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HomeMy WebLinkAboutMinutes 10.17.202391rc LUCE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 17, 2023 Convened: 9:00 AM Adjourned: 10:08 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by Chair Cathy Townsend, District No. 5. (Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Jennifer Hill, OMB Director Jennifer Garrity, Budget Manager Barbara Guettler, MSBU Coordinator Irene Szedlmayer, Planning & Development Services Planning Senior Planner Patrick Dayan, Public Works 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 Sustainability 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, October 17, 2023 9:00 AM 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 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. The following people addressed the Board: • Charles Trujillo, Injunction for Protection Attorney with SafeSpace of the Treasure Coast addressed the Board regarding the awareness of Domestic Violence Month and to spread awareness in the community regarding the resources available and services. • Brian Gardner, partner with SafeSpace of the Treasure Coast, addressed the Board regarding the awareness of Domestic Violence Month and to spread awareness in the community regarding the resources available and services. • Linda Smith addressed the Board regarding development pressures, agriculture, zoning codes, and the preservation of land to prevent overcrowding. With no one else wishing to address the Board, Chair Townsend closed public comment. 8. PROCLAMATIONS APPROVAL A. Resolution No. 23-194 - Proclaiming October 23 through October 31, 2023, as "Red Ribbon 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 Drug -Free St. Lucie Project Coordinator Jovil Wharton and New Horizon of the Treasure Coast Chair and Preventice Director Casey Wood, who thanked the Board and accepted the proclamation. 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 B. Resolution No. 2023-195 - Proclaiming the Month of October 2023 as "Careers in Construction Month " in St. 2 1 P a g e BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 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 N2 Architecture Niki Nortong, Aapex Electric Christy Romano, Ben Gaines, and St. Lucie Habitat for Humanity Bob Calhoun, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 9. APPROVAL OF MINUTES M IIIULIUII VVdJ IIICI UC LU CIPPI UVC CI IIIII IULC -JCLJ, dI IU IL Pd.-jJCU UIICIIIIIIIUU.-�IY. 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 Special Meeting of September 19, 2023. B. Board of County Commissioners minutes for the BOCC Final Budget Hearing of September 21, 2023. C. Board of County Commissioners minutes for the BOCC Special Meeting of September 28, 2023. 10. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. ADMINISTRATION 1. Appointment to the Comprehensive Economic Development Strategy Committee 3 1 P a g e BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Staff recommended that the Board ratify Commissioner Fowler's appointment of Terissa Aronson to the Comprehensive Economic Development Strategy Committee. Adopted by Consent Vote 2. Appointment to the Comprehensive Economic Development Strategy Committee Staff recommended that the Board ratify Commissioner Townsend's appointment of Michael Perri, Jr. to the Comprehensive Economic Development Strategy Committee. Adopted by Consent Vote 3. Appointment to the Tourist Development Council Staff recommended that the Board ratify Commissioner Bartz's appointment of Cathy Matos to the Tourist Development Council. Adopted by Consent Vote 4. Resolution 2023-178 Authorizing the Board of County Commissioners to Participate in a Joint Meeting with Indian River Board of County Commissioners, Martin County Board of County Commissioners, and Okeechobee Board of County Commissioners Staff recommended the Board adopt proposed Resolution No. 2023-178 as drafted and approved by the County Attorney. Adopted by Consent Vote B. COUNTY ATTORNEY 1. Resolution No. 2023-165 - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Seaside 20, LLC On April 4, 2023, the Board of County Commissioners approved Resolution 2023-043 granting approval for a Major Adjustment to the Seaside (AKA Ouanalao) Resort Major Site Plan, subject to conditions. Condition No. 6 states the developer shall provide an updated executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) for the onsite Category I wetland buffer and shoreline buffer to St. Lucie County. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chair to sign the resolution, and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Resolution No. 2023-192 - Right -of -Way Donation - 5' on Deleon Avenue and 10' on Miramar Avenue from Anya Group, Inc. - Parcel ID 1313-231-0000-000-4 4 1 P a g E BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Staff recommended the Board accept the warranty deed from Anya Group, Inc., authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Revocable License Agreement - 215 SE Camino Street - River Park - Unit 3 - Dominic Sansalone - Parcel ID 3419-515-0278-000-5 Mr. Sansalone is requesting 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. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Sansalone pay to record the agreement in the public record of St. Lucie County, Florida. Adopted by Consent Vote 4. Resolution No. 2023-106 - North Hutchinson Island Septic to Sewer project - Access and Perpetual Utility Easement - North Beach Cove Developers LLC - Parcel ID 1423-120-0024-000-5 St. Lucie County Utilities is currently working to bring central sewer services to the remaining subdivisions on North Hutchinson Island. During the design of the septic to sewer project, it was determined that an Access and Perpetual Utility Easement was needed from North Beach Cove Developers LLC's property. The Access and Perpetual Utility Easement is needed to supply North Beach Cove Developers LLC's property and the nine parcels located to the west of North Beach Cove Developers LLC's property along the private road, with a sewer line. North Beach Cove Developers LLC have agreed to donate the Access and Perpetual Utility Easement to St. Lucie County. Attached for your review and acceptance is the Access and Perpetual Utility Easement from North Beach Cove Developers LLC. Staff recommended the Board accept the Access and Perpetual Utility Easement from North Beach Cove Developers LLC, authorize the Chair to sign the resolution, and record the documents in the public records of St. Lucie County. Adopted by Consent Vote 5. First Amendment to Drainage Easement Agreement - Glades Cut -Off Road - Midway Road - LTC Ranch - 5 1 P a g E BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Parcel ID Numbers 3301-702-0018-000-7, 3301-702-0019-000-4 and 3301-705-0001-000-4 Staff recommended the Board approve the First Amendment to the Drainage Easement Agreement, authorize the Chair to execute the agreement, and record the agreement in the public records of St. Lucie County. Adopted by Consent Vote 6. Assignment of Revocable License Agreement - 7505 Fort Walton Ave - Lakewood Park Subdivision - Unit No. 6 - Alan Andrew Keel - Parcel ID 1301-606-0194-000-3 On May 3, 2022, the Board of County Commissioners approved a Revocable License Agreement to allow John and Elizabeth Lawrence to install a 6' vinyl fence along the south side of the property, within the County's 10' Drainage/Utility Easement, and a 6' vinyl fence along the east side of the property, extending into the County's 10' Drainage/Utility Easement. On September 26, 2023, John and Elizabeth Lawrence sold their home to Alan Andrew Keel. Mr. Keel is requesting the Board approve an Assignment of the Revocable License Agreement that was recorded in OR Book 4821, Page 1660. He understands that 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. Staff recommended the Board approve the Assignment of Revocable License Agreement, authorize the Chair to sign the assignment, and direct Mr. Keel pay to record the assignment in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Revocable License Agreement - 5102 Indian Bend Lane - Holiday Pines Subdivision - Phase II -A - Lot 182 - Mark W Wilcenski and Lilian R Wilcenski - Parcel ID 1312-800-0013-000-1 Mr. and Mrs. Wilcenski are requesting a Revocable License Agreement to install a 4' chain -link fence along the west side of the property, within the County's 25' Drainage/Utility Easement, per the Plat recorded in Plat Book 20, Page 7. They understand that 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 revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Wilcenski pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote A BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 8. Revocable License Agreement - 106 N Naranja Avenue - River Park - Unit 4 - William and LaTanya Greene - Parcel ID 3419-530-0243-000-8 Mr. and Mrs. Greene are requesting a Revocable License Agreement to install a 6' wood fence and gates along the north and south sides of the property, within the County's 6' Drainage/Utility Easement and a 6' wood fence along the east side of the property within the County's 10' Drainage/Utility Easement per the Restrictive Covenants recorded in OR Book 64, Page 235. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Greene pay to record the agreement in the public record of St. Lucie County, Florida. Adopted by Consent Vote 9. Resolution No. 23-196 - Proclaiming the month of October 2023 as "Domestic Violence Awareness Month" in St. Lucie County, Florida Adopted by Consent Vote 10. Eighth Amendment to Interlocal Agreement with St. Lucie County Sheriff's Office - Traffic Control and Security - CO2-02-261 Staff recommended the Board approve the Eighth Amendment to the February 19, 2002, Interlocal Agreement and authorize the Chair to sign the amendment. Adopted by Consent Vote 11. Resolution No. 23-199 - In Support of Naming the New SR A1A North Causeway Bridge Over the Intercoastal Waterway as the E. C. Summerlin Family Bridge in St. Lucie County, Florida Staff recommended the Board approve the resolution supporting the State of Florida naming the new SR A1A North Causeway Bridge over the Intercoastal Waterway as the E.C. Summerlin Family Bridge in St. Lucie County. Adopted by Consent Vote C. ENVIRONMENTAL RESOURCES 1. Bid No. 23-067 Award for Walton Scrub Preserve 60' Observation Tower Staff recommended Board approval of 23-067 bid award to the lowest responsive and responsible 7 1 P a g e BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM bidder, Walker Design and Construction, in the amount of $1,207,856.59 to construct the observation tower, and authorization for the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 2. Resilient Florida Grant 22PLN22 Amendment - Acceptance of $181,000.00 Additional Funding Staff recommended Board acceptance of the Florida Department of Environmental Protection Resilient Florida grant award in the amount of $181,000.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. HUMAN RESOURCES 1. BlueMedicare Group Master Agreement - Annual Renewal Staff recommended the Board approve the BlueMedicareGroup Master Agreement for 2022-2023 and authorize the Chair to sign the agreement, subject to approval as to legal form and correctness by the County Attorney. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. Dori Slosberg Mini -Grant Awards FY23-24 Staff recommended Board approval of the award of $131,400.00 to six public high schools for the Dori Slosberg Driver Education Grant and permission to execute the documents as drafted by the County Attorney. Adopted by Consent Vote 2. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $2,122,974.00. Adopted by Consent Vote 3. FY 24 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $6,631,484.00. Adopted by Consent Vote 4. Request for Qualifications (RFQ) No. 23-052, Professional Engineering Services - Design & Permitting of 8" Water Main and 8" Non -Potable Water Main on Range Line Road 8 1 P a g e BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Staff recommended Board approval of the short-listed firm for RFQ No. 23-052 and permission to: • Conduct contract negotiations with the highest -ranked proposer, Masteller & Moler, Inc. • If negotiations are successful, award the contract to the highest -ranked proposer and authorization for the Chair to sign the documents as prepared by the County Attorney. • If negotiations are unsuccessful with the highest -ranked firm, negotiations would be terminated with that firm and staff would start negotiations with the second -highest -ranked firm. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Florida Indian Heritage Association 2024 Pow -Wow - Fairgrounds Fee Waiver $5,250.00 Staff recommended Board authorization to waive $5,250.00 in Adams Arena rental fees for the 2024 Florida Indian Heritage Association Pow -Wow to be held at the St. Lucie County Fairgrounds as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Carlton Estates Plat Staff recommended the Board approve the Carlton Estates Plat, authorizing the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Request to Contract with Joe Payne, Inc., for Building Official Services Piggybacking on a Contract with the City of Palm Bay Staff recommended Board approval of a contract with Joe Payne, Inc. for an amount not to exceed $200,000.00 annually for building official services, piggybacking the City of Palm Bay contract IFB No. 09-0-2021/SZ and authorized the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3.095CC Phase 1 Plat Staff recommended the Board approve the 095CC Phase 1 Plat, authorizing the Chair to sign documents as approved by the County Attorney. kori Adopted by Consent Vote I:NaNJ 1.11[*U_l12VA 9 1 P a g e BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 1. NICE Inform Multimedia Recorder Purchase Staff recommended Board approval to replace our currently installed "VPI" brand of IP Radio Logger, procured from Replay Systems, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Renewing of an Memorandum of Understanding (MOU) St. Lucie County, St. Lucie County Sheriff's Office, and St. Lucie County School Board - for the Purpose of Carrying out Joint Responsibility in Providing Facilities, Staffing and Transportation for the Evacuation of Citizens in Preparation for or Following a Disaster Staff recommended approval of the MOU between the County, St. Lucie County Sheriff's Office, and the School Board of St. Lucie County and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 1. Wharton -Smith, Inc. Contract for Construction Manager at Risk for a Water Treatment Facility at Taylor Dairy Road Staff recommended Board approval of the Wharton -Smith, Inc. contract and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote J. PUBLIC WORKS 1. Elm Avenue at Merritt Ditch Culvert Replacement Project — Final Acceptance Staff recommended Board acceptance of the Elm Avenue at Merritt Ditch Culvert Replacement project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 2. Award Bid No. 23-064 - Walton Road at the Savannas Crossing Culvert Linings and Request to Increase the Project Budget Staff recommended Board approval of Inliner Solutions LLC's bid of $542,028.30 for the Walton Road culvert linings and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 3. Award Work Authorization No.03 to C21-07-668 with Culpepper & Terpening, Inc. for Construction Engineering and Inspection Services (CEI) for the Range Line Road Resurfacing Project - THIS PROJECT 10 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended awarding Work Authorization No. 03 to C21-07-668 with Culpepper & Terpening, Inc. for Construction Engineering and Inspection services in the amount of $95,515.00 for the Range Line Road Resurfacing Project and authorization for the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 4. Award Work Authorization No.04 to C21-07-668 with Culpepper & Terpening, Inc. for Construction Engineering and Inspection (CEI) Services for Carlton Road Resurfacing Project - THIS PROJECT IS 1111,11 111 a m ;YIN 9:L4I�l�:7_F��.Z�L�l�1:i Staff recommends awarding Work Authorization No. 04 to C21-07-668 with Culpepper & Terpening, Inc. for Construction Engineering and Inspection services in the amount of $68,225.00 for the Carlton Road Resurfacing Project and authorization for the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 5. Bid Award No. 23-070 - Tree Trimming and Removal Services to Brooker Equipment LLC, DBA Sampson Tree Service Staff recommended Board approval for the award of Bid No. 23-070, Tree Trimming and Removal Services, to the lowest responsive bidder, Brooker Equipment LLC, DBA Sampson Tree Service, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 6. Birch Drive at Savannah Street Emergency Culvert Repair Final Board Acceptance Staff recommended Board acceptance of the Birch Drive at Savannah Street Emergency Culvert Repair Project and authorization by the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote K. SHERIFF'S OFFICE 1. Crime Prevention Fund Request in the Amount of $252,639.68 Staff recommended the approval of the Sheriff's request to establish a distribution schedule. For FY 24 - $156,639.68, FY 25 - $24,000.00, FY 26 - $24,000.00, FY 27 - $24,000.00, FY 28 - $24,000.00. Adopted by Consent Vote 2. Request for Distribution from the Law Enforcement Trust (LET) for $79,014.00 Staff recommended the approval of the Sheriff's budget amendment and transfer of funds in the BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM amount of $79,014.00. Adopted by Consent Vote L. TRANSIT 1. Request to Approve a Fourth Amendment with An Answer to Care to Extend the Terms and Increase the Contract Amount (#C20-11-762) Staff recommended Board approval of the Fourth Amendment to An Answer to Care and request for the Chair to sign as approved by the County Attorney. Adopted by Consent Vote 11. PUBLIC HEARINGS A. COUNTY ATTORNEY Public Hearing - Ordinance No. 2023-013 - Amending Ordinance No. 2023-008 Relating to St. Lucie County Code Area of Enforcement Chapter 50 Water Services Article II — Vessel Rental and Water Safety; to add Language Clarifying the Location of the "Idle Speed No Wake" Zone at River Park Marina Kayak Launch and to provide for a Slow Speed Minimum Wake Zone Outside the Prima Vista Boulevard Right of Way Lines Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The Florida Statutes authorizes St. Lucie County to establish Idle Speed No Wake boating safety zones by ordinance without additional agency approval within 500 feet of public boat ramps. The Board approved an ordinance on the River Park Marina in the Prima Vista area in August 2023. The Florida Fish and Wildlife Conservation Commission (FWC) requested additional language be added to the ordinance. The amendment is to specify the slow speed minimum wake zone location in sections 50-24 and to eliminate the word "EAST" after the 500 feet. 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. 4 motion was made to approve statt recommendations, and it passed unanimous 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 B. OFFICE OF MANAGEMENT & BUDGET 12 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 1. Resolution - Fiscal Year 2022-2023 Budget Amendment Jennifer Hill, Office of Management & Budget Director, and Jennifer Garrity, Budget Manager, presented this item to the Board. The public hearing was advertised on October 12.2023. Earlier in the fiscal year, the Board approved a resolution similar to the proposed amendment to the County's unaudited fund balances. Once the audit was completed, staff had an additional review and made some adjustments to all figures to audited numbers. The fiscal year 2021-2022 audit has been completed and staff have calculated the current beginning balance for each fund. The staff finished adjusting the beginning balances, adjusting inter -fund transfers related to these balances, and recognizing various other unanticipated revenue. The proposed resolution establishes the fiscal year 2023 budget for unanticipated revenue. The staff requested the approval, as part of this, which would set up the budget to acknowledge that revenue. Some of the revenues include additional Tourist Tax revenue, loan revenue for the Sustainability District, MSBU revenue for the Mura MSBU District, and reimbursements for the Health Insurance Fund. The approval amends the fiscal year 2023 budget increase of $4,346,069. Staff recommended approval of the budget resolution amending the fiscal year 2022-2023 budget. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Public Hearing on the Proposed Adoption of Ordinance 2023-14 - Amending the St. Lucie County Land Development Code, Section 2.00.00, Definitions and Section 7.10.12., Scrap, Waste, and Recycling Operations Irene Szedlmayer, Planning & Development Services Senior Planner, presented this item to the Board. The proposed item is the second public hearing before the Board regarding the amendment to the recycling of vegetative debris land development code. The hearing was properly noticed in the newspaper on October 10, 2023. The amendments are to the Land Development Code (LDC), Section 7.10.12, which is the supplemental standard regarding the recycling of vegetative debris. The key change being made is that the current recycling of vegetative debris is permitted in the Industrial Heavy (IH) and Utility (U) Zoning Districts and is subject to the approval of a conditional use permit proposal. The applicant, Mike's Organic Topsoil, purchased 101.6 acres of rural land to operate a vegetative debris recycling facility and turn this waste material into topsoil and mulch. The proposed ordinance will allow vegetative debris recycling to be 131Page BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM proposed in the Agricultural-5 (AG-5) Zoning District and the Planned Non -Residential Zoning Districts (PNRD) subject also to the approval of a Conditional Use Permit (CUP). The proposal is also to amend the definition to rename the term "yard trash" to also known as "vegetative debris". The amendment will be county -wide. The staff's recommendation is for the Board to adopt the proposed ordinance amending Section 2.00.00 and Section 7.10.12 of the Land Development Code. The Planning and Zoning Commission recommended the Board approve the proposed amendment on August 17, 2023. Staff recommended that the Board adopt Ordinance 2023-14, amending Section 2.00.00, Definitions, and Section 7.10.12., Supplemental Standards for Scrap, Waste, and Recycling Operations, of the Land Development Code. 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 unanimous RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None D. PUBLIC WORKS 1. Culvert 2023-09 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In 2021, the Board created the Culvert Assistance Program to provide property owners the option to find replacements for failed culverts through non -ad valorem special assessment. The proposed resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the 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- 179, the Culvert 2023-09 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on the item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE 14 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Culvert MSBU - Notice of Intent Item presented in conjunction with 11.D.3.-11.D.11. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is a levy of non -ad valorem special assessments on those properties that derive a direct benefit from the improvements. This type of assessment is based on the benefit and collected along with property taxes using the uniform method under Section 197.3632, of the Florida Statutes. To preserve this funding option, the Board must adopt a resolution expressing its intent to use the uniform method of collecting and commencing in November 2024. The resolutions must be considered at a duly advertised public hearing held prior to January 1, 2024. The resolutions do not in any way obligate the County to levy special assessments; rather, they simply satisfy the legal requirement for serving the County's option to use the uniform method of collection if special assessments are levied. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve statt 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 3. Lakewood Park Drainage MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The proposal requests for the creation of the Lakewood Park Drainage Municipal Services Benefit Unit to provide drainage improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions and authorization for the Chair to sign documents as approved by the County Attorney. 151Page BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 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 the 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. Lakewood Park Water MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The proposal requests for the creation of the Lakewood Park Drainage Municipal Services Benefit Unit to provide drainage improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve statt recommendations, and it passed unanimous APPROVE IRESULT: MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None I EXCUSED: None 5. Naylor MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The proposal requests the creation of the Naylor Municipal Services Benefit Unit to provide potable water and fire protection 16 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 2 Larry Leet I SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. Property Clean-up SAD - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the Property Clean-up Special Assessment District to provide abatement services to the parcels within the boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. 4 motion was made to approve statt recommendations, and it passed unanimous 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 1 EXCUSED: None 7. Rose Lane MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. 17 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the Rose Lane Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 8. North Hutchinson Island MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the North Hutchinson Island Municipal Services Benefit Unit to provide wastewater improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None OR BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM 9. St. Lucie Village Phase 1 MSBU - Notice of Intent Item presented in conjunction with item 11.13.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the St. Lucie Village Phase 1 Municipal Services Benefit Unit to provide wastewater improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 10. Taylor Creek MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the Taylor Creek Municipal Services Benefit Unit to provide dredging improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve staff recommendations, and it passed unanimous 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 19 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM I EXCUSED: None I 11. Towns Villages and Countryside MSBU - Notice of Intent Item presented in conjunction with item 11.D.2. Due to the Public Hearing status, each item must be opened and voted upon separately. Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. The request for the creation of the Towns Villages and Countryside Municipal Services Benefit Unit to provide infrastructure improvements to the parcels within the proposed boundary. Staff recommended the Board's approval of the Notice of Intent resolutions 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 the item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 12. REGULAR AGENDA A. ADMINISTRATION 1. At -Large Appointment to the Tourist Development Council George Landry, County Administrator, presented this item to the Board. There is an At -Large vacancy on the Tourist Development Council. As noted incumbent Paul Taglieri will not be reapplying. Applications were submitted by 10 qualified applicants for Board consideration. The listed candidates' names are Michael E. Cook, Donna M. Cyrus, Lauren DeAcetis, Paige McGuire, Jamie J. Morales, Larry C. Neese II, Charlotte Stahlberg, Harvey Taylor, and Biance S. Wall. Staff recommended that the Board members vote and appoint one representative to fill the At -Large vacancy on the Tourist Development Council. Each commissioner was provided a ballot preference sheet and was directed to indicate the top candidate believed to be the best choice. 20 1 BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM George Landry, County Administrator, announced each Commissioner's selected candidates from the tally sheets. Candidate Commissioner Dzadovsky Commissioner Leet Commissioner Bartz Commissioner Townsend Commissioner Fowler Total Lauren DeAcetis * * * * * 5 The Board did not have any questions or comments on this item. A motion was made to approve and ratify the appointment of Lauren DeAcetis to the Tourist Development :.ounce-At-Larae vacancy, ana it Dassea unanimous RESULT: APPROVE - LAUREN DEACETIS TOURIST DEVELOPMENT COUNCIL AT -LARGE VACANCY 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 4.1001 ►[.Tim B. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director - ITEM PULLED PRIOR TO METTING C. PUBLIC WORKS 1. Indian River Estates Stormwater Improvements - Phase III - Summary of Recommended Alternatives Patrick Dayan, Public Works Director, and Inwood Consulting Engineers presented this item to the Board. Indian River Estates is a 1,300-acre residential subdivision in Unincorporated St. Lucie County with approximately 2,000 private residents and over 27 miles of county -maintained roads bordered by Savannas Preserve State Park (east and south). Stormwater discharges to the Savannas (east/south). Stormwater discharges to the Savannas (east/south), NSLRWCD (east), and ultimately into the St Lucie River. Phase III of this project is ongoing and the primary objectives of this project are to perform a drainage analysis and design to reduce flow interactions with Savannas and to help alleviate flooding issues along Easy Street, being that it is susceptible to flooding. Staff and Inwood consultants provided a summary of recommended alternatives for Indian River Estates Phase III improvements. The staff has been working collaboratively with a group known as the Savannah Regional Task Force with quarterly meetings involving stakeholders including the City of Fort Pierce, the City of Port St. Lucie, Martin County, and DEP Parks. Steven Summerfield and Hillary Martinez of Inwood Consulting addressed the Board and provided an overview of the recommended alternatives. He mentioned previously completed County projects with Indian River Estates, including Phase I Stormwater Pump Station to Regional Pond constructed in 2009, Phase II Drainage Collection System to Pump Station constructed in 2015, and the County Ditch Maintenance and Culvert Program which is still ongoing. The primary objective of the project is to reduce flow interactions with 211 Page BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Savannas and assist in alleviating flooding issues along Easy Street. The project area has significant street flooding, high groundwater levels, and tailwater influences from the Savannas. The flow interactions with Savannas are considered adverse for water quality, with Easy Street being susceptible to flooding. The assessment of the area included desktop data collection, field reconnaissance, and Hydrologic and Hydraulic (H&H) Modeling. He provided a breakdown of the analysis results of the existing conditions including Indian River Estates outfall, Savannas, Backflow Preventers, East Easy Street, West Easy Street, and other key findings with the historical ditch, FDEP parcels, and County parcels. Seven different alternatives were evaluated, with three alternatives recommended for consideration to move forward: 1. Reestablish a bypass ditch along the southeast side of Easy Street for $226,000. 2. Install backflow preventers along the east side outfalls of Indian River Estates for $400,000. 3. Upsize drainage infrastructure along the western portion of Easy Street is $3.4 million. Staff requested the Board's concurrence on moving forward with the three (3) proposed alternatives for the Indian River Stormwater Improvements - Phase III. Commissioner Fowler asked staff if American Rescue Plan (ARP) funding was available to fund a portion of all three proposed alternatives, and how long the projects would take. Mr. Dayan advised, based on the records, that $3.6 million has been allocated from the American Rescue Plan Funding directed to this project (Phase III), and the total of the project is estimated at $4 million, which is slightly higher than that amount. However, Indian River Estates is on the list of Sales Tax Projects but is not currently recommended in the program. The concurrence and approval of the Board would be needed to schedule the program. The time frame of project completion would depend on permitting and review. The staff is aware of the timeline that needs to be met with the American Rescue Plan funding by December 2024 with accommodations of funding and purchase orders and must be expended by December 2026. The timeline will be met. Commissioner Fowler mentioned grant matching, sales tax options, and the improvement needs of Indian River Estates for drainage and advised she would like the Board to consider completing all three alternatives. Chair Townsend commented on the history of the region area, American Rescue Plan Funding, and Half Cents Sales Tax, and advised her recommendation was initially for option #3 of the alternatives and funding for option #2, leaving option #1. There is enough funding for all 3 alternatives, but there are things that need to be done in Commissioner Dzadovskys District 1. Commissioner Dzadovsky commented on the regional aspects of the project and the priority, the support efforts made for Paradise Park, Harmony Heights, and the future master plan for stormwater in Sunland Gardens. He said he is supportive and in favor of the project and the completion of all three alternatives if available revenues can be found. Chair Townsend mentioned sending a letter to all the residents regarding the Culvert Assistance Program because the improvements will fix a lot of the issues, but failed culverts will still prevent the flow if not repaired. Everything can be done in a collaborative effort. Commissioner Leet commented on Indian River Estates drainage and backflow and said he was in favor of completing all three alternatives. 221Page BOCC Regular Meeting Tuesday, October 17, 2023 9:00 AM Commissioner Bartz commented on flooding and drainage and advised she is in favor of completing all three alternatives. A motion was made to approve staff recommendations and all three alternative improvements to the Indian River Estates drainage, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet IAYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler INAYS: None EXCUSED: None 13. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, November 7, 2023, at 1 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 Regular meeting on Tuesday, November 7, 2023, at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 14. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:08 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