HomeMy WebLinkAboutMinutes 09.19.202391rc LUCE
(D 0'�)
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
September 19, 2023
1. CALL TO ORDER
Convened: 9:00 AM
Adjourned: 9:56 AM
The meeting was called to order at 9:56 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
Excused
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
Thad Crowe, Planning & Development Services Senior Planner
Tahir Curry, Planning & Development Services Planner I
Kori Benton, Planning & Development Services Planning Manager
Barbara Guettler, Public Works MSBU Coordinator
Benjamin Balcer, Planning & Development Services 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 Meeting
Erosion District Meeting
5. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS
A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
U I Id I I I I I I VUJIy.
RESULT:
APPROVE
MOVER:
Commissioner District 3 Linda Bartz
SECONDER:
Commissioner District 2 Larry Leet
AYES:
NAYS:
EXCUSED:
Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
None
Jamie Fowler
6. PRESENTATIONS
There were no items scheduled.
7. 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.
8. PROCLAMATIONS APPROVAL
A. Resolution No. 23-154 - Proclaiming the 4th Thursday in September as "Treasure Coast Day of Prayer" 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 Chris Fogel who thanked the Board and
dLWfPleU IIIC f lL)(-ldllldllUll.
RESULT:
APPROVE
MOVER:
Commissioner District 2 Larry Leet
SECONDER:
Commissioner District 1 Chris Dzadovsky
IAYES:
Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS:
None
EXCUSED:
Jamie Fowler
9. APPROVAL OF MINUTES
A motion was made to approve all minute sets, and it passed unanimously.
I RESULT:
APPROVE
IMOVER:
Commissioner District 2 Larry Leet
SECONDER:
Commissioner District 1 Chris Dzadovsky
AYES:
Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
I NAYS:
None
EXCUSED:
Jamie Fowler
A. Board of County Commissioners minutes for the BOCC Regular Meeting of August 15, 2023.
2 1 P a g -
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
10. CONSENT AGENDA
A motion was made to adopt the consent agenda, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
Chair Townsend pulled item 10.1.2. for a separate comment.
Commissioner Dzadovsky pulled items 10.C.1-4. for separate comments.
A. WARRANTS
1. Warrant Lists 48 - 49
Adopted by Consent Vote
B. ADMINISTRATION
1.2024 State Legislative Program
Staff recommended that the Board approve the 2024 State Legislative Program and instruct staff, along
with the County's lobby team, to communicate the Board's priorities to our State Delegation.
Adopted by Consent Vote
2. Natural Disaster Recovery Program Act Support
Staff recommended Board support for this Federal legislation and to authorize staff to contact U.S.
Representative Brian Mast's office to ask for his formal support of this bill.
Adopted by Consent Vote
3. Inmate Medical Local Bill - ADD ON
Staff recommended that the Board approve moving forward with the legislative process to enact the
proposed local bill.
Adopted by Consent Vote
I:4ff_110:101.41
1. Award of Bid No. 23-041 Tailwind Drive Extension
Staff recommended award of Bid 023-041 Tailwind Drive Extension (also known as Southside Rd
Extension) to Environmental Land Development in the amount of $559,922.00 and permission for the
Chair to sign documents as approved by the County Attorney.
3 1 P a g e
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Adopted by Consent Vote
2. Award of Bid No. 23-024 Rehabilitation of Taxiways E, C4 and C5
Staff recommended approval of Bid Award 23-024 to Dickerson Infrastructure, Inc. for $3,989,773.75
and permission for the Chair to sign documents as approved by the County Attorney.
Adopted by Consent Vote
3. Work Authorization 03 under Avcon Contract C20-03-332 for Airfield and Terminal Generator
Construction Phase Engineering Services in the amount of $88,950.00.
Staff recommended approval of Work Authorization #3 with Avcon under Contract C20-03-332 for
Airfield and Terminal Generator Construction Phase Service in the amount of $88,950.00 and
permission for the chair to sign documents as approved by the County Attorney.
Adopted by Consent Vote
4. Third Amendment to Work Authorization #1 with AECOM under Contract C20-03-341 for Reconfigure
Taxiways E, C4, and C5 for $327,960.00
Staff recommended approval of Third Amendment to Work Authorization #1 with AECOM under
Contract C20-03-341 for continued Reconfigure Taxiways E, C4, & C5 related Engineering services in the
amount of $327,960.00 and permission for the Chair to sign documents as approved by the County
Attorney.
Adopted by Consent Vote
D. COUNTY ATTORNEY
1. Mental Health Court Manager Contract with New Horizons of the Treasure Coast for Mental Health
Court FY23-24
Staff recommended approval of the contract as drafted by the County Attorney. Staff recommends that
the Board deem New Horizons as the provider in accordance with F.S. 287.057(3)(e)(6), and renew the
contract with New Horizons of the Treasure Coast, Inc. for staffing the Mental Health Court Manager
positions that work in the Mental Health Court, and authorize the Chair to sign the contract. The
contract will continue services for the next fiscal year (October 1, 2023 - September 30, 2024).
Adopted by Consent Vote
2. Jail Diversion Contract with New Horizons of the Treasure Coast for FY23-24
Staff recommended recommends the Board deem New Horizons as the provider in accordance with
Florida Statutes 287.057(3)(e)(6) and renew the contract with New Horizons for the wrap -around
services that are needed for jail diversion clients to begin October 1, 2023 through September 30, 2024,
approval of the contract as drafted by the County Attorney.
4 1 P a g
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Adopted by Consent Vote
3.2022 Edward Byrne Memorial Justice Assistance Grant
This is a request to have the Chair sign the 51% Letter for the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program.
Staff recommended that the Board authorize the Chair to sign the 51% Letter for the 2022 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program.
Adopted by Consent Vote
4. Ninth Amendment to Interlocal Agreement with Okeechobee County for Pretrial Services
Staff recommended that the Board approve the ninth amendment to the interlocal agreement and
authorize the Chair to sign the agreement as prepared by the County Attorney's Office, contingent upon
Okeechobee County BOCC approval, and with authorization to adjust the contract amount to reflect the
amount finally agreed upon with Okeechobee County.
Adopted by Consent Vote
Revocable License Agreement - 134 NE Estia Lane - River Park - Unit 5 - Jeanette Donnatien - Parcel ID
3419-540-0014-000-5
Ms. Donnatien is requesting a Revocable License Agreement to install a 6' wood fence with a gate along
the east side of the property and a 6' wood fence along the west side of the property, within the
County's 6' Drainage/Utility Easement, and a 4' chain -link fence along the north side of the property,
within the County's 10' Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed
Book 247, Page 37. She understands if the County Engineer determines the fence and gates are causing
flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed
or relocated at her expense.
Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie Utilities Department have
reviewed the license agreement and have no objections.
Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the
agreement and direct Ms. Donnatien pay to record the agreement in the public records of St. Lucie
County, Florida.
Adopted by Consent Vote
6. Road Impact Fee Credit Agreement - Leal Three, LLC - Parcel ID 2319-111-0002-000-0
Staff recommended the Board approve the Road Impact Fee Credit Agreement with Leal Three, LLC,
authorize the Chair to sign the agreement, and record the agreement in the public records of St. Lucie
County, Florida.
5 1 P a g e
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Adopted by Consent Vote
7. Revocable License Agreement - 120 E Aldea Street - River Park - Unit 3 - Gail H. Naimo (LF EST) - Parcel
ID 3419-515-0243-000-1
Ms. Naimo is requesting a Revocable License Agreement to install a 4' chain -link fence with gates along
the southwest and northeast sides of the property, within the County's 6' Drainage/Utility Easement
per the Restrictive Covenants recorded in Deed Book 226, Page 181. She understands if the County
Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in
the area, the fence and gates will need to be removed or relocated at her expense.
Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie Utilities Department have
reviewed the license agreement and have no objections.
Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the
agreement and direct Ms. Naimo pay to record the agreement in the public records of St. Lucie County,
Florida.
Adopted by Consent Vote
8. Revocable License Agreement - 250 W Aldea Street - River Park - Unit 3 - Andrew Marian and Angela
Crouch - Parcel ID 3419-515-0272-000-3
Mr. Marian and Ms. Crouch are requesting a Revocable License Agreement to install a 6' wood fence at
the rear of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence with a
gate along both sides of the property, within the County's 6' Drainage/Utility Easement, per the
Restrictive Covenants recorded in Deed Book 226, Page 181. They understand if the County Engineer
determines the fence and gates are causing flooding, drainage problems, or for other needs in the area,
the fence and gates will need to be removed or relocated at their expense.
Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie Utilities Department have
reviewed the license agreement and have no objections.
Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the
agreement and direct Mr. Marian and Ms. Crouch pay to record the agreement in the public records of
St. Lucie County, Florida.
Adopted by Consent Vote
9. Revocable License Agreement - 117 E Arbor Avenue - River Park - Unit 3 - Gerald Hosley - Parcel ID
3419-515-0009-000-9
Mr. Hosley is requesting a Revocable License Agreement to install a 6' PVC fence along the rear of the
property and a 6' PVC fence with gates along the sides of the property, within the County's 6'
Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed Book 226, Page 181. He
6 1 P a g e
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
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 St. Lucie Utilities Department have
reviewed the license agreement and have no objections.
Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the
agreement and direct Mr. Hosley pay to record the agreement in the public records of St. Lucie County,
Florida.
Adopted by Consent Vote
E. COMMUNITY SERVICES
1. Homeless Advisory Committee Annual Report
Staff recommended Board acceptance of the Homeless Advisory Committee's Annual Report.
Adopted by Consent Vote
F. HUMAN RESOURCES
1. Approval of Budget Transfer to Cover Inmate Medical Expenses
Staff recommended the approval of this request for a budget transfer of an additional $1,000,000.00 to
cover inmate medical invoices not yet realized for FY23 and to apply the funds from account 001-9910-
599301-910000 to the coordinating account 001-2300-531300-230000 for the future expenditures.
Adopted by Consent Vote
2. Resolution No. 23-160 - Amending Employee Handbook by Amending Section 4.11.00 (Vacation Leave -
Eligibility and Accural Rate), Section 4.11.02 (Unused Vacation Leave), Section 4.12.03 (Sick Leave
Termination Pay) and Section 4.13.00 (Shared Sick Leave - General Provisions)
Staff recommended the Board adopt proposed Resolution No. 2023-160 as drafted.
Adopted by Consent Vote
3. Employee Health Insurance Plan - Proposed 2024 Employee Health Insurance Rates
Staff recommended the Board approve the proposed 2024 contribution rates for the Employee Health
Insurance Plan.
Adopted by Consent Vote
G. INFORMATION TECHNOLOGY
1. Laserfiche Products Annual License and Maintenance Services Agreement
7 1 P a g e
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Staff recommended Board approval of the information consultant contract for Laserfiche licensing and
maintenance for one year and authorization for the Chair to sign documents as approved by the County
Attorney.
Adopted by Consent Vote
2. First Amendment to Agreement C22-12-955 with Software House International for Microsoft Licensing
Agreement - ADD ON
Staff recommended Board approval of the First Amendment to the Software House International
agreement for Microsoft Volume Licensing for the addition of new security licenses which will not
exceed $389,368.17 to the existing agreement C22-12-955 and authorization for the Chair to sign
documents as approved by the County Attorney.
Adopted by Consent Vote
3. Security Software Agreement with Carasoft - ADD ON
Staff recommended Board approval of the software security agreement thru Carasoft for three years in
the amount of $506,110.55 and authorization for the Chair to sign documents as approved by the
County Attorney.
Adopted by Consent Vote
H. LIBRARY SERVICES
1. Fatherhood Program
Staff recommended Board approval to waive the meeting room use fee in the amount of $171.12.
Adopted by Consent Vote
(.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
$1,504,662.00.
Adopted by Consent Vote
2. Request for Qualifications (RFQ) No. 23-056, Professional Construction Engineering Inspection Services
for Water Quality Projects - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN
Staff recommended Board approval of the short-listed firms for RFQ No. 23-056 and permission to:
• Conduct contract negotiations with short-listed firms;
• If negotiations are successful, award contracts to the successful short-listed firms and
F•3
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
authorization for the Chair to sign the documents as approved by the County Attorney.
Adopted by Consent Vote
J. PARKS, RECREATION & FACILITIES
1. St. Lucie County Farm Bureau- Fairgrounds Rental Fee Waiver of $802.50
Staff recommended approving the St. Lucie County Farm Bureau's request for a waiver of fees for
Adams Arena in the amount of $802.50.
Adopted by Consent Vote
2. Fixed Asset Inventory - Property Record Removal and Donation of Vehicle
Staff recommended Board authorization to remove property record #406384 (2003 Chevrolet Astro
Passenger Van, Vin #1GNDM19X83B132452, License Plate 212516 and mileage is 54,622) and property
record #408557 (2006 Ford E-350 Super Duty 12-Passenger Van, Vin #1FBNE31LX6DA49486, License
Plate 124317 and mileage is 76,370), 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
3. New Ventrac Tractor with Attachments Purchase - $53,320.44
Staff recommended Board approval to purchase the new Ventrac Tractor and attachments at the price
of $53,320.44 utilizing the Sourcewell Contract Agreement # 031121-TTC.
Adopted by Consent Vote
4. Resolution - Amending Resolution 15-195 - Facility Use Policy to include Public Charter Schools
Staff recommended that the Board approve the resolution and authorize the Chair to sign the
resolution as approved by the County Attorney.
Adopted by Consent Vote
K. PLANNING & DEVELOPMENT SERVICES
1. Approval of Work Authorization No. 9 to Contract C20-01-222 for Kimley-Horn & Associates, Inc. to
Review Traffic and Transportation Impacts of Site Plan Submittals for Various Projects, as Needed
Staff recommended Board approval of the Work Authorization No. 9 with Kimley-Horn & Associates to
provide for traffic and transportation impact reviews for site plan submittals on an as needed basis for
FY24 and permission for the Chair to sign documents as approved by the County Attorney.
Adopted by Consent Vote
9 1 P a g e
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
L. PORT, INLET & BEACHES
1. Resolution No. 23-171 - Port Advisory Committee - Updated Resolution
Staff recommended Board approval of the amended language to Resolution 16-078 for the Port
Advisory Committee, as provided in Resolution 23-171.
Adopted by Consent Vote
M. PUBLIC SAFETY
1. Statewide Mutual Aid Agreement and Resolution
Staff recommended Board approval of the Statewide Mutual Aid Agreement and authorization for the
Chair to sign documents as approved by the County Attorney.
Adopted by Consent Vote
N. PUBLIC WORKS
1. Joint Use Pond Agreement between the Department of Transportation (FDOT) and St. Lucie County —
SR-713 / Kings Highway from North of Commercial Circle to North of St. Lucie Boulevard (FPID 438379-
2-52-01) for the maintenance of certain improvements in perpetuity.
Staff recommended that the Board approve the proposed Joint Use Pond Agreement as detailed in the
provided exhibits and authorize the Chair to sign the Florida Department of Transportation (FDOT) Joint
Use Pond Agreement for FPID 438379-2-52-01, and authorize the Chair to execute the resolution and
agreement and further authorize the County Attorney to execute the resolution agreement by
approving it as to form and correctness.
Adopted by Consent Vote
2. Bell Avenue Sidewalk from South 25th Street to Sunrise Boulevard - Adopt Resolution No. 2023-156 and
Approve FDOT Local Agency Program (LAP) Supplemental Agreement No. 2 to add five (5) Portable
Changeable Message Boards (VMS) Signs to the project due to heavy traffic safety concerns within the
project limits and to protect the traveling public.
Staff recommended that the Board adopt Resolution No. 2023-156 and authorize the Chair to sign the
FDOT Local Agency Program Supplement Agreement #2, FPN 446076-1-58-01 as approved by the
County Attorney.
Adopted by Consent Vote
11. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance No. 23-011 - Amending Article V Noise Control of Chapter 28 "Offenses and Miscellaneous
Provisions" of the St. Lucie Code; Amending Sections 28-108 and 28-111
10 1
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Daniel McIntyre, County Attorney, presented this item to the Board. The Board initially adopted the
County's noise ordinance in 1988, which has been amended several times, in 2002, 2003, and most
recently in 2006. In the interim period, the Florida Legislature has established and updated statutory
provisions related to motor vehicle noise; including, but not limited to, the operation of vehicles on all
state -maintained highways, county -maintained highways, and municipal streets and alleys; the operation
of authorized emergency vehicles; and motor vehicles engaged in professional or amateur sanctioned,
competitive sports. The County is updating the noise ordinance to be in compliance with state law and to
be consistent with the changes and definitions. There is a particular item relating to motor vehicle noise.
The staff is proposing an amendment to clarify that it would not apply to motor vehicles engaged in
professional amateur -sanctioned competitive sports events on a closed motor track in the Special District
with regulatory standards.
Staff recommended that the Board adopt Ordinance No. 23-011 and authorize the Chair to sign the
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.
Fi 111ULIU11 wd.'j 111dUC LU dpp[L)ve JLdl l 1 VLU111111C11Ud11U11.1J, d11U IL PdJ�)eU Ulld111111UUJly.
RESULT:
APPROVE
MOVER:
Commissioner District 3 Linda Bartz
SECONDER:
Commissioner District 2 Larry Leet
AYES:
Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS:
None
EXCUSED:
Jamie Fowler
B. PLANNING & DEVELOPMENT SERVICES
County Initiated Comprehensive Plan Future Land Use Map Amendment to Designate +/- 862.4
acres as CPUB (Conservation Public)
Item presented in conjunction with 11.B.2.
Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board. Following the
public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public
hearing was published in the St. Lucie County Tribune, and courtesy notices were mailed to adjacent property
owners and a notice sign was posted at each preserve. On June 6, 2023, the Board held a transmittal hearing
and voted unanimously to transmit the amendment for review to the Florida Department of Commerce under
the expedited review process. The Florida Department of Commerce issued a letter dated July 21, 2023, that
stated there were no objections to the amendment, and other reviewing agencies also did not object. The
applicant, St. Lucie County, is requesting an amendment to the Comprehensive Plan's Future Land Use Map
from the Agricultural Residential-5, 1du/5ac, Residential Suburban, 2du/ac, and Residential Urban, 5du/ac
designations to the Conservation Public (CPUB) Zoning District for 12 parcels consisting of approximately 862.4
111 Page
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
acres. All but one of the parcels is located inside the Urban Service Boundary in the White City community
south of Ft. Pierce, along the North Fork of the St. Lucie River. Another parcel in the Cypress Creek
preservation area is in the far western portion of the County on the north side of Okeechobee Road,
approximately 4,200 feet east of the Okeechobee County line. The Conservation Public (CPUB) Future Land
Use is intended for lands that exhibit unique environmental characteristics and are owned by federal, state,
regional, or local public agencies. They are intended solely for preservation and/or recreational use. No
residential or commercial development may occur other than related to park service functions. The proposed
parcels were purchased through the Florida Community Trust. The first cycle was in 2013 with 201 parcels to
201 parcels totaling 2,191 acres. This cycle includes 12 parcels totaling 862 acres. The requested Future Land
Use amendment is concurrent with an amendment to the Official Zoning Atlas.
The Board approved the transmittal of proposed amendments to the Future Land Use Map to the State
Planning Agency and other state and regional reviewing agencies. The following agencies presented letters
with no objections: Commerce, Florida Department of Environmental Protection (FDEP), Florida Fish & Wildlife
Conservation Commission (FWC), Florida Department of Agriculture & Consumer Services, and the Treasure
Coast Regional Planning Council (TCRPC). The Planning & Zoning Commission heard this item at their May 18,
2023 meeting and unanimously recommended approval of the subject rezoning amendments. Staff
recommended the Board adopt the amendment to the Future Land Use Map for 12 parcels to Conservation
Public (CPUB).
Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the
Board, Chair Townsend closed the public hearing.
The Board did not have any questions or comments on this item.
A motion was made to approve staff recommendations, and it passed unanimously.
RESULT: ADOPT
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
2. County -Initiated Amendments to the Official Zoning Atlas (Rezoning) for Various St. Lucie County
Preserves - THIS ITEM IS QUASI-JUDICIAL
Item presented in conjunction with 11.B.1.
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this
item:
Commissioner Jamie Fowler -Excused
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.
12 1
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board. Following
the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the
public hearing was published in the St. Lucie County Tribune, and courtesy notices were mailed to adjacent
property owners and a notice sign was posted at each preserve. On June 6, 2023, the Board held the first
hearing on this county -initiated amendment to the Official Zoning Atlas rezoning for various St. Lucie County
Preserves and voted to hold the second adoption hearing for the proposed amendment to the Official Zoning
Atlas. The applicant, St. Lucie County, is requesting an amendment to the Official Zoning Atlas from the
Agricultural Residential-5, 1 du/5ac, Agricultural Residential-1,1du/ac, and Residential Single Family-2, 2
du/ac designations to the Conservation Public (CPUB) designation for 12 parcels consisting of approximately
862.4 acres. All but one of the parcels is located inside the Urban Service Boundary in the White City
community south of Ft. Pierce, along the North Fork of the St. Lucie River. Another parcel, the Cypress Creek
Preservation Area, is in the far western portion of the County, on the north side of Okeechobee Road,
approximately 4,200 feet east of the Okeechobee County line. The Conservation Public (CPUB) Future Land
Use is intended for lands that exhibit unique environmental characteristics and are owned by federal, state,
regional, or local public agencies. They are intended solely for preservation and/or recreational use. No
residential or commercial development may occur other than related to park service functions. The proposed
parcels were purchased through the Florida Community Trust. The first cycle was in 2013 with 201 parcels to
201 parcels totaling 2,191 acres. This cycle includes 12 parcels totaling 862 acres. The requested zoning
amendments are concurrent with amendments to the Future Land Use Map of the Comprehensive Plan and
the CPUB designation.
The Board approved the transmittal of proposed amendments to the Future Land Use Map to the State
Planning Agency and other state and regional reviewing agencies. The following agencies presented letters
with no objections: Commerce, Florida Department of Environmental Protection (FDEP), Florida Fish &
Wildlife Conservation Commission (FWC), Florida Department of Agriculture & Consumer Services, and the
Treasure Coast Regional Planning Council (TCRPC). The Planning & Zoning Commission heard this item at their
May 18, 2023 meeting and unanimously recommended approval of the subject rezoning amendments. Staff
recommended approval to amend the Official Zoning Atlas to designate 12 parcels totaling +/- 862.4 acres as
Conservation Public (CPUB).
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 unanimously.
RESULT: APPROVE
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
3. Able Adult Day Care Center - Request for a Conditional Use Permit to Allow an Adult Daycare Center
131Page
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
with a capacity of up to Eighty (80) Adults within the I (Institutional) Zoning District. The adult day care
is non -medical and will operate from Monday — Saturday, 8:00 am — 6:00 pm at 3525 West Midway
Road, Fort Pierce, Florida. - THIS ITEM IS QUASI-JUDICIAL
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this
item:
Commissioner Jamie Fowler -Excused
Commissioner Linda Bartz - Spoke with staff only.
Commissioner Larry Leet- Spoke with staff only.
Commissioner Chris Dzadovsky - Spoke with staff only.
Chair Cathy Townsend - Spoke with staff only.
Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. Able Adult Day
Care Center, also known as Arbor Village Home, is seeking a Conditional Use approval to allow adult daycare
services within the Institutional Zoning District. Under the public notice requirements of the St. Lucie County
Land Development Code, public notice was advertised in the St. Lucie County News Tribune on September 1,
2023, and notices were mailed to 18 surrounding property owners within a 500 feet radius and a sign was
placed on the subject property. No responses have been received to date. The 1.37-acre petition site has
access to Midway Road and features a previous church known as Lighthouse International Worship Center
church. According to the Land Development Code, adult daycare services are classified under the Standard
Industrial Classification Code 8351 as a Conditional Use within the Institutional Zoning District. To the east,
west, and south of the petition site are Institutional Zoning Districts. To the north, it is located within the
Agricultural, Residential - 1 Zoning District. On May 16, 1992, the Board approved a resolution granting a
change in zoning from Agricultural, Residential - 1 to the Institutional Zoning District. On May 26, 1992, the
Board approved a resolution granting a Conditional Use Permit for a family counseling center, and in 1995 the
conditional use approval was abandoned to permit the existing church. On June 7, 2022, the Board approved
Resolution No. 2022-105, for Lighthouse City Academy & Preschool, Inc., a petition for a Conditional Use
Permit to establish a child daycare service for a phased student capacity for up to 50 children during Phase 1,
with the capacity to expand, up to 74 children which were later abandoned.
Able Adult Daycare will have operational hours from 8:00 a.m. to 6:00 p.m. Monday - Saturday with a
maximum capacity to expand up to 80 adults. There will be 8 employees with a 1 to 10 staff ratio per the
Florida Agency for Health Care Administration. The daycare will be a non -medical facility and adults must be
self-sufficient and do not require special medical attention. The facility will have 23 vehicular parking spaces,
with 2 handicap spaces. The adult seniors will be picked up or dropped off at various times throughout the
day, based on their weekly availability through a third -party transportation service. Lunch and food services
will be catered or available via a limited selection of pre -packaged options and no commercial food prep will
be intended on -site. Also, the interior area shall comply with all the Florida Building Code rules and
regulations for an adult daycare.
On July 20, 2023, the Planning & Zoning Commission held a public hearing and passed a unanimous motion
to forward a recommendation of approval to the Board. This petition conforms to the standards of review
outlined in the St. Lucie County Land Development Code Section 11.07.03 and is consistent with the St. Lucie
County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board of County
Commissioners approve this Conditional Use Permit, subject to the following conditions:
141Page
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
• Should any of the seven (7) oak trees perish within eighteen (18) months, be advised tree mitigation
requirements shall apply at the 4:1 ratio as outlined in LDC 6.00.05.D. Additionally, a landscape plan
shall be submitted in compliance with LDC 7.09.00 to ERD for review and approval.
• Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated
from the site.
• The adult daycare shall not exceed a capacity of 80 adults with periodic monitoring of activities to
ensure operations do not exceed the allowed capacity unless a Conditional Use adjustment is
approved to expand the capacity.
• A Minor Adjustment to the Conditional Use is required for a change in business name and/or
ownership before a Zoning Compliance Certificate is issued.
Commissioner Dzadovsky expressed his concerns regarding the safety of adults with medical issues
(Dementia/Alzheimer's). Tod Mowery, agent for the applicant, addressed the Board and advised them the
facility would be for adult daycare and would not be for memory care or medical issues. Everyone attending
will be required to fill out a medical form that shows the medications they may be taking, but the facility will
not be the same as a nursing home and there will not be a nurse onsite.
The Board had no further questions or comments on the item.
Chair Townsend opened the hearing for public comment at this time. The following people addressed the
Board.
• Tod Mowery (agent)
With no one else wishing to address the Board, Chair Townsend closed the public hearing.
y motion was mace to aDDrove statr recommencations, anc it Dassea unanimous
RESULT: APPROVE
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
4. Kingsgate Center Self -Storage - THIS ITEM IS QUASI-JUDICIAL
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this
item:
Commissioner Jamie Fowler - Excused
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.
15 1 P a P
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. The petitioner, PSC
Storage Holdings, LLC is requesting approval for a Major Adjustment to the Kingsgate Center Planned Non -
Residential Development (PNRD) to include self -storage facilities as an eligible Conditional Use within
undeveloped lots within the Kingsgate Center subdivision. The listed uses under Resolution No. 2019-264 do
not allow for self -storage facilities. Under the public notice requirements of the St. Lucie County Land
Development Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on
September 1, 2023, and notices were mailed to 14 surrounding property owners within a 500 feet radius, a
was placed on the subject property. No responses have been received to date. The overall 11.41-acre
commercial subdivision site is located on the southwest corner of Orange Avenue and Kings Highway
intersection and consists of a Wawa gas station. On December 3, 2019, the Board approved a resolution to
amend the Official Zoning Atlas from Residential, Multiple -Family —11 to the Planned Non -Residential
Development Zoning District and a Preliminary/Final PNRD site plan to be known as Kingsgate Center. The
surrounding properties also consist of Industrial Light and Commercial General zoning designations in the
surrounding area. On November 17, 2021, the Kingsgate Center recorded in Plat Book 99, Pages 24-25. The
site and surrounding area are located within the Future Land Use of Mixed -use Development (MXD) on Orange
Avenue and the 1-95 Mixed -use activity area. The applicants propose a storage facility as a Conditional Use
Permit as provided under the Commercial General zoning designation. The adjustment to include self -storage
facilities as a Conditional Use will not alter the character of the original findings of Resolution 2019-264. The
proposal would be required to comply with the Community Architectural Standards, evaluated as to scale and
intensity, and shall be compatible with the surrounding area. The proposed use will require a site plan and
Conditional Use Permit.
The Planned Non -Residential Development (PNRD) Adjustment conforms to the Standards of Review as
outlined in the St. Lucie County Land Development Code and is consistent with the St. Lucie County
Comprehensive Plan Goals, Objectives, and Policies. Staff recommends the Board approve this request to
include self -storage as an allowed use as outlined in Resolution 2023-162.
Commissioner Dzadovsky expressed his concerns about the site plan regarding safety and no D-Cell right turn
lane, entrance, exit, intersection traffic, and turning lanes to the facility. Staff advised they have not discussed
that portion of the plan as of yet and it comes in as a major site plan to be evaluated within the conditional use
petition and will be evaluated at that point. Commissioner Dzadovksy advised that those are major concerns
regarding the project and need to be resolved before coming back to the Board.
Steven Dobbs, agent for the applicant, addressed the Board regarding traffic safety and intersections and
advised the facility will be a lower traffic generator and that there is a left-hand turn lane off of Orange Avenue
that has recently been constructed.
There was further discussion regarding traffic safety and issues to be resolved before coming back to the
Board.
Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the
Board, Chair Townsend closed the public hearing.
A motion was made to approve staff recommendations, and it passed unanimously.
RESULT: APPROVE
16 1
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
5. Children's University Midway - CU-2306-000058 - THIS ITEM IS QUASI-JUDICIAL
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this
item:
Commissioner Jamie Fowler- Excused
Commissioner Linda Bartz - Spoke with staff only.
Commissioner Larry Leet- Spoke with staff only.
Commissioner Chris Dzadovsky - Spoke with staff only.
Chair Cathy Townsend - Spoke with staff only.
Thad Crowe, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development
Services Planning Manager, presented this item to the Board. The petitioner, Children's University, LLC is
requesting a Conditional Use Permit to allow for child care services for up to 120 students between 1- 5 years
old, within the Commercial Office Zoning District. Under the public notice requirements of the St. Lucie
County Land Development Code, an advertisement for the public hearing was published in the St. Lucie
County Tribune, notices were mailed to 58 surrounding property owners within a 500-foot radius, and a sign
was placed on the subject property. Staff received two responses, with one opposed to the request, and the
other in favor unless the hours of operation were outside weekdays, 7 a.m. to 6 p.m., which they would not
be. The 1.37-acre petition site is on Midway Road and the site features the Lighthouse International Worship
Center church. The petition includes two buildings in the rear of a five -building office park known as the
Drawdy Office Park. The two buildings to be utilized for childcare services comprise 8,654 square feet.
Building # 1 the eastern building, will be utilized for younger children and Building # 2 for older children. The
subject property is zoned Commercial Office, consistent with the Residential Urban Future Land Use
Designation which allows limited nonresidential uses. Under the Land Development Code, child care services
are classified under the Standard Industrial Classification (SIC Code 8351) as a Conditional Use within the
Commercial Office Zoning District. The site improvements for the proposed daycare include sidewalk
connectivity from Midway Road to the building, an existing fenced playground area that will be utilized for
recreational activities for the children, and improved landscaping along the perimeter of the property.
Children's University will have operational hours of 7:00 a.m. to 6:00 p.m., Monday through Friday with up to
120 students and 20 employees. There will be 17+ parking spots available for parent/guardian drop-off and
pick-up. Parents will park and walk kids to the buildings. The eastern building is for younger children, the
western building is for older children and each building will have a playground adjacent to it, converted from
parking spaces overlain with a thick padded surface. The office park is compliant with the Landscape Plan, no
additional buffering or screening is required. The petition conforms to the Standards of Review outlined in
the St. Lucie County Land Development Code Section 11.07.03 and is consistent with the St. Lucie County
Comprehensive Plan goals, objectives, and policies. The Planning and Zoning Commission voted unanimously
to approve the staff recommendations. Staff recommended that the proposed Conditional Use Permit via
17 1
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
Resolution 2023-144 for child care services be approved, subject to the following conditions:
• Child care services are permitted for up to 120 students, with operating hours between 7:00 a.m. and
6:00 p.m., Monday through Friday.
• A Site Development Permit is required prior to site improvement activities.
• Prior to issuance of the Zoning Compliance certificate, provide a minimum of six bicycle spaces.
• Locate a dumpster that will not block vehicle movement — utilizing up to two parking places with
sufficient access for garbage trucks.
• Within one year of Conditional Use Permit approval, provide a pedestrian connection between the
Midway Road sidewalk and buildings, which can utilize interior sidewalks adjacent to buildings,
striping on pavement, and a new sidewalk segment connecting to the Midway Road sidewalk.
Staff recommended the Board's approval, authorizing the Chair to sign documents as approved by the County
Attorney.
Commissioner Dzadovky commented on traffic safety on Midway Road with parent dropoff and pickup. The
Board had no further questions or comments on 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.
Y IIwLwI I WdD IIIQIAC LU CI f.J f.JI UVC JLCYI I I %=%-UI III I ICI IUCILIUI IJ, CI IU IL PC1JDClA UI ICYI III I IU UZ)I Y.
RESULT: APPROVE
MOVER: Commissioner District 2 Larry Leet
SECONDER: Commissioner District 1 Chris Dzadovsky
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
KRE Industrial Rezoning - RZ-2306-000025 - THIS ITEM IS QUASI-JUDICIAL
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this
item:
Commissioner Jamie Fowler- Excused
Commissioner Linda Bartz - Spoke with staff, Pete Tesch, and EDC.
Commissioner Larry Leet- Spoke with staff only.
Commissioner Chris Dzadovsky - Spoke with staff, Pete Tesch, and Joe Moraso.
Chair Cathy Townsend - Spoke with staff Pete Tesch.
Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. The
applicant is requesting to amend the Official Zoning Atlas to rezone 37.84 +/- acres of land located at 990 N
Kings Highway from the Agricultural —1 du/acre Zoning District to the Industrial Light Zoning District. The
petition seeks to explore light industrial development in proximity to the Kings Highway corridor and Orange
Avenue & 1-95 Interchange. Under the public notice requirements of the St. Lucie County Land Development
OR
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
Code, an advertisement for the public hearing was published in the St. Lucie County Tribune on August 25,
2023, with notices mailed to owners of real property located within 500 feet of the affected area for each of
the public hearings, and a notice sign posted on the premises. The site is located within the Industrial Future
Land Use Category along the evolving corridor of Kings Highway. The Florida Department of Transportation
has invested in roadway improvements coupled with local utilities and infrastructure expansion to serve
additional Light Industrial, Commercial, and Residential Uses in the area to maximize connectivity to the
interstate system and a strategic intermodal system. The previous agricultural activities justify the existing
Agricultural I Zoning District and with the additional demand for Light Industrial Uses, it is a logical and
appropriate development pattern to transition to the Industrial Light as requested. The improvements would
continue north through St. Lucie Boulevard providing multi -use paths, sidewalk connections, bicycle lanes,
and four lanes of travel activity for trucks and consumer vehicles, as well as stormwater enhancements to the
south. The applicant does have a plat application in parallel to this rezoning, which would include a
dedication of right of way in the center of the petition sites to support the County's Jenkins Road Special Area
Plan roadway improvements.
The proposal is consistent with the County's Land Development Code and the Comprehensive Plan and
supports the long-range planning documents. The Planning & Zoning Commission, at their August 17, 2023
meeting, held a public hearing on the petition and voted unanimously to recommend approval. Staff
recommended that the Board approve Resolution 2023-163, granting the rezoning of the subject property to
the IL, Industrial Light Zoning District, and authorize the Chair to sign documents as approved by the County
Attorney.
Chair Townsend opened the hearing for public comment at this time. The following people addressed the
Board.
• Brad Curry
With no one else wishing to address the Board, Chair Townsend closed the public hearing.
The Board did not have any questions or comments on this item.
A motion was made to approve staff recommendations, and it passed unanimously.
: ��1� _1M]d01NA
MOVER: Commissioner District 2 Larry Leet
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
C401111:2112 1CaTiTIL91:1 rNI
1. Culvert 2023-08 Municipal Services Benefit Unit - Assessment Resolution
Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In 2021 the Board
created a voluntary Culvert Assistance Program, to provide property owners the option to find replacements
19 1
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
for failed culverts through a non -ad valorem special assessment. The resolution is an Assessment Resolution
as required by County ordinance. The purpose of this 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 benefited, establish the method of assessing the cost of the improvements,
and approve the assessment roll. Staff recommended Board approval of Resolution No. 2023-158, the
Culvert 2023-08 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as
approved by the County Attorney.
Chair Townsend commented on the benefits of the program and thanked the staff for their hard work. The
Board had no further questions or comments on this item.
Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the
Board, Chair Townsend closed the public hearing.
A motion was made to approve staff recommendations, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 3 Linda Bartz
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
12. REGULAR AGENDA
A. ADMINISTRATION
1. Appointment to the Port of Fort Pierce Advisory Committee
George Landry, County Administrator, presented this item to the Board. There is one At -Large vacancy on
the Port Advisory Committee due to a term expiration in June 2023. Applications were submitted by the
incumbent and additional qualified applicants; 13 applications were submitted for Board consideration.
The listed candidates' names: Alfreda W. Agnew, Walter Campbell, Michael E. Cook, Donna M. Cyrus,
William Koch, Jaime J. Morales, Larry C. Neese II, Richard Pancoast, Charles A. Perry III, Dominic Siano,
Harold H."Buzz" Smyth, Harvey Taylor, and John R. Thompson.
Each commissioner was provided a ballot preference sheet and was directed to indicate the top candidate
believed to be the best choice.
201Page
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
George Landry, County Administrator, announced each Commissioner selected candidates from the tally
sheets.
Candidate
Commissioner
Dzadovsky
Commissioner
Leet
Commissioner
Bartz
Commissioner
Townsend
Total
Richard Pancoast
*
1
Harold H. "Buzz" Smyth
*
*
*
3
The Board did not have any questions or comments on this item.
A motion was made to approve and ratify the appointment of Harold H. "Buzz" Smyth to the Port of Fort
r IUIL.0 HUVIJUly l.U1 III IIILLCC-HL-LdI VC VdL.d[ILY, dIIU IL f.Jd J'jCU U IId111111UUJ1Y.
RESULT: APPOINT - HAROLD H. "BUZZ" SMYTH PORT ADVISORY COMMITTEE -AT -LARGE
VACANCY
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
B. COUNTY ATTORNEY
1. Permission to Advertise Ordinance No. 23-XXXA and 23-XXXB - Hutchinson Island - Building Height Zone
Daniel McIntyre, County Attorney, presented this item to the Board. A proposal requesting the Board grant
permission to advertise two ordinances, an A and a B ordinance related to the Hutchinson Island Building
Height Zone. A memorandum was provided to the Board on the history of the County's regulation of building
heights on Hutchinson Island in the 1970s, 1980s, and 1990s. As indicated in the 1990s, the County adopted
building height overlay zones for Hutchinson Island. Specifically, on January 10, 1995, the Board adopted
Ordinance No. 95-001. Unfortunately, in the review of the ordinance a discrepancy between a meets and
bounds legal description contained in the text of the ordinance and a graphic boundary depicted on a map
contained in the ordinance. The apparent discrepancy is identified at the point where Zone "A" ends and
Zone "B" begins on the sixth Figure 4.5 graphic, which depicts the southernmost portion of South Hutchinson
Island. The legal description involved in the discrepancy is as follows:
"Those lands lying east of the east right-of-way line for SR A-1-A and west of the Atlantic Ocean, bounded on
the north by the north line of Section 34, Township 36 South, Range 41 east and on the south by the Martin
County Line."
When there is a discrepancy between the text and a map in a Code, the question is what the Board intended
in 1995 when it adopted the building height ordinance — the text or the map. In this case, the County
Planning staff reviewed the adoption files for County Ordinance No. 95-001 as well as the minutes of the
meetings where the ordinance was discussed to determine the Board's intent. There was no discussion
211 Page
BOCC Regular Meeting Tuesday, September 19, 2023 9:00 AM
concerning the discrepancy. Presumably, if the discrepancy had been identified, the Board would have
resolved the discrepancy one way or the other at that time. Staff would like to acknowledge the July 31, 2023
letter from Gary K. Oldehoff, Esquire representing residents in the neighborhood outlining his position based
on his review of the documents. He also came in to review the County records to determine the intent of the
Board. Staff summarized various arguments in favor of why the map would have control as listed in a
memorandum provided to the Board. Also, there were arguments in favor of the text. Staff recommends that
the Board grant permission to advertise the attached draft ordinances A and B. The ordinances have been
drafted to allow the Board the flexibility to determine whether the Board in 1995 intended that the text or
the map be controlled based on input from the Planning and Zoning Commission and the general public. The
Board can then decide on the adoption hearing once it has been fully vetted. The Planning and Zoning
Commission's next meeting will be on October 19, 2023, at 6:00 p.m. The ordinances have been drafted to
allow the Board the flexibility to determine whether the Board in 1995 intended that the text or maps
controls. The draft ordinances will be the subject of 3 public hearings, 1 hearing before the Planning and
Zoning Commission and 2 hearings before the Board of County Commissioners.
Staff recommended that the Board grant permission to advertise the draft ordinance.
The Board discussed the hearing meeting date following the Planning and Zoning Commission hearing, which
has been determined to be the first night meeting in November for the Board's decision.
a. motion was made to approve statt recommendations, and it passed unanimous
RESULT: APPROVE
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet
NAYS: None
EXCUSED: Jamie Fowler
C. PLANNING & DEVELOPMENT SERVICES
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 for the month of August.
• Prima Vista Wawa— Minor Adjustment to PNRD
• Pursuit Boats— Minor Adjustment to Major Site Plan
The purpose was to notify the Board of projects that qualified for administrative approval. No formal
vote is necessary for this agenda item. This item was presented to the Board for informational
purposes only.
13. ANNOUNCEMENTS
22 1 P a g
BOCC Regular Meeting Tuesday, September 19, 2023
9:00 AM
A. 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.
B. 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.
14. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was adjourned at
9:56 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.
23 1 P a g