Loading...
HomeMy WebLinkAboutMinutes 09.05.202391rc LUCE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 5, 2023 1. CALL TO ORDER Convened: 6:00 PM Adjourned: 8:50 PM The meeting was called to order at 6:00 PM by Chair Cathy Townsend, District No. 5. (Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney III Rubi Dial, Assistant County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Jennifer Hance, Housing Manager Rebecca Olson, Solid Waste & Public Utilities Director Aimee Cooper, Environmental Resources Planner Barbara Guettler, Public Works MSBU Coordinator Kori Benton, Planning & Development Services Planning Manager Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Townsend closed public comment. 7. PROCLAMATIONS APPROVAL A. Resolution No. 23-137 - Proclaiming the week of September 17-23, 2023 as "Constitution 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 Co -Chairs of Constitution Week, uonna IVeiaicn ana NIKKI r oiieaa, wno inanKea ine t5oara ana accepiea ine proclamation. 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. Resolution No. 2023-138 - Proclaiming September 2023 as "Hunger Action Month" 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 Hunger Action Month Committee Members Debra Neuteld, and Laura Piccard, who thanked the Board and accepted the proclamation. 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 8. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. 2 1 P a g E BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM I 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 A. Board of County Commissioners minutes for the BOCC Regular Meeting of July 11, 2023. B. Board of County Commissioners minutes for the BOCC Special Informal Meeting of July 12, 2023. C. Board of County Commissioners minutes for the BOCC Regular Meeting of July 18, 2023. D. Board of County Commissioners minutes for the BOCC Special Informal Meeting of August 1, 2023. E. Board of County Commissioners minutes for the BOCC Regular Meeting of August 1, 2023. - ATTACHMENT ADDED F. Board of County Commissioners minutes for the BOCC Special Meeting of August 22, 2023. - ATTACHMENT 9. CONSENT AGENDA H IIIULIUII WdJ IIIdUC LU dUUYL LIIC L.UIIJCIIL dt;CllUd, dIIU IL YdJJCU UIIdIIIIIIUUJIy. APPROVE IRESULT: MOVER: Commissioner District 4 Jamie Fowler I SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 45 - 47 Adopted by Consent Vote B. ADMINISTRATION 1. Ratify Policy Proposal to Florida Association of Counties Staff recommended that the Board ratify the policy proposal submitted to the Florida Association of Counties. Adopted by Consent Vote 3 BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM C. AIRPORT 1. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 451511-1 10R Safety Ditch Relocation Design $120,000.00 Staff recommended approving FDOT's Public Transportation Grant Agreement (PTGA) FM 451511-1 10R Safety Area Ditch Relocation Design for $120,000.00 with a County Match of $30,000.00. 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) Staff recommended the Board consent to the ground sublease between Fort Pierce FBO LLC and Hangar 3163 LLC and authorize the Chair and County Attorney to sign the required documents. Adopted by Consent Vote 3. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 451512 10R Safety Area Clearing and Grubbing $80,000.00 Staff recommended approving FDOT's Public Transportation Grant Agreement (PTGA) FM 451512 10R Safety Area Clearing and Grubbing $80,000.00. Adopted by Consent Vote 4. Contract C20-03-306 Work Authorization#7 C&S Engineers Airport Commercial Parking Lot Final Design & Bid Services $159,976.00 Staff recommended approval of Work Authorization 7 under contract C20-03-306 with C&S Engineers in the amount of $159,976.00 and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) FM 453345-1 Construction Taxiway E Realignment / Taxiway C4 and C5 Demolition $3,944,480.00 Staff recommended approving FDOT's Public Transportation Grant Agreement (PTGA) FM 453345-1 Construction Taxiway E Realignment / Taxiway C4 and C5 Demolition for $3,944,480.00 with a FDOT's State portion of $197,240.00 (5%), County Match of $197,240.00 (5%), FAA portion $3,550,000.00 (90%). Permission for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 6. Bid Award 23-013 Airport Operations Area (AOA) Fencing and Gates Improvements - Phase II to Phoenix Fence Corp $691,606.00 4 1 P a g E BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Staff recommended approving Bid Award 23-013 Airport Operations Area (AOA) Fencing and Gates Improvements Phase II to Phoenix Fence Corp for $691,606.00 and permission for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. COUNTY ATTORNEY 1. Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY 2023-2024 Staff recommended that the Board approve the Interagency Agreement with the Department of Juvenile Justice (DJJ) for the operation of the Juvenile Assessment Center for FY 23/24 and authorize the Chair to sign the agreement as prepared by the County Attorney's Office. Adopted by Consent Vote 2. Second Amendment to Interlocal Agreement between St. Lucie County and the Reserve Community Development District Staff recommended that the Board approve the Second Amendment to the 1992 Interlocal Agreement and authorize the Chair to sign the agreement. Adopted by Consent Vote 3. After the Fact Revocable License Agreement - 178 Imperial Way - Bel -Aire Estates - Fatima Mahinay Vozar and Bryan Vozar - Parcel ID 1312-701-0057-000-7 Mr. and Mrs. Vozar have requested an "After the Fact" Revocable License Agreement to keep their 4' wood fence at its present location on either side of their driveway, within the County's right-of-way of Imperial Way. 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, 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. and Mrs. Vozar pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 209 NE Jordain Road - River Park - Unit 9 - Part B - Jonathan Stewart - Parcel ID 3419-565-0033-000-1 Mr. Stewart has requested a Revocable License Agreement to install a 6' wood fence along the 5 1 P a g E BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM northwest side of the property, within the County's 6' Drainage/ Utility Easement, a 6' wood fence along the northeast side of the property, and a double gate on the southeast side of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 14, Page 47. 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, 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. Stewart pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 8501 Lakeland Boulevard - Lakewood Park - Unit No. 8-A - James Luciano - Parcel ID 1301-609-0006-000-8 Mr. Luciano is requesting a Revocable License Agreement to install a 6' wood fence along the south side of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 47. He understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Luciano pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Revocable License Agreement - 103 East Arbor Avenue - River Park - Unit 3 - Travis Holmes - Parcel ID 3419-515-0016-000-1 Mr. Holmes has 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 226, Page 181. 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, September 5, 2023 6:00 PM Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Holmes pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Revocable License Agreement - 7505 Citrus Park Boulevard - Lakewood Park - Unit No. 7 - Crystal B. Burris - Parcel ID 1301-607-0023-000-7 Ms. Burris is requesting a Revocable License Agreement to install a 6' vinyl fence along the south side of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 13. She understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at 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. Burris pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Revocable License Agreement - 149 Riomar Drive - River Park - Unit 3 - Jimmie and Alma Feliciano - Parcel ID 3419-515-0072-000-1 Mr. and Mrs. Feliciano have requested a Revocable License Agreement to install a 6' vinyl fence with a gate along the north side of the property, a gate along the south side of the property, and a 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 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. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. and Mrs. Feliciano to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. Amendment No. 1 to the February 24, 2005 Memorandum of Agreement - Pedestrian Overpass Bridge ►IR: LIZLIJ~I831 7 1 P a g e BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Based on the intent referenced above, staff recommends that the Board approve Amendment No. 1 and Resolution No. 23-150 and authorize the Chair to sign the amendment and the resolution. Adopted by Consent Vote 10. Resolution No. 23-153 - Recognizing and Congratulating Council on Aging of St. Lucie, Inc. on its 50th Anniversary in St. Lucie County, Florida. Adopted by Consent Vote Chair Townsend pulled item for separate comment. E. COMMUNITY SERVICES 1. Award of Request for Applications (RFA) No. 23-071 Notice of Funding Availability and RFA for Local Government Area of Opportunity Funding in Conjunction with Florida Housing Finance Corporation RFA 2023-201 Staff recommended the Board commit $460,000.00 to Blue Sky Communities for the LGAO required by the Florida Housing Finance Corporation for RFA 2023-201; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement with Mr. Hutchinson for Platt's Creek Mitigation Area Staff recommended Board approval of work camper agreement with Tom Hutchinson and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. LIBRARY SERVICES 1. Permission to Apply for State Aid for Libraries FY24 Staff recommended Board approval of the annual State Aid to Library Grant application, with the Certification of the Library Directors Credentials, required Annual Service Plan, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. DVD Selection and Purchasing Criteria Policy - Revision Staff recommended Board Approval of the revised DVD Selection and Purchasing Criteria Policy. Adopted by Consent Vote H. OFFICE OF MANAGEMENT & BUDGET 8 1 P a g e BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM 1. Request for Qualifications (RFQ) No. 23-050 - Construction Manager at Risk for Taylor Dairy Road Water Treatment Facility Staff recommended Board approval of the short-listed firm for RFQ No. 23-050 and permission to: • Conduct contract negotiations with Wharton -Smith, Inc. Adopted by Consent Vote I. PARKS, RECREATION & FACILITIES 1. Fixed Asset Inventory - Property Record Removal and Donation of Vehicle Staff recommended Board authorization to remove property record #415881 (2007 Chevrolet Impala, Vin #2G1WS55R079324633, License Plate T15295 and mileage is 127,589) and property record #414810 (2010 Chevrolet Impala, Vin #2G1WD5EM4A1250122, License Plate 124434 and mileage is 125,726), from to remove the fixed assets(vehicles), as listed on the attached form, from the inventories of St. Lucie County Board of County Commissioners and donate the vehicles to the St. Lucie County Sheriff's Office. Adopted by Consent Vote 2. Lakewood Park Potable Water Project - Eastern Pipeline Construction Inc. Order No. 2 to Contract C21- 07-459 in the amount of $12,547.15 Staff recommended Board approval of Change Order No. 2 to Contract C21-07-459 with Eastern Pipeline Construction Inc. and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Wavier for Safe Kids St. Lucie Inc, Inaugural Saddle Up for Safety Event - Request to Waive Facility Use Fees for the Havert L. Fenn Center in the Amount of $900.00 Staff recommended Board approval to waive the facility fee of $900.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote IA111.111[4clf_194 VA 1. Amendment to the Memorandum of Agreement Between Florida Division of Emergency Management and St. Lucie County Regarding State -Owned Generators Staff recommended Board acceptance of the amendment to the memorandum of agreement between Florida Division of Emergency Management and St. Lucie County for the Caterpillar XQ125 generator, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 01 BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM K. PUBLIC UTILITIES 1. Award Work Authorization No. 23 - Emergency Compliance Assistance for Fiscal year 2023/2024 — As Needed Staff recommended Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 23 under Contract C19-09-790 for professional engineering services for a combined not -to -exceed total cost of $200,000.00. Adopted by Consent Vote 2. New Solid Waste Full -Time Employee (FTE) To ensure sufficient staffing levels (Strategic Plan Objective 3.1, Align resources with infrastructure needs to ensure preventative maintenance and future resilience), ensure all persons are working meet the highest standards of qualification (Strategic Plan Objective 1.1, Attract and retain an exceptional workforce), and to create the safest work environment possible, SLCSW is requesting to reclassify two (2) existing solid waste positions into three (3) positions. To complete this request, SLCSW is requesting one (1) additional FTE. Staff recommended board approval. Adopted by Consent Vote L. PUBLIC WORKS 1. Melville Road Phase I — Construction of Driveways — Final Acceptance Staff recommended the Board's acceptance of the Melville Road Phase I — Construction of Driveways Project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 2. Request for Work Authorization - Construction Engineering and Inspection (CEI) Services -Repairs to the Pedestrian Bridge over SR 70 (Okeechobee Road) Staff recommended Board approval of the Work Authorization for Construction, Engineering, and Inspection (CEI) Services provided by Johnson, Mirmiran & Thompson, Inc. in the amount of $108,280.00 and authorizes the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 3. Award of Bid No. 23-058 - Repairs to Pedestrian Bridge over SR 70 (Okeechobee Road) Staff recommended Board approval of the Bid Award to Razorback, LLC with a total bid amount of $342,078.00. for the S.R. 70 Pedestrian Bridge Repairs project and authorize the Chair to sign documents approved by the County Attorney. 101Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Adopted by Consent Vote M. TRANSIT 1. Florida Commission for the Transportation Disadvantaged (FCTD) - FY 2023-24 Innovative Service Development Grant Award (Direct Connect) - Budget Resolution and Grant Acceptance The 2023 Florida Legislature appropriated funds from the Transportation Disadvantaged Trust Fund to administer the Innovative Service Development Grant program. The St. Lucie County Transit Department was selected and awarded funding for an innovative after-hours transportation program, Direct Connect, which furthers the mission of the aforementioned criteria. The total project cost is $500,000.00. This amount is comprised of the state allocation of $450,000.00 from the FCTD with a local match of $50,000.00 from the Transit MSTU. Staff recommended Board acceptance of the state fiscal year 23/24 Direct Connect Grant and authorization for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Award of Bid No. 23-055 Purchase and Installation of Driver Barriers The Transit Department receives annual allocation grants from federal and state agencies which provide funding to construct/purchase construction supplies and provide enhanced safety and security to the transportation network and transit system. Staff recommended Board acceptance for the purchase, delivery, and installation of commercial grade transit bus driver barriers, award of Bid No. 23-055 to Queen City Engineering & Design, PLLC. in the amount of $94,950.00; and authorization for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Public Hearing - Ordinance No. 2023-010 - 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" Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. On July 6, 1999, the Board created, by Ordinance No. 99-07, an Art in Public Places program, a self -tax for certain projects, where a percentage of the fee paid for a County -owned building is set aside for public art. With some exceptions, it cannot be used on grants, transportation, etc. In fiscal year 2022, the Art in Public Places Trust Fund increased by $17,944.78, and over the last 3 fiscal years, the fund had an average increase of $16,625.39 annually. There have not been any disbursements from this fund since 2014. When Art and Public Places began, a committee was created to disperse the funding. The staff is recommending 11 1 P a g BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM sunsetting an Art in Public Places Committee, not the trust fund, using the current fund balance of a little over $179,000 to repair, maintain, keep inventory, and ensure the current artwork previously purchased and to advertise the artwork so the public is aware of the public art throughout the County. Staff recommended the Board adopt the proposed ordinance. 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. `% IIIVLIVI I WdD IIIQUC LV CI f.Jf I VVC JLCYI I I %=%-Ul III1 MI IUCIIIVI IJ, CYI IU IL PCIJJCU UI ICYI III IIVUJIy. 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 2. Public Hearing - Resolution No. 2023-121 - Solid Waste Final Assessment Resolution Katherine Barbieri, Assistant County Attorney III, and Rebecca Olson, Solid Waste & Public Utilities Director presented this item to the Board. The Board initially levied a recurrent annual assessment on residential properties within the County Solid Waste Urban Service Area to include solid waste fees on property tax bills in September 2004. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. On July 11, 2023, the Board adopted Resolution No. 23-061, which was a preliminary assessment resolution, that initiated the process required to impose solid waste assessments for the fiscal year commencing October 1, 2023. The preliminary assessment resolution scheduled a public hearing to consider adopting the final resolution approving the solid waste assessment roll for the fiscal year 2023-2024 and directed the mailing and publication of notices to all affected property owners, which has been completed. The proposed Solid Waste Final Assessment Resolution concludes the process required to impose solid waste assessments for the fiscal year commencing October 1, 2023. The resolution rate of $385.44 a year per dwelling unit. The resolution also provides the maximum rate that can be charged in future fiscal years, but not this year, without notice will be $485.00 per dwelling unit. It proposes the assessment roll for said fiscal year to be collected and directs the delivery of this roll to the Tax Collector for collection of the assessments on the 2023 property tax bill. The Board may vote to assess a lower rate of assessment for fiscal year 2023-2024. Staff is recommending that the Board adopt the Solid Waste Final Assessment Resolution. Ms. Olson advised the proposed assessment is not new but is an increase to an existing assessment. The proposed increase is $105.48 or the equivalent of $8.79 per month. In October 2022, Waste Pro requested an increase and the Board approved the increase with the following conditions: • St. Lucie County Solid Waste would absorb the first year of the proposed increase of approximately 12 1 P a g BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM $1,098,633.60 to measure performance to minimize the financial risk and impact to residents. • If, during the first year of the amendment, Waste Pro exceeded $150,000 in fines, phase 2 (2nd year) of the proposed increase would not be authorized. • If, during the first year of the amendment, Waste Pro met the performance requirements set forth in the amendment, the assessment would be raised to the full amount in October of 2023. • Additionally, the Board approved the use of fine monies in escrow and recycling commodity revenue to cover the CPI increase to Waste Pro in fiscal year 2022 in lieu of passing the CPI through to residents. Since October 2022, Waste Pro has met the performance requirements outlined in the amendment, and the total fines incurred were $10,550 in fiscal year 2023. The rates are still competitive within the area. In the City of Port St. Lucie, is increasing to $432.67 for once -per -week garbage pickup, Martin County will increase to $421.65 for twice -per -week pickup, and the City of Palm Coast will increase to $387.84 for twice -per - week pickup, which is comparable to the County. This will be effective October 1, 2023. Solid Waste is requesting to raise the cap of the assessment to $485 to allow for future CPI increases per the Waste Pro contract. However, only an assessment of $385.44 is requested for fiscal year 2024. If another increase is requested, it will come back to the Board for approval. Staff provided an assessment to compare it to other common monthly service bills residents may have. In October 2022, Waste Pro requested a total increase of $8.79 per month ($105.48 per year) over 2 years on the collection component of the residential assessment in a phased approach. Last year, the County absorbed the increase to monitor performance and since Waste Pro has met the performance requirements, the year one and year two increases will be passed through the residents. As previously advised, out of the monthly cost of $32.12 Waste Pro will receive $28.00 and the remaining goes to administrative fees including the Tax Collector and Property Appraiser. Commissioner Townsend questioned Okeechobee County's assessment cost. Staff advised Okeechobee County is currently around $300 per year and will be increased on October 1, 2023, to $360.96 for once -per - week garbage collection, once -per -week yard waste collection, and no curbside recycling. Commissioner Dzadovsky questioned the reason for the assessment versus sending a monthly bill and the projected cost of another landfill. Staff advised a monthly bill is a large expense and sending an assessment letter to notify residents costs the County just under $14,000, which saves money on invoicing and prevents the cost from being passed to the residents. The fees are for a collection assessment and the County is acting as a third party between residents and Waste Pro for garbage pickup. Waste Pro pays for the disposal of the garbage and it is retained at St. Lucie County landfill. An additional land file would cost an estimated $850 million with the need for 1,000 acres of land, with the permitting process and construction, which would be a cost of all St. Lucie County residents as a service fee. Commissioner Leet questioned the last time Waste Pro employees had a raise. Staff advised last year that the cost was absorbed by the Solid Waste Division, and they received a $3 increase from the prior year. There was a discussion regarding the maintenance of trucks, retaining drivers, natural gas costs, employee raises, and resident notification of changes. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. 131Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM • Thor Welhaven • Marcia Ducharne-DosSantos • Clarence Abraham • Gary Mardes • Brett Hancock • Raymond Harless • David Aylsworth With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board addressed the concerns of the public regarding trash pickup days, assessment increases, Waste Pro services/contracts, tax bills, tree trimming waste, and construction/renovation waste, waste services going out for bid. Staff commented and provided a contact number for additional questions and comments from the public (772) 462-1768. Eddie Jesus, Division Manager of Waste Pro, commented on the concern of County residents and advised service issues will be taken care of when notices are received, additional trucks, Waste Pro contracts, pick- up schedules, and employees. `% I I IULRJI I WdD I I IQUC LU CI f.J f.JI UVC JLCYI I I %=%_Ul I II I ICI IUCILlUl IJ, CYI lu upul I lull L.Clll, LI M I I IULlUl I PCYJJCu ul ICII III I IVUJIy. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7:33 PM - Recess taken 7:45 PM — Meeting Reconvened B. COMMUNITY SERVICES 1. Public Hearing - Inventory List of Publicly Owned Property Appropriate for Affordable Housing - ATTACHMENT AMENDED Jennifer Hance, Housing Manager, presented this item to the Board. The Live Local Act was signed into law on March 29, 2023, amending Florida Statute Section 125.379 requiring it by October 1, 2023, and subsequently, every 3 years after, the County prepares an inventory list of all property, real property owned by the County or Dependent Special Districts that are appropriate for affordable housing. The staff has identified 11 properties appropriate for affordable housing. The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be used for affordable housing through a long-term land lease requiring the development and maintenance of affordable housing; offered for sale and the proceeds used to purchase land for the development of affordable 14 1 P a g BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM housing. It can be old with a restriction that requires the development of the property as permanent affordable housing, or donated to a nonprofit housing organization for the construction of permanent affordable housing. Staff recommended Board approval of Resolution No. 23-141 establishing the inventory list of properties owned by St. Lucie County appropriate for affordable housing, 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. A mntinn xniac marla to annrnva staff rarnmmanrlatinnc and it naccarl imanimnimix/ RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Comprehensive Plan Text Amendment - Lennar Homes Proposal to amend the Towns, Villages & Countryside (TVC) Element - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 10/3/2023 BOCC MEETING Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Land Development Code amendment to the October 3, 2023 BOCC meeting agenda. Staff recommended the Board consider that request and continue the 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. The Board did not have any questions or comments on this item. A motion was made to approve the staff recommendation to continue the item to the October 3, 2023, Regular Meeting Agenda, or soon thereafter, and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler 15 1 BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM NAYS: None EXCUSED: None Land Development Code Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Overlay - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 10/3/2023 BOCC MEETING Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Land Development Code amendment to the October 3, 2023 BOCC meeting agenda. Staff recommended the Board consider that request and continue the 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. The Board did not have any questions or comments on this item. A motion was made to approve the staff recommendation to continue the item to the October 3, 2023, Regular Meeting Agenda, or soon thereafter, and it passed unanimously. RESULT: CONTINUE 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 D. PUBLIC WORKS 1. Culvert 2023-07 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In 2021, the Board established a Culvert Assistance Program to provide property owners the option to apply for and receive funding to improve or repair culverts and then repay this funding through the imposition of a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. The proposed resolution is the assessment as required by County's Ordinance No. 21-004, as amended. The purpose of the resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the culvert MSBU, determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, and approve the assessment roll. Staff recommended Board approval of Resolution No. 2023-140, the Culvert 2023-07 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. 161Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. Chair Townsend commented on the program and its benefits to property owners. The Board has no further questions or comments. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. River Park 2 Streetlighting District Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The assessment amount for each parcel within a Street Lighting District (SLD) is calculated by dividing the total estimated cost to provide street lighting services to the district by the number of parcels contained in each district. Per County Ordinance, Chapter 40, Section V, in the event the proposed assessment for any parcel of property exceeds the maximum amount noticed as provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to the adoption of the annual assessment resolution. Due to increases in the cost of providing street lighting services, the River Park 2 Street Lighting District requires a public hearing to be held prior to the adoption of the 2023 assessment roll. The maximum annual assessment amount, as established in Resolution No. 10-179, was $40.77 per dwelling unit per year. The proposed annual assessment amount to be levied on the November 2023 tax roll is $49.78. Staff recommended Board approval of the River Park 2 Street Lighting District (SLD) 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. Chair Townsend commented and advised the assessment would be increased by $9.00 per year. The Board had no further questions or comments. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None 17 1 BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM I EXCUSED: None I 11. REGULAR AGENDA A. COUNTY ATTORNEY 1. Pinelands Preserve Access - Kimley Horn - Proposal to Design/Permit Alternate Access Item presented in conjunction with 11.A.2. Daniel McIntyre, County Attorney, presented this item to the Board. In the late 1990s, St. Lucie County acquired approximately 750 acres located south of SR 70 and east of Bluefield Road, known as Pinelands Preserve. At the time of acquisition, the County obtained title insurance insuring the County's right to access the Preserve over our easement known as VPI Road. The Preserve is intended to serve as an environmental resource for County residents, allowing for biking trails, birding, hiking trails, and observation areas. The County received and leverages a state FTC grant. Unfortunately, the County was sued in 2019, by a neighboring property owner who contested the County's right to use the existing access easement which was insured through title insurance. A circuit judge entered a partial summary judgment in 2021, determining that the legal right of entry to the Preserve did not exist from the existing access easement. The County's claim for a prescriptive easement is pending before the Court and has yet to be adjudicated. Due to the uncertainty surrounding the County's right to use the existing access easement. The staff has searched for alternate access points and a potential site formally known as the East property, now owned by the South Florida Water Management District, and has secured a right of access through it. The County will need the design permits to construct the alternate vehicular access and proposes to do so with Kimley-Horn, a consulting engineer. This will be an easement off of Okeechobee Road or State Road 70, a parking lot or grass parking lot with a kiosk, providing the ability to walk or horseback ride. A proposal for professional services to design and permit alternate access improvements to the Preserve was received from Kimley-Horn for an estimated $193,315.00 in cost for completion on June 1, 2024. Funding is available in the account. The proposal is an initial step to design and permitting. Once completed, staff will set out for bids for constructing the actual physical improvements. Staff recommended that the Board approve the August 8, 2023, proposal from Kimley Horn and authorize the Chair to sign the proposal. The Board did not have any questions or comments on this item. y motion was mace to aDDrove statt recommencations, anc it Dassea unanimous 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 OR BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM 2. Pinelands Preserve - Proposed Settlement Offer Item presented in conjunction with 11.A.1. Daniel McIntyre, County Attorney, presented this item in conjunction with 11.A.1.to the Board. In the late 1990s, St. Lucie County acquired approximately 750 acres located south of SR 70 and east of Bluefield Road, known as Pinelands Preserve. At the time of acquisition, the County obtained title insurance insuring the County's right to access the Preserve over our easement known as VPI Road. The Preserve is intended to serve as an environmental resource for County residents, allowing for biking trails, birding, hiking trails, and observation areas. The County received and leverages a state FTC grant. When the County acquires property, it is the County's standard practice to have a title agent examine the title and provide title insurance to the County. The County retained a title agent and purchased title insurance when it bought the Pinelands Preserve property. Access to the Pinelands Preserve was through a 1991 easement from Okeechobee Road approximately 2 1/3 miles in length. The title insurance policy insured access to the Pinelands Preserve. Unfortunately, on April 4, 2019, more than 20 years from the date the County acquired the Pinelands Preserve, a neighbor sued the County and another neighbor seeking a declaration that the County could not use the easement of Okeechobee Road for either private or public access. Upon being served with the Complaint, the County forwarded the Complaint to the title insurance company with a request that the title insurance company defend the County under the terms of the title insurance policy. The title insurance company agreed to defend the County under a "reservation of rights" and retained an attorney, Victor Petrescu, Esquire, to defend the County in the litigation. Due to the uncertainty surrounding the County's right to use the existing access easement. The staff has searched for alternate access points and a potential site formally known as the East property, now owned by the South Florida Water Management District, and has secured a right of access through it. The County will need the design permits to construct the alternate vehicular access and proposes to do so with Kimley-Horn, a consulting engineer. This will be an easement off of Okeechobee Road or State Road 70, a parking lot or grass parking lot with a kiosk, providing the ability to walk or horseback ride. A proposal for professional services to design and permit alternate access improvements to the Preserve was received from Kimley-Horn for an estimated $193,315.00 in cost for completion on June 1, 2024. Funding is available in the account. The proposal is an initial step to design and permitting. Once completed, staff will set out for bids for constructing the actual physical improvements. County staff has tried to keep the title insurance company aware of the County's efforts to obtain alternate access to the Pinelands Preserve, including providing the title company with a copy of the Kimley Horn proposal. After receiving a copy of the Kimley Horn proposal, the title company submitted a settlement offer to pay the County $100,000.00 in exchange for a complete release of the claim. Although the County staff appreciate their willingness to try to settle the claim. It's difficult to recommend that the Board accept the settlement offer without knowing the full cost of designing, permitting, and constructing the alternate access. The cost of designing and permitting exceeds the amount of the settlement offered and doesn't include the cost of constructing the access, which is unknown at this time, and will not be known until the conceptual access plans are prepared and until the bid process is completed. Staff recommended that the Board reject the proposed settlement offer. The Board did not have any questions or comments on this item. 19 1 BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM A motion was made to approve staff recommendations, to reject the proposed settlement, 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 3. Grant Award - District 19 Medical Examiner Facility Planning and Design Daniel McIntyre, County Attorney presented this item to the Board. The 2023 Florida Legislature appropriated $1 million in nonrecurring capital outlay funds the grant, to the St. Lucie County Board of County Commissioners for the District 19 Medical Examiner Facility Planning and Design Project. The state agency that will administer the Grant is the State of Florida Department of Law Enforcement (FDLE). The grant funding will be used for the planning and design of a new District 19 Medical Examiner Facility for future construction. The Grant is a cost reimbursement agreement. The County is responsible for the two tasks and activities. The hiring of a professional design/architectural team to examine the needs of the new facility; and overseeing the selected firm in developing the plans, and specifications, and providing construction plans. The County must provide monthly Performance Reports to the Florida Department of Law Enforcement attesting to the progress towards deliverables and validate the required minimum acceptable level of service performed. Staff recommended that the Board approve the grant award and authorize the Chair to sign the grant award. Staff also recommends that the Board authorize the Chair to send a letter to the County's legislative delegation thanking the delegation for their efforts in securing the grant for the benefit of the County and the District 19 Medical Examiner. Chair Townsend commented and thanked the elected representatives in Tallahassee. The Board had no further question or comment on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. Contract with JL2 Architecture - Medical Examiner District 19 Facility - Space Needs Analysis 201Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Daniel McIntyre, County Attorney, presented this item to the Board. On November 15, 2022, St. Lucie County approved an interlocal agreement for a proposed medical examiner facility. The interlocal agreement was also approved by the Medical Examiner for the 19th Judicial Circuit, the District Board of Trustees of Indian River State College, Indian River County, Martin County, and Okeechobee County. The interlocal agreement was predicated on the Medical Examiner's declared need for a new medical examiner's office. The Interlocal Agreement provides that St. Lucie County is designated to serve as the contract manager in the procurement process to design and construct the new facility. JL2 Architecture was the top -ranked firm on the Committee. On March 21, 2023, the Board approved the shortlisted firms and authorized staff to negotiate a contract with JL2 Architecture. The proposed cost of the Phase 1 Study is an amount not to exceed $139,000.00. Funding will be available on a reimbursement basis from a Grant Award from the State of Florida Department of Law Enforcement. The new facility will be located at the Fort Pierce Campus of Indian River State College, and the Board approved a ground lease on August 15, 2023. Staff recommended that the Board approve the contract with JL2 Architecture, and authorize the Chair to sign the contract and authorize JL2 to proceed with the Phase 1 Space Needs Analysis. Vice -Chair Bartz commented on the new medical examiner facility and history. The Board had no further questions or comments. FA IIIULIUI I VVd.'j IIICIUC LU CIPPI UVc JLCII I I UL.UIIII IICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III IIUUJIy. 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 5. Aero Shade Technologies, Inc. - Stipulation - Eviction/Notice of Default - UPDATE TO BE PROVIDED BY STAFF Katherine Barbieri, Assistant County Attorney III, 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 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. An assistant manager from Aero Shade (Laurie Moore) 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. On August 15, 2023, staff requested permission to proceed with the eviction of Aero Shade Technologies, Inc. The Assistant General Manager (Laurie Moore) of Aero Shade Technologies, Inc. appeared before the Board and advised she had been updated on the lease as requested to resolve the issue. The Board provided the company with extended time for employed employees and directed staff to meet with Ms. Moore to discuss a 211 Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM performance bond agreement for the items Aero Shade Technologies, Inc. had not completed (demolition, cleanup, foundation improvements). The staff provided the Board with an update and advised a meeting be scheduled with Ms. Moore and the contractor who had an open permit with Aero Shade Technologies, Inc. on August 18, 2023. The staff expressed concerns and asked the Aero Shade Technologies, Inc. representative (Ms. Moore) if they could provide the bond and correct the issues with an agreement to new rental pricing as established by an appraiser. Ms. Moore said she would need to speak with the owner of Aero Shade Technologies, Inc. (John Manchec) and would get back to staff to confirm all items and would provide feedback by August 22, 2023. The staff had not received a response from Ms. Moore. The Airport Director, Cameron Howard, reached out to Ms. Moore with no response. On August 23, 2023, Mr. Manchec, the owner of Aero Shade Technologies, Inc. emailed staff and requested a teleconference with Ms. Moore and staff that was scheduled for August 25, 2023, which was canceled by Ms. Moore and there has been no contact with either party since. 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. Chair Townsend commented on the chances the Board provided Aero Shade Technologies in an effort to build the Airport. She passed the gavel and made a motion to approve staff recommendations. The Board had no further questions or comments. Chair Cathy Townsend passed the gavel to Vice -Chair Linda Bartz. Commissioner Townsend made a motion to approve (staff recommendations), and it passed unanimously. After the vote, Vice -Chair Bartz passed the VCI UCIL.R LU %_UI I II I II.'JJIUI ICI IUVVI IJCI IU, dI IU .13I IC IULCIII ICU IICI Pu.-JILIUII d.-3 1.1 ldll. 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 B. PLANNING & DEVELOPMENT SERVICES 1. Major Adjustment to the Major Site Plan known as Majestic Bay approved for a twenty-four (24), 3- story Multi -family Unit Development - 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, Lee Dobbins, and Matt Madrazo. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff, Lee Dobbins, and Matt Madrazo. Chair Cathy Townsend - Spoke with staff and Lee Dobbins. 22 1 P a g BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Kori Benton, Planning & Development Services Planning Manager, and Aimee Cooper, Environmental Regulations Manager, presented this item to the Board. A major site adjustment, with a concurrent adjustment to the existing Category I Wetland Waiver, to expand the building footprint to (24) by 3ft. each, and integrate an amenity center. The Majestic Bay development will provide 24 residential units, a 3-story, multi -family development with a boardwalk to a 12-slip boat dock with associated parking, drainage, and utility infrastructure at 10251 S. Ocean Drive in Jensen Beach, approximately 1 mile north of the Martin County border. The 11.11-acre property is zoned Hutchinson Island Residential District (HIRD) and within the Residential Urban future land use category. On May 17, 2022, the Board authorized the major site plan and a concurrent Category I Wetland Waiver for the development. The approved plan preserves over 5.5 acres of wetlands and 1.7 acres of buffers to assist with the natural state environmental protection filtration of stormwater on -site. In the approved plan, the 24 units are provided amongst 12 duplex units isolated and concentrated on the far east side of the development in a compact form to preserve the wetlands for a green open space over 50% of the site preservation. The original approved plan provides access directly from State Road A1A, guest parking, and a pedestrian and golf cart pathway over the Category I Wetland to the west with golf cart parking and access to 12 private dock slips to support the residential units. The duplex units with the approved plan are to be spaced 12 feet between each building with a driveway. The proposed petition is to modify the open space area, add amenity centers, and reduce the width or space between each duplex unit by 2 feet to accommodate a modest adjustment to the floorplan design and predominantly retain the design and overall plan. The applicant is proposing an amenity center inclusive of a 1,600 sq. ft. gym, storage building, 1,200 sq. ft. social room, and an 800 sq. ft. pool and a modified pile -supported bridge design for pedestrian, golf cart, and emergency vehicle access to the amenity center while maintaining the 50-foot buffer. The proposed 8-foot wide path with a pile - supported bridge is to be expanded to 12 feet in width to accommodate the Fire District reserved solely for emergency access for those vehicles, golf carts, and pedestrians, and not to be utilized daily by consumer vehicles. The applicant revised the building elevations with the maximum height of the project maintained at 35 feet on the condition of approval as presented. The duplex unit layout is noted for the widening of the units, reducing the separation to 10 feet to maintain compliance with the County's Land Development Code, Florida Building Code, and the Fire District's implementation of the fire prevention code. In coordination with the Development Review Committee, this project has been evaluated since September 2022 and staff is recommending approval based on consistency with the Revised Major Site Plan that conforms to the Standards of Review outlined in St. Lucie County Land Development Section 11.02.07 is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board adopt Resolution 2023-143, approving a Major Adjustment to the Majestic Bay Major Site Plan with a concurrent Wetland Waiver Category 1 Adjustment, subject to the conditions as outlined in the resolution. The staff has some minor revisions to the recommendations. 1. Removing any reference to permitting a future dune crossover that would be planned on the east side of State Road A1A as culminated in condition 3. Which states utilization or improvements for the eastern beach access amenity will require a Site Plan Adjustment (Atlantis III by The Sea), complying with applicable land development code and Comprehensive Plan policies, and shall demonstrate safe pedestrian access. 2. The developer has rights for pedestrian access across a property east to allow future residents the ability to have access to the Atlantic Ocean, which will require collaboration with the condo 23 1 P a g BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM association for design and presentation that would be evaluated at a later date by the Development Review Committee. Staff requested to clarify the adjustment to the conditions of approval to ensure the particular review will occur in the future when the plan is filed. Commissioner Dzadovsky commented and questioned if the living space above the garage would have a sprinkler system in precaution against a fire. Staff advised the Fire District and the County Building Division have been involved throughout the development review process and there is no final architectural floor plan that would determine whether fire suppression systems are required amongst the units. It has recently been permitted in the coastal area for duplex units and 3-story structures absent fire suppression systems, but it depends upon the design of the contents and the space. However, there has been no definitive answer as to whether or not fire suppression will be provided in the units. It is a voluntary consideration, particularly in considering insurance rates and other premiums. But at this time, staff do not have firm guidance. Lee Dobbins commented on behalf of the applicant regarding the development and advised that all of the buildings will have fire sprinkler systems. He said the changes to the wetland waiver/buffers were due to the size of the bridge and amenities added to the upland parcel. The bridge had to be widened and strengthened to allow fire access, whereas before it was to accommodate a golf cart. There was additional discussion regarding the fire district, fire insurance, wetland mangrove maintenance plan, dune trimming permitting, dune crossover, drainage flow, site plan changes, wetland buffers, golf cart bridge/pathway, conservation easements, delay of the approval, and changes to the site plan. With the approval of County Attorney Dan McIntyre, Chair Townsend opened the meeting for public comment at this time. The following Bay Tree residents addressed the Board regarding the proposed site plan revisions, golf cart pathway/bridge widening for emergency vehicles, traffic concerns, notification of the meeting, revocable permitting, delay of the approval, and changes to the original site plan. • Chris Kanakalis • Andrea Keith • Margaret Paul • Paul Buchheim With no one else wishing to address the Board, Chair Townsend closed public comment. Mr. Benton commented on the revocable permit and advised site plans provide a 24-month duration of validity to achieve a building permit. Applicants can petition the County to extend that development order and propose modifications. Upon approval, the major adjustment starts over with a new development order. There are also extension opportunities through the state of Florida and statutes that relate to the Governor's executive orders in response to emergencies. The current active site plan is valid until May of 2024 and upon approval of modifications and the resolution being drafted 24 months, would be the time clock from today's date or a future date. The County's ability to revoke permits or a development order would only occur if there is a violation of the condition of approval. There would need to be a particular or unique circumstance in which a development order or permit would be revoked. 241Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM Chair Townsend addressed the public concern regarding the notification of meetings and advised any agenda item that is not a public hearing does not get a letter and the agendas are advertised 10 days before every meeting which has to be advertised by law. Commissioner Dzadovsky questioned if the development is sold, will the new owners have the ability to come back to the Board and change the setback from 10 feet to 5 feet, or vice versa, if approved on the current agenda. Staff advised there is the ability for applicants and subsequent owners to petition modifications of the site plan to narrow or increase the building separation, or drop units. Nothing is barring an applicant or future owner from petitioning for modifications. The Board can apply reasonable conditions, if presented and affirmed the bridge area is exclusively for pedestrians, golf carts, and fire emergency vehicles pending approval from the Fire District, removable bollards, or some other type of restrictive system that does not allow equal access unless there is an emergency. The access area will be 12 feet wide should the design be approved by the Board. Mr. Dobbins commented on the wetland buffers and separation of property from the Baytree property. He advised the changes made are all minor and are within the County code. Commissioner Dzadovsky asked Mr. Dobbins if the applicant would consider adding a condition to the area of discussion to be labeled and maintained as golf cart access as opposed to vehicles (cars, trucks) except for emergency use only as a condition. Mr. Dobbins advised they would have no problem with the condition of only golf cart usage in the area of discussion other than emergency vehicles. They will also have the requirement placed in the Home Owners Association (HOA) documentation as well. Mr. Benton commented mentioning the condition of approval 9.d. "The applicant is proposing a 12 ft-wide permeable paver section for use by golf carts and emergency vehicles only, which shall not contain organic turf. The Homeowners Association shall prevent use by passenger vehicles". He advised signage can be included along with any moveable carriers conditioned by the Fire District. A motion was made to approve staff recommendations, with the conditions of approval including statements made to enhance that the golf cart access be limited to carts only and not vehicles and placed within the Home Owners Association (HOA) documentation as part of the declaration, and upon roll call, 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 12. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Tentative Budget Hearing on Thursday, September 7, 2023, 251Page BOCC Regular Meeting Tuesday, September 5, 2023 6:00 PM at 6 p.m. 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 an Informal meeting on Tuesday, September 12, 2023, at 9 a.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 19, 2023, at 9 a.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 Special meeting to hold Public Hearings on the Adoption of a Comprehensive Plan Future Land Use Map Amendment and a Zoning Amendment for Oak Ridge Ranches on Tuesday, September 19, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The Board of County Commissioners will hold a Final Budget Hearing on Thursday, September 21, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 8:50 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. 26 1