by Consent Vote L. PUBLIC WORKS 1. Final Acceptance and Release of Security for Offsite Improvements Related to Various Legacy Projects Staff recommended Board approval of the final site improvements and release of remaining security funds and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Approval of Amendment #2 to Contract C22-07-520 - River Park Baffle Boxes - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of Amendment #2 to Contract #C22-07-520 to Water Resources Management Associates, Inc. in the amount of $131,215.00 for the design of the 3 River Park Baffle Boxes; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Item pulled for a separate comment 3. Permission to Advertise - Staff Initiated Land Development Code Text Amendment to update the Thoroughfare Network Right of Way Protection Plan (ROWPM), and to update the Traffic Impact Report Standards to reference the St. Lucie County Transportation Planning Organization Standardized Transportation Impact Studies Methodology and Procedures 01 BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Staff recommended permission to advertise the proposed ordinance for the first of three (3) public hearings, beginning with a regularly scheduled Planning & Zoning Commission meeting. Adopted by Consent Vote 4. Permission to Advertise - Comprehensive Plan Amendment to update the Transportation Element Map Series Staff recommended permission to advertise the proposed ordinance for the first of three public hearings, with the first hearing before the Planning and Zoning Commission. Adopted by Consent Vote 5. Bid Waiver and Sole Source Determination for Public Works - Road & Bridge for Fiscal Year 2023-2024 Staff recommended Board approval of bid waiver and sole source determination for the purchase of parts and services for various heavy equipment and traffic signal systems for the Road and Bridge Division and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote M. SHERIFF'S OFFICE 1. Law Enforcement Impact Fee Request in the Amount of $2,964,228.00 Staff recommended the approval of the Sheriff's request for an amendment to the distribution schedule for Y23 - $2,481,037.00 and FY24 - $483,191.00. Adopted by Consent Vote The order of the agenda items was modified. 11. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Arcosa Conditional Use Adjustment - THIS ITEM IS QUASI-JUDICIAL The applicant is seeking a Major Adjustment to the Conditional Use Permit which allows concrete manufacturing as a permitted use within the Arcosa Planned Non -Residential Development (PNRD). 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. 101Page BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Thad Crowe, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. The proposal for a Conditional Use Permit for Engineering Design & Construction, Inc., on behalf of Arcosa, Inc., a manufacturing facility of concrete poles located on Post Office Road and Midway Road. The public notice requirements were adhered to, a sign was posted on the property, neighbors were notified, and a newspaper ad was published in the local newspaper. No responses were received. The 38.05-acre project, located within the Urban Service Boundary, is zoned Planned Non -Residential Development and designated within the Mixed Use Development future land use map category. The industrial development Comprehensive Plan shall be limited to a maximum floor area ratio of 0.18752, which for the site equates to 310,806.5 square feet, limiting the building size. In 2009, the Future Land Use Map changed to Mixed Use Development, and the site was designated as Cassens Mixed Use Activity Area, allowing medium -intensity development and use restrictions. The Planned Non - Residential Development was approved in 2021. The site design minimized noise and visual impacts on residential properties to the east. The Planning Director approved PDS 2022-018, Minor Adjustment to Conditional Use for 85,342 SF manufacturing facility, 3,444 square foot office, aggregate storage containers, 60-foot tall silo, 389,988 SF outdoor finished product storage/lay-down yard, right-of-way improvements to Favorite Road, and associated vehicular, stormwater, and landscaping improvements. The major adjustment to the Minor Site Plan is due to the location of a structure that is serviced by Fort Pierce Utility Authority (FPUA) with water, wastewater, and natural gas. The silo was altered by more than 10 feet. The proposed adjustments: • Reducing the manufacturing building size from 85,342 to 75,704 square feet. • Shifting silo location 221.7 feet to the west • Adding three concrete -paved pole testing areas totaling 4,632 square feet The proposed changes that do not require board approval include an updated plan for 5,356 littoral plantings in the eastern pond area, an expansion of the eastern buffer by two feet, and relocation of 8 shade trees, 16 shrubs, and 220 ferns. The business hours are 7:00 a.m. to 7:00 p.m. from Monday to Friday. Deliveries are made from 8:00 a.m. to 5:00 p.m. during the same days, with 10-12 poles delivered per week. The purpose of pole testing is to ensure that poles can withstand maximum design loads, optimize pole designs and manufacturing processes, test materials, and provide quality control checks. In the pole testing process, concrete poles are transported from an inventory storage yard to a test pad reaction pad with a mobile gantry crane, and a winching system (cable powered by motor) is attached to the tip end of the pole. The crane transports the broken pole, which is bent until it cracks, to the storage yard. Although there will be no dust discharge, there may be some noise impacts. The pole testing noise impacts are: • The mobile gantry crane brings a pole to the test pad and carries a broken pole away, similar to the daily noise from the crane bringing poles from the plant to the storage yard (estimated 65 dBA at 50 feet away). • The winch operates around 10 minutes during a 30-minute-long pole test. Noise is similar to the sound of a tow truck winch lifting a vehicle (estimated 80 dBA at 50 feet away for 20 seconds, 10 times during the overall test period. • The breaking of the concrete pole at the moment of pole failure lasts half a second, similar to the sound of a small section of concrete sidewalk being broken during demolition (estimated 80 dBA at 50 feet away for a half second). BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM The pole testing area is located approximately 636 feet from the nearest residence to the east. The perimeter buffer area is to include a continuous 8-foot-tall masonry wall, a continuous hedge along both the inside and outside the base of the wall, and a tree planted every 30 linear feet with at least 60% percent of trees located outside of the wall. Wall with anti -graffiti surface treatment, the owner shall be responsible for the maintenance of landscaping inside and outside the wall. All activities shall comply with the County noise ordinance. The development will be equipped with dust abatement protocols, including a sprinkler system and a crane, and forklift equipment will be equipped with a White Noise backup alarm. Before Final (Minor) Site Plan approval, the applicant shall provide a Turn Analysis and Truck Movement Plan for review and compliance with southbound turn movements onto Post Office Road from the site which has been fulfilled. Before the issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a 100% gopher tortoise survey shall be conducted by a state -certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol which has been fulfilled. Also, before issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site which has been fulfilled. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.07.03 and is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive. Staff recommended the Board of County Commissioners approve the Conditional Use Permit Adjustment, maintaining the adopted conditions, aligning with the revised Site, Conditional Use, and Landscape Plans, along with the addition of the following Conditions: • Pole testing is to be allowed only at the location identified on the site plan, and shall occur only on weekdays between the hours of 8:00 a.m. and 5:00 p.m., with setup allowed at or after 8:00 a.m. • The development shall be in accordance with the site plan dated July 11, 2023, and the landscape plan dated July 21, 2023. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Brad Curry (EDC) - provided a video of the pole testing process. With no one else wishing to address the Board, Chair Townsend closed the public hearing. There was a Board discussion regarding the hours of operation limits, and the pole testing process. 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 B. PUBLIC WORKS 12 1 BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM 1. Property Clean-up Municipal Services Benefit Unit (MSBU) Annual Assessment Resolution Barbara Guettler, MSBU Coordinator, presented this item to the Board. Section 38-28 Lot Cleanup of the County's code of ordinance prohibits the accumulation of trash, junk, debris, living and nonliving plant material, and stagnant water; excessive growth of grass, weeds, and brush; windows, skylights, and doors that are not watertight; and, the keeping of fill on property. If a property is found to violate this Article the owner is notified of the violation and that they must remedy the violation within 20 days or file an appeal within 15 days. If the owner fails to correct or appeal the violation under Section 38-28, the County has the authority to take necessary action to remedy the violation. The cost incurred by the County to remedy the violation shall be assessed against the property. If the assessment that has been imposed is not paid in full within 20 business days, it will be recorded as a lien. This lien may be levied as a non -ad valorem special assessment on the annual property tax bill and collected according to the guidelines mentioned in Section 197.36 of the Florida Statute. There are four parcels on the 2023 Property Clean-up Special Assessment District assessment roll with assessment amounts ranging from $1,010.64 to $377.81. The actions taken by the County to remedy the violations include but are not limited to utilizing continuing service contractors for mowing; trimming bushes, shrubs, and trees; and securing windows, skylights, doors, and pools. Notice of the public hearing was mailed to affected property owners and published in the local newspaper on or before July 26, 2023. Staff recommended Board approval of the Property Clean-up Special Assessment District Annual Assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. 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 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None The order of the agenda items was modified. 12. REGULAR AGENDA 10.C.3. Aero Shade Technologies, Inc. - Eviction/Notice of Default - ITEM PULLED FROM THE CONSENT AGENDA County Attorney Dan McIntyre presented this item to the Board. The County entered into a lease with Aero Shade Technologies, Inc. in 2009 for property owned by the County located at 3104-3106 Industrial Avenue 3, Fort Pierce, FL 34946, providing jobs in the community. During the lease term, Aero Shade constructed 13 1 P a g BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM improvements to the property that were not permitted properly, including a connecting building between the two existing buildings, violating the County Code. The County filed an eviction action against Aero Shade Technologies, Inc. on July 15, 2019, based on the County's termination of a commercial lease agreement for property owned by the County. Aero Shade filed an Answer, Affirmative Defenses, and Counterclaim, and later filed for bankruptcy. As part of the process, Aero Shade reached a settlement that allowed them to build a new off -site building, which has not yet been constructed. Some attempts have been made to resolve the coding issues, but they haven't been completed to the County's satisfaction, causing a compliance issue. Although Aero Shade hired a contractor, demolition of the middle building was never completed under the County permit, and issues remain unresolved between Aero Shade and County staff related to Aero Shade's continued possession and use of the property. Under the terms of the settlement agreement and modification agreement, Aero Shade was permitted to remain in possession for an additional 24 months from the date of the Final Judgment, until February 28, 2023. Aero Shade was paying below -market rent, which needed to increase based on a County staff appraisal. An assistant manager from Aero Shade sent an email requesting the Board to postpone the action so that they can have more time to comply. Due to an extended construction period, an unpermitted building has created potential safety hazards which need to be resolved. Staff would like to discuss implementing a performance bond as a safeguard to ensure completion of the work. If the work is not completed, funding will be available to complete the work. Staff recommended the Board authorize staff to proceed with any necessary legal action to remove Aero Shade from the property, including but not limited to a Notice of Default under the Settlement Agreement and/or Modification Agreement in Bankruptcy Court and/or Eviction proceeding in Circuit Court. Laurie Moore, the Assistant Manager for Aero Shade Technologies, and Stuart Letus, the building contractor for Aero Shade Technologies, addressed the board. They advised that the permits for the demolition of two properties have been received, and an application to repair certain aspects of the property has been submitted. The property in question has a request to retain the lease. Commissioner Townsend asked if Aero Shade Technologies had issues with the performance bond. Ms. Moore advised there would be no problems. Commissioner Townsend asked Mr. Letus if he was licensed to work in the county. He replied that he is currently licensed and has a demolition permit. Mr. McIntyre advised the County would like to negotiate an agreement or stipulation with a property owner or business regarding the completion of a project within a specified time frame. The bond portion of the agreement will be used to ensure compliance, as directed by the Board. Commissioner Dzadovsky questioned if Ms. Moore was authorized to enter into an agreement with the County on behalf of Aero Shade Technology. Ms. Moore confirmed that she was authorized to do so. There was further Board discussion regarding the time frame stipulation, code violations, employee safety, jobs, performance bond amount, eviction process, and bankruptcy court. Commissioner Townsend put forward a motion to give the applicant another opportunity to resolve the issues that were discussed. The applicant can arrange a meeting with the staff and legal department to deliberate on 14 1 P a g BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM the terms of the performance bond and negotiate them. Once they have completed this, they can present their final proposal to the Board for approval at the regular meeting scheduled for September 5, 2023. Chair Cathy Townsend passed the gavel to Vice -Chair Linda Bartz. Commissioner Townsend made a motion to grant the applicant an additional chance to address the issues that were discussed, and it passed unanimously. After the vote, Vice -Chair Bartz passed the gavel back to Commissioner Townsend, and she retained her position as Chair. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. COUNTY ATTORNEY Permission to Advertise - Ordinance - Noise Control - ATTACHMENT AMENDED Dan McIntyre, County Attorney, presented this item to the Board. At a recent Board meeting, the issue of noise control was discussed. The noise ordinance has not been amended for 17 years. County staff reviewed the County's noise ordinance and is recommending that the Board consider adding definitions and to add clarifying language to existing exemptions. Regarding the proposed development of the racetrack, the staff is proposing to exclude them from the coverage of the noise ordinance, and include noise issues in the regulatory standards in the Special District. Some state law changes have been added to some of the exemptions to make the County ordinance consistent with state law. Staff is requesting the Board to grant permission to advertise the proposed changes to be heard at the public hearing on September 19, 2023. Staff recommended that the Board grant permission to advertise an ordinance for a public hearing to be held on Tuesday, September 19, 2023, at 9:00 a.m. or as soon thereafter as the item may be heard. Commissioner Dzadovsky commented and expressed his concern about self -monitoring, complaint issues, code enforcement, construction of the facility, and notices. The Board had no further questions or comments on this item. A motion was mace to approve starr recommencations, anc it passes unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 15 1 BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM 1. Administrative Approval Update from the PDS Director Benjamin Balcer, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred over the previous month of July. • A-1 Roof Truss — Minor Adjustment to Minor Site Plan • Natalie's Orchid Island — Minor Adjustment to Minor Site Plan • FP&L Buttonwood Solar Energy Facility — Minor Site Plan • TRS Oleander Properties — Minor Site Plan • Ibis Apartments — Minor Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. C. PUBLIC SAFETY 1. Approval to Adjust Public Safety Communications Officers' Salaries Rangel Guerrero, Public Safety Director, and Jennifer Hill, OMB Director, presented this item to the Board. Staff developed a strategy to implement a salary adjustment for the Public Safety Communications Division employees to improve retention and increase recruitment of St. Lucie County 911 Telecom municators. Also, due to the challenges of hiring, salaries are higher in neighboring jurisdictions. The current starting salary for dispatchers in St. Lucie County is $41,579.20 compared to Martin County at $53,000 and Palm Beach County at $54,000. Currently, there are 20 vacant dispatcher positions. A target salary, which will become the employee's new salary, has been developed, and a 5% addition after the probation period. The Public Safety Communications Officer I New Starting Minimum Salary 5% End of Probation (EOP) Target/New Salary $44,761.90 $2,238.10 $47,000.00 A new pay scale will be established to address all of the ranks within the field, along with new pay grades, salaries, target salaries, and minimum/maximum salaries to label all positions in the division. Each employee's target -based salary was adjusted by a 2% credit for each year of service with the County. Existing employees' salary adjustments have set amounts with a minimum of $1,000 added to their annual salary and a maximum of $5,000 based on years of service. The purpose of the adjustments is not just to build a new starting salary but to also retain the current employees and address compression in each position. This is a one-time change that will affect the employees' annual salary moving forward. This adjustment is meant to be an early implementation of the salary study. However, with the salary study, there could be minor adjustments when completed. With the Board's approval on August 27, 2023, the proposed effective date will begin, which will also be the first pay period. Staff acknowledged the number of years the current employees have been 161Page BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM dedicated to the St. Lucie County dispatch facility. Staff recommended approval to adjust the Public Safety Communications Officers' salaries. Commissioner Dzadovsky commented on Indian River Community College's EMT and Firefighter programs and recruitment with 911 operations. There were no further questions or comments from the Board. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE 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 D. PUBLIC WORKS 1. Private Culvert Assistance Program (CAP) Update and Request for Supplemental Funding Barbara Guettler, MSBU Coordinator, Jim Lappert, Water Quality Division Director, and Jaime Morales, Assistant Public Works Director presented this item to the Board. In 2021, under the guidance of the Board, the County has embarked on a substantial initiative to improve the standards of its stormwater infrastructure, and strategic collaboration with state and federal stakeholders, manifesting in significant financial commitments to advance water quality and solving drainage challenges. The commitment encompasses the allocation of $500,000 from the Federal Cares Act to inaugurate the county -wide Culvert Assistance Program (CAP) and over $20 million from the American Rescue Plan, for stormwater projects, alongside an augmented allocation to the County's swale maintenance initiative through an upsurge in the annual MSBU budget. There is an estimated number of 1,000 failed driveway culvert pipes throughout the unincorporated County. Through the integration of the costs of culvert replacement into homeowners' annual tax bills and spreading these costs over 10 years, the initial burden of a considerable upfront expense is alleviated through the Municipal Services Benefit Unit program (MSBU). This financial relief allows homeowners to address the pressing issue of failed culverts without compromising their financial stability. The cost of replacing a driveway culvert has increased over the years and may not decrease. Failed pipes have been identified by staff or residents with water blockage. Before the swale maintenance program or drainage complaint, the process includes a 3-tiered communication with a letter and inspection, a 30-60 day certified notice of violation, and if necessary, a stormwater violation sent to Code. The key to the success of the program is staff dedication to a proactive approach, customer service, and working in unison with swale maintenance. Once a resident makes contact with staff the replacement of the culvert pipe has two options : • Replace the culvert without using the CAP program. o Contact the Drainage Supervisor to obtain a permit o The owner may do their own replacement as an "owner builder" without hiring a contractor. If the property owner hires a contractor, they must be a licensed and insured 17 1 BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM contractor authorized to work within the County; this protects everyone involved. • Begin the process of applying for the Culvert Assistance Program o Contact the MSBU Coordinator o Culvert Assistance Program application and process o Contact the Drainage Supervisor to obtain a permit o A licensed and insured contractor authorized to work within the County must do the replacement. The Culvert Assistance Program offers competitive financial assistance to homeowners confronting the challenge of driveway culvert failures, a prevalent issue within unincorporated St. Lucie County. The compromised culverts have been identified as a critical concern, given their potential to degrade drainage efficiency and negatively impact water quality. The program is available to residents who live in a single-family or duplex home on an unincorporated St. Lucie County parcel and live on a county -maintained roadway. The program aims to replace existing culverts, so new home construction is not eligible. The Culvert Assistance Program offers the short-term benefit of the replacement of failed culverts, thereby directly improving the drainage systems and water quality for individual homes. Also the long-term benefit of a wide -scale environmental betterment by enabling homeowners to replace failed culverts, and collectively improving our drainage and water quality to contribute to a healthier, more sustainable community. Since the beginning of the program, 66 culverts have been successfully replaced. In the first three quarters of 2023, 41 replacements have been completed and there are 29 pending applications, in addition to 5 replacements from 2021 and 20 from 2022. Staff is proposing a $305,000 budget adjustment in Fiscal Year 2024 by reallocating stormwater reserve funds due to the success and positive reception of the Culvert Assistance Program. The additional funds would allow for the replacement of an estimated 30 to 40 culverts, expediting infrastructure improvements. Staff recommended Board approval of a supplemental increase in funding to the CAP program via stormwater funds in the amount of $305,000.00 to ensure the program's continuation into fiscal year 2024. The Board did not have any questions or comments on this item. H IIIULIUI I VVd.'j IIICIUC LU CIPPI UVC JLdl l I UL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIy. 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 13. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Joint meeting with the St. Lucie Village Board to discuss various topics on Tuesday, August 22, 2023, at 10 a.m. in the Commission Chambers of the Roger Poitras 181Page BOCC Regular Meeting Tuesday, August 15, 2023 9:00 AM Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a meeting regarding mining on Tuesday, August 22, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 5, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Tentative Budget Hearing on Thursday, September 7, 2023, at 6 p.m. 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 10:47 AM. 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. 19 1 P a g