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HomeMy WebLinkAboutMinutes 11.07.202391rc LUCE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 7, 2023 1. CALL TO ORDER Convened: 6:04 PM Adjourned: 9:37 PM The meeting was called to order at 6:04 PM by Chair Cathy Townsend, District No. 5. (Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Pete Tesch, President of the St. Lucie County Economic Development Council JoAnn Riley, Properties Acquisition Manager Amy Griffin, Environmental Resources Director Matt Baum, Parks & Recreation Director Kori Benton, Planning & Development Services Planning Manager Thad Crowe, Planning & Development Services Senior Planner Benjamin Balcer, Planning & Development Services Director Patrick Dayan, Public Works Director Daniel Zrallack, County Engineer Katrina Slay, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary Court Reporter Jessica Cruz, US Legal 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Linda Smith addressed the Board regarding the trials of over -development, agricultural reserves, and the history of the motorsports facility. • Kelly Murphy and Kimberly Murphy addressed the Board regarding an unsafe structure/ building set for demolition on Amy Lane in Fort Pierce. With no one else wishing to address the Board, Chair Townsend closed public comment. 7. PROCLAMATIONS APPROVAL A. Resolution No. 23-203 - Proclaiming the Week of November 12 through November 18, 2023, as National Nurse Practitioner 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. No acceptors were present to accept the proclamation. The proclamation will be mailed to the recipient. 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. 23-215 - Honoring the Contributions of Current and Former Members of the United States Armed Services by Recognizing November 11, 2023, as "Veterans Day" 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 Mike Kieper and Wayne Teegardin on 2 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM UCI Id II UI d I I VICIIIdlII VCICI dlIJ UI HIIICI 11-d , 11IdlII%CU lI U DUdIU, dIlU ClLLUPLUU LIlC P1 ULAC11IId IIUI1. 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 8. APPROVAL OF MINUTES A motion was made to approve all minute sets, 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 I EXCUSED: None A. Board of County Commissioners minutes for the BOCC Special Meeting of October 5, 2023. B. Board of County Commissioners minutes for the BOCC Regular Meeting of October 3, 2023. 9. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. 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 A. WARRANTS 1. Warrant Lists Old Year: 52-55 New Year: 1-3 Adopted by Consent Vote B. ADMINISTRATION 1. American Rescue Plan - Program Funding Reallocation for Roger Poitras Roof Restoration $449,644.00 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN 3 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Staff recommended the Board approve the reallocation of the remaining balance of $529,633.24 from the American Rescue Plan Legislative Affairs Grant Coordinator allocation to fund Roger Poitras Roof Restoration Project in the amount of $449,644.00 and move the remaining balance of $79,989.24 to ARPA Reserves / COVID Set Aside as identified in the background of this item, and authorization the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. AIRPORT 1. Avcon Contract C20-03-332 Work Authorization #5 Terminal Renovations and Expansion $242,390.00 Staff recommended approval of Work Authorization No. 5 under contract C20-03-332 with Avcon in the amount of $242,390.00 and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Chair Townsend pulled the item for separate comment only. D. COUNTY ATTORNEY Resolution No. 2023-197 - Right -of -Way Donation - 5' of Right -of -Way along South Market Avenue and a Corner -Clip at the intersection of Oleander Avenue and South Market Avenue - TRS Oleander Properties, LLC - Parcel ID 2434-601-0013-010-1 Planning and Development Services Director approved PDS Order 2023-048 granting approval for a minor site plan known as TRS Oleander Properties. A condition of approval required TRS Oleander Properties, LLC to convey to St. Lucie County 5' of right-of-way along the frontage of South Market Avenue and a 35' corner -clip at the intersection of Oleander Avenue and South Market Avenue. The proposed warranty deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from TRS Oleander Properties, LLC, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Interlocal Agreement for the Renovation of Offices for the St. Lucie County Health Department Staff recommended that the Board approve the interlocal agreement and authorize the Chair to sign the interlocal agreement. Adopted by Consent Vote 3. Permission to Advertise - Request for Authorization, Pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled 4 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Laws, to begin the Condemnation Process, Permission to Order Title Work, and Order a Public Hearing of an Unsafe Building, Structure or House Trailer located at 4941 Amy Lane, Fort Pierce, FL 34946, St. Lucie County, Florida Staff recommended, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws, that the Board authorize the condemnation process, order the title work and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building, structure or house trailer located at 4941 Amy Lane, Fort Pierce, FL 34946. Adopted by Consent Vote 4. Revocable License Agreement - 6904 Brookline Avenue - Lakewood Park - Unit 9 - Daniel Freer - Parcel ID 1301-611-0140-000-6 Mr. Freer is requesting a Revocable License Agreement to install a 6' wood fence along the north and west sides of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 27. He understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the revocable 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. Freer to pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Resolution No. 2023-207 - Conservation Easement and Preserve Area Monitoring and Management Plan - Florida Power & Light Company - Parcel ID 4119-111-0001-000-5 On February 15, 2022, the Board of County Commissioners approved Resolution No. 2022-31 granting Major Site Plan approval for a Solar Energy Center known as FPL Bluefield Preserve Solar Energy Center. A condition of approval required Florida Power & Light Company to dedicate a Conservation Easement for the onsite wetlands and their associated upland buffers, and the pine flatwoods natural area along with a Preserve Area Monitoring and Management Plan (PAMMP) to St. Lucie County. Attached for your review and acceptance is the Conservation Easement and the Preserve Area Monitoring and Management Plan (PAMMP) which has been reviewed and approved by the Environmental Resources Department and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, from Florida Power & Light Company, authorize the Chair to sign the resolution, and direct staff to record the resolution in the public records of St. Lucie County, Florida. 5 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Adopted by Consent Vote 6. Revocable License Agreement - 100 Serenata Court - River Park - Unit 5 - Teri Casablanca - Parcel ID 3419-540-0155-000-5 Ms. Casablanca is requesting a Revocable License Agreement to install a 6' wood fence and gates along the north and east sides of the property, within the County's 6' Drainage/Utility Easement, and along the south 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 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 Saint Lucie have reviewed the revocable 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. Casablanca pay to record the agreement in the public record of St. Lucie County, Florida. Adopted by Consent Vote 7. After the Fact Revocable License Agreement - 100 Vindale Avenue - Bel -Aire Estates - T. H. E. III LLC - Parcel ID 1312-701-0031-000-9 T. H. E. III LLC is requesting an "After the Fact" Revocable License Agreement to keep their two wooden posts with solar lights attached at their present location on either side of their driveway, within the County's right-of-way of Vindale Avenue. They understand if the County Engineer determines the wooden posts are causing problems or for other needs in the area, the light posts will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the after -the -fact revocable license agreement and have no objections. Staff recommended the Board approve the after the fact revocable license agreement, authorize the Chair to sign the agreement, and direct T.H.E. III LLC pay to record the agreement in the public record of St. Lucie County, Florida. Adopted by Consent Vote 8. Permission to Advertise Public Hearing - Abandonment of Sandridge Road, a County -owned and maintained right-of-way Staff recommended that the Board authorize staff to advertise a notice of public hearing to be held on December 5, 2023, at 6:00 p.m. or as soon thereafter as the item may be heard. Adopted by Consent Vote 6 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM 9. Revocable License Agreement - 5401 E Echo Pines Cir - Holiday Pines Subdivision - Phase I - Christine E English - Parcel ID 1312-500-0131-000-3 Ms. English is requesting a Revocable License Agreement to install a 4' chain -link fence with a 5' walk gate along the south side of the property, within the County's 10' Drainage/Utility Easement and a 4' chain -link fence with a 5' walk gate along the east side of the property, within the County's 15' Drainage/Utility Easement per the Plat recorded in Plat Book 18, Page 16. She understands that if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the revocable 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. English pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 10. Revocable License Agreement - Temporary Advertisement Signs for Fort Pierce Utilities Authority (FPUA) Septic to Sewer Program in County Rights -of -Way Fort Pierce Utilities Authority is requesting a Revocable License Agreement to install temporary advertisement signs in County rights -of -way to promote FPUA's Septic to Sewer Program. They understand that if the County Engineer determines the signs are causing flooding, drainage problems, reduction of visibility in the rights -of -way, or for other needs in the area, the signs will need to be removed or relocated at their expense. Administration, Engineering, Road & Bridge, and Water Quality have reviewed the revocable license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct staff to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. Resolution No. 2023-209 - Accepting a Conservation Easement and an Amendment of Conservation Easement from Creekside Community Development District On October 4, 2005, the Board of County Commissioners approved Resolution 05-154, granting a Final Planned Unit Development Plan for the project to be known as Creekside PUD. A condition of approval required the developer to dedicate a Conservation Easement in favor of St. Lucie County and South Florida Water Management District. On January 9, 2007, Creekside Community Development District recorded the Conservation Easement without the County's review and 7 1 P a g e BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM approval. Creekside Community Development District has recently submitted a developmental application known as "Creekside PUD Tracts Plat." The documents included in the submittal have depicted a change in the Conservation Easement boundary. An Amendment of Conservation Easement has been proposed to ratify this change. Attached for review and acceptance is the Conservation Easement and Amendment of Conservation Easement which has been reviewed and approved by the South Florida Water Management District, Saint Lucie County Environmental Resources Department, and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Amendment of Conservation Easement from Creekside Community Development District and authorize the Chair to sign the resolution and Amendment of Conservation Easement. Adopted by Consent Vote 12. Revocable License Agreement - 264 NE Summer Road - River Park - Unit 9 - Part C - Ignacio Medina and Silda M Medina - Parcel ID 3419-570-0061-000-2 Mr. and Mrs. Medina are requesting a Revocable License Agreement to install a 6' wood fence with a gate along the north side of the property and a gate on the south side of the property, within the 6' Drainage/Utility Easement, extending into the 10' Drainage/Utility Easement on the west side of the property, per the Plat recorded in Plat Book 15, Page 28. 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 Utilities Department have reviewed the revocable 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. Medina pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 13. Revocable License Agreement - 209 Olive Ave - River Park - Unit 2 - Sesyle Clarius - Parcel ID 3419- 510-0271-000-1 Ms. Clarius is requesting a Revocable License Agreement to install a 4' aluminum fence and a 6' PVC fence with gates along the southwest side of the property and a gate on the northeast side of the property, within the County's 6' Drainage/Utility Easement per the Restrictive Covenants recorded in Deed Book 224, Page 453. 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. F•3 BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie Utilities Department have reviewed the revocable 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. Clarius pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 14. Permission to Advertise - Request for Authorization, Pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to begin the Condemnation Process, Permission to Order Title Work, and Order a Public Hearing of an unsafe building, structure or house trailer located at 3409 Industrial 25 Street, Fort Pierce, FL 34946, St. Lucie County, Florida Staff recommended, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws, that the Board authorize the condemnation process, order the title work and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building, structure or house trailer located at 3409 Industrial 25 Street, Fort Pierce, FL 34946. Adopted by Consent Vote E. INFORMATION TECHNOLOGY 1. Resolution No. 2023-208 - Amendment to Resolution No. 2023-102 Relating to the Local Technology Planning Team Staff recommended that the Board adopt Resolution No. 2023-208 and authorize the Chair to sign the resolution. Adopted by Consent Vote F. PARKS, RECREATION & FACILITIES 1. Peter W. Busch Family Foundation 2024 Concert & Rodeo Fee Waiver $1,800.00 Staff recommended Board authorization to waive the $1,800.00 for the rental fees of Adams Arena for the 2023 Peter W. Busch Family Foundation Rodeo & Concert Event to be held at the St. Lucie County Fairgrounds on April 20, 2024, as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 2. St Lucie County Sheriff's Office 7th Annual Gary Morales Softball Tournament - Fee Waiver $612.00 Staff recommended waiving the field rental fees of $612.00 for the upcoming St Lucie County Sheriff's Office 7th Annual Gary Morales Softball Tournament on November 18, 2023. 9 1 P a g E BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Adopted by Consent Vote 3. Bid Award No. 23-074 Fairground Busch Stables Roof Replacement - $99,289.71 Staff recommended Board approval to award Bid No. 23-074 to Total Roofing Systems - The Metal Roof Experts, Inc. in the amount of $99,289.71 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 4. Milner Health Department Roof Restoration and Waterproofing Staff recommended Board approval to proceed with the roof restoration and sealing of flat roof and parapet walls as outlined in Garland Proposal # 25-FL-230926 via US Communities Contract MICPA # PW1925 Roofing and Waterproofing in the amount of $451,786.00 and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote 5. Courthouse Building A - 2nd and 3rd Floor Fan Coil Unit Replacement - $493,101.00 Staff recommended that the Board approve equipment purchase and installation of the Courthouse Building A - 2nd and 3rd Floor Fan Coil Unit Replacement off of the Omnia Partners Contract number 3341, and authorization for the Chair to sign any associated documents as approved by the County Attorney. Adopted by Consent Vote 6. Purchase of two New Generators - $513,235.63 Staff recommended Board approval to purchase two new generators for $513,235.63 utilizing the contract with the Palm Beach County School contract # # 19C-9T and authorize the Chair to execute documents as approved by the County Attorney. Adopted by Consent Vote 7. Replacement of Fenn Center Chillers - Installation Only Staff recommended that the Board approve the installation of new chillers (purchased in FY23) at the Fenn Center by utilizing Omnia Partners contract number 3341, and authorization for the Chair to sign any associated documents as approved by the County Attorney. Adopted by Consent Vote 8. Roger Poitras Roof Restoration and Waterproofing - $449,644.00 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN 101Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Staff recommended Board approval to proceed with the roof restoration and sealing of sloped panels as outlined in Garland Proposal # 25-FL-230927 via US Communities Contract MICPA # PW1925 Roofing and Waterproofing in the amount of $449,644.00 and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote Chair Townsend pulled the item for separate comment only. 9. Capital Equipment Purchase - St. Lucie County 911 EOC Chiller Replacement - $372,486.00 Staff recommended Board approval to purchase two new chillers for the EOC 911 center for $372,486 off of the Omnia contract #15-JLP-023, and authorize the Chair to execute documents as approved by the County Attorney. Adopted by Consent Vote 10. Rock Road Jail - Interior Camera Replacement Upgrade - $1,737,000.00 Staff recommended that the Board approve the sole source of equipment purchase and installation of the Rock Road Jail interior cameras to Accurate Controls and authorization for the Chair to sign any associated documents as approved by the County Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Goncalves Plat - Proposed Plat to Subdivide a +/- 1.99-Acre Property into a Two (2) Lot Residential Subdivision Staff recommended the Board approve the Goncalves Plat, authorizing the Chair to sign the plat as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC SAFETY 1. Emergency Management Performance Grant (EMPG) Acceptance Staff recommended Board acceptance of the Emergency Management Performance Grant (EMPG) Agreement, in the amount of $104,545.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Florida 911 Region 6 - GIS Repository Wireless Emergency Telephone System Grant and GeoComm Agreement Staff recommended Board acceptance of the Florida 911 Region 6, GIS Repository Wireless Emergency 111 Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Telephone System Grant in the amount of $203,364.55, and approval of GeoComm GIS Data Hub Software and Services Agreement in the amount of $203,364.55 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3.2023 Comprehensive Emergency Management Plan (CEMP) Adoption and Resolution Staff recommended Board acceptance of the 2023 updated Comprehensive Emergency Management Plan and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Resolution No. 2023-206 Animal Fee Schedule Staff recommended Board acceptance of Resolution No. 2023-206 amending Resolution No. 15-190-B in order to better serve the residents of the unincorporated areas of St. Lucie County, their pets, and the animals in the care and custody of the County's Animal Safety Division. Adopted by Consent Vote I. PUBLIC UTILITIES 1. Capital Lease - 745-04 Articulated Truck Caterpillar / 3T602322 Purchase at the End of the Tax Lease Agreement Staff recommended the Board authorize staff act on the option to buy the previously leased 745-04 Articulated Truck Caterpillar/3T602322, from Florida Sheriff's Association Contract # FSA18-VEH16.0, Specification #64, at the following costs following review and approval from the County Attorney. Adopted by Consent Vote J. PUBLIC WORKS 1. Approval for the award of Bid No. 23-069 - Irrigation Maintenance to the Lowest Responsive Bidder Staff recommended Board approval for the award of Bid No. 23-069, Irrigation Maintenance, to the lowest responsive bidder, United Land Services, and authorization for the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 2. Approval to Award Bid No. 23-062 for the Carlton Road Bridge over C-24 Canal (940019) Bridge Repair Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval to Award Bid No. 23-062 to Ferreira Construction as the lowest responsible and responsive bidder for the Carlton Road Bridge over C-24 (940019) Bridge Repair project in the amount of $769,950.62 and to contract with Kimley-Horn & Associates, Inc. for post 12 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM design services in the amount of $15,300.00, and authorization for the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote Chair Townsend pulled the item for separate comment only. 3. Approval to Award Bid No. 23-051 for construction of the Orange Avenue at Canal 54 Culvert Replacement Project to PRP Construction Group, LLC in the amount of $1,840,027.86 - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval to award Bid No. 23-051 for the Orange Avenue at Canal 54 Culvert Replacement project to PRP Construction Group, LLC in the amount of $1,840,027.86, approval to increase the project budget to the amount of $1,858,506.86 and authorization for the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote Chair Townsend pulled the item for separate comment only. 4. Approval of Work Authorization No. 04 to Kimley-Horn and Associates, Inc. Contract C22-11-1011 for design and permitting services for the Forest Place at Cortez Boulevard Culvert Replacement project in the amount of $75,185.00 Staff recommended Board approval of Work Authorization No. 04 to Contract C22-11-1011 with Kimley-Horn and Associates, Inc. for the design and permitting services for the Forest Place at Cortez Boulevard Culvert Replacement project in the amount of $75,185.00 and to authorize the Chair to sign associated documents approved by the County Attorney. Adopted by Consent Vote 5. Approval of Work Authorization No. 05 under Contract C20-01-130 with Water Resources Management Associates, Inc. in the Amount of $119,569.00 for Design and Permitting Services for the Saeger Avenue Stormwater Improvements Project Staff recommended Board approval of work authorization no. 05 under Contract C20-01-130 with Water Resources Management Associates, Inc. in the amount of $119,569.00. for the Saeger Avenue Stormwater Improvements Project and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote Commissioner Fowler pulled the item for separate comment only. 6. Award Work Authorization No. 8 to Contract C20-01-156 with Kimley Horn and Associates Inc. in the Amount of $166,140.00 for the Design of the Sheraton Plaza Stormwater Treatment Area, Partially Funded by a Grant from the Indian River Lagoon National Estuary Council 13 1 BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Staff recommended Board approval to award Work Authorization No. 8 to Contract C20-01-156 with Kimley Horn and Associates Inc. in the amount of $166,140.00 for the design and permitting of the Sheraton Plaza Stormwater Treatment Area project and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS Changes were made to the order of agenda items during the meeting. A. PLANNING & DEVELOPMENT SERVICES 1. Florida Power & Light Sunbreak Substation Rezoning - THIS ITEM IS QUASI-JUDICIAL The applicant is seeking to rezone from the AG-5 (Agricultural-5) Zoning District to the U (Utilities) Zoning District. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Jamie Fowler - Spoke with staff and representative for the applicant. Commissioner Linda Bartz - Spoke with and representative for the applicant. Commissioner Larry Leet- Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Chair Cathy Townsend - Spoke with staff and the applicant. Thad Crowe, Senior Planner, and Kori Benton, Planning Manager, of Planning & Development Services, 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 on October 26, 2023, notices were mailed, and signs were placed on the subject property. The petitioner, FP&L, is requesting an amendment to the official zoning atlas to rezone 224 acres from the Agricultural-5 Zoning District to the Utilities Zoning District. The property is located in the Northwest corner of the C-24 Canal and the Florida Turnpike and outside the Urban Service Boundary (USB). The petitioner is working to link regional transmission lines with substations like this one to provide for a more reliable power grid and has completed several solar generation facilities in western St. Lucie County to assist in sustainable energy solutions. The proposed transmission line substations require enhanced electric transmission infrastructure to support these new energy sources. The Planning and Zoning Commission held a public hearing on this item on September 28, 2023, and unanimously passed a motion recommending the Board's approval. Staff recommended approval of the rezoning from AG-5 (Agricultural-5) to U (Utilities), authorizing the Chair to sign Resolution 2023-216 as approved by the County Attorney. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Dennis Murphy (FPL representative) 14 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM 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. ri IIIULIUII VVdb IIIdUC LU dPPIUVC JLdll ICL.UIIIIIICIIUdLIU11J, dllU IL f clbbt=U UIId111111VUJly. 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 2. Adoption Hearing - P1 Motor Club - Proposed Comprehensive Plan Future Land Use Map Amendment from AG-5 (Agricultural-5) to SD (Special District) Jessica Cruz, Court Reporter for US Legal Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board for a second hearing on the proposed item. Following the public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on October 26, 2023, notices were mailed and signs were placed on the subject property. The property owner has requested an amendment to the Comprehensive Plan Future Land Use Map for an area of approximately 629 acres at 5325 Summerlin Road. The property is bordered by Okeechobee Road to the north, Summerlin Road to the east, and land owned by the South Florida Water Management District to the south and west. The area is situated west of the intersection of Summerlin Road and Okeechobee Road. The requested amendment will change the land use designation from Agricultural-5 (AG-5) to Special District (SD). The proposed Special District (SD) designation will regulate a motorsports community to be developed under a Planned Mixed - Use Area (PMUD). The motor club will be a private motorsport complex intended to provide private circuits (tracks) designed to allow high-performance driving in a controlled and therefore safer environment. The multi -phased project will be served by self-contained water treatment plants for water and wastewater and is expected to be completed by 2044. The private, member -supported development will be motorsport- oriented and will have paved track circuits, event centers, karting/autocross circuits, off -road circuits, specialized "garagemahals" and skid pads, along with resort amenities. The amenities will include a clubhouse, gym, outdoor pool, outdoor courts, sidewalks, walking trails, vehicle service area, event center, drive center, and enclosed auto/RV storage. The motor club will also include an auto -launch control pad, a niche automotive -related research and development complex, and enclosed vehicle storage open to the public. There are 16 residences between 50 feet and 1.6 miles from the subject property. Following the Special District designation requirement to maintain consistent entitlements as allowed in the current AG-5 future land use, the project may utilize no more than 125 garagemahals and/or guest accommodations as overnight accommodations on any given night, which would be equivalent to the ability to develop guest homes in the AG-5 designation. Residential densities within an area designated as a Special District are limited to what the current land use designation authorizes. Any increase over the present designation may be considered only through the Plan Amendment process. Special District designated areas include 15 1 BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM previously approved Community Development Districts, areas for which a site -specific development plan or concept has been granted, or areas which by their location have specific issues and concerns for their development. On August 1, 2023, the Board voted 5-1 to transmit the proposed amendment to state and regional agencies for expedited state review, as required by statute. On September 8, 2023, the Florida Department of Commerce provided substantive comments from the following agencies South Florida Water Management District (SFWMD); Florida Department of Transportation (FDOT), District 4; and Treasure Coast Regional Planning Council (TCRPC). The SFWMD comments reinforced the requirements for stormwater permits and the need to cap old wells. FDOT seeks assurance that water, sewer, roads, recreation, and other services funded by the P1 Motor Club are not extended to serve other uses beyond the existing property boundary. TCRPC suggested that the County consider specific language in (Open Space) Regulatory Standard #7 that prohibits perimeter landscape buffers from being counted towards the required open space since it is not useful for recreation. The TCRPC also suggested that Standard #4 be improved for clarity and future application by referring to a maximum number of days since the "multi -day events" and special events should be addressed in the PMUD. The TCRPC also echoed the SFWMD's concern regarding the impacts on future reservoir wildlife, in particular wading birds, given the proximity of the proposed airfield while recommending limitations of sound levels on the property. The applicant revised new conditions with the language based on the feedback from each agency as addressed in the report. Also, based on the input from the agency regarding the impact of an airfield on the population, the applicant has removed the airfields completely. Therefore, there will be no airfield. The airfield has been replaced with an auto -launch control pad. The control pad is a half -mile straightway that will allow testing for car acceleration. The P1 Motor Club will not be designed to be a spectator facility other than limited special events/training exercises open to the public. There will be limited lighting for nighttime driving which will be an exception, not the rule. Hours of operation shall be dawn to two hours after sunset for the circuits/tracks skid pad and auto launch control pads. The PMUD shall include an analysis that demonstrates the ability to meet proposed water demands and identify demands for irrigation and potable supply, water supply sources, and treatment. At the request of the St Lucie Fire District, the applicant donated land for a future fire station, with the location and size of the property to be approved by the district. This request shall be made within five years of the date of the first development permit issued for the project. The applicant shall provide a noise assessment as part of the PMUD that indicates average and peak noise levels. The use of PA systems shall be prohibited. The PMUD must specify accommodations for no more than 125 garagemahals units per night, as well as a guest registration process with monitoring and auditing procedures. The open space that is required may consist of various amenities such as parks, playgrounds, active and passive recreation areas, bicycle and pedestrian paths and facilities, common open spaces, common landscaping or planting areas, etc. All the amenities, recreation areas, and other open spaces must be connected by sidewalks and trails. The PMUD must delineate the open space. The applicant shall develop a project impact analysis in association with the PMUD on the planned South Florida Water Management District reservoirs in terms of water quality, supply impacts, and other wildlife. The proposal shall include a detailed traffic analysis accurately reflecting each proposed use and its attributes. The development standards require a minimum buffering width of 80ft for RV parks, 50ft for residential areas, and 10ft for all others. Additionally, a minimum of 35% open space is required. Lastly, the maximum number of licensed members cannot exceed 1,200. Phase I will be monitored which will include 200,000 SF. of the garagemahals and one of the two main circuits/tracks. Traffic studies shall be conducted annually and reviewed to ensure that projected 161Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM development traffic is not exceeded. If traffic impacts exceed projections, then P1 Motor Club shall apply to amend the PMUD to either adjust the development program to adhere to traffic impact projections or to modify traffic projections. Staff recommended that the Board adopt the proposed Future Land Use Map Amendment to the proposed Special District Regulations, as modified since Amendment Transmittal. Staff recommended the Board approve Ordinance 2023-16, adopting the proposed Future Land Use Map Amendment from AG-5 (Agricultural-5) to SD (Special District), including the Special District regulating standards as recommended by staff. Adam Fetterman, Councilman for P1 Motor Club, addressed the Board regarding the Transmittal and the proposed project. Molly Strauss, the applicant addressed the Board regarding the project and commented and advised that P1 Motor Club Treasure Coast Circuit will be available for private car club rental to Treasure Coast motorsports enthusiasts in a safer, controlled environment. Each year, in partnership with local law enforcement, P1 Motor Club will offer two high-performance educational and driving events for local teen drivers - at no cost to St. Lucie's residents, and driving participants must have no moving violations for 12 months. Through a partnership with Indian River State College, the motor club will offer summer internships to students seeking an Applied Science Degree in Automotive Service Management Technology. Also, by 2030, the motor club will provide full-time employment at service centers or partner race shops to over 20 /RSC graduates at average starting salaries above the county median. In response to the neighborhood feedback, it was advised that buffers and appearance would be consistent with the rural landscape. In addition to Special District noise ordinances, a sound consultant assisted during the PMUD process to assess opportunities through track design, landscaping, and/or berms to further mitigate sound, when necessary, generated by track activities directed towards existing residential properties to the north and east. The landing strip has been removed and there will be no aircraft operations. The property was a former citrus grove fully disturbed and contains no wetlands. Future adjacent water management reservoirs are expected to attract and support bird life. Reclaimed water will be used for irrigation. The skid pad is designed as a concave circle to capture and reuse 75-80% of water during wet driving activities. There has been early coordination with the South Florida Water Management District. Significant reduction in effluent relative to existing and former agricultural operations (nitrogen fertilizers). Also, spills (oil, gas, etc.) from modern sports cars are rare, and first responders will clean up by using kitty litter immediately with no runoff of fluids or pollutants. Ms. Strauss also provided an overview of greenhouse gas emissions, CO2 emissions, and energy consumption. Chair Townsend opened the hearing for public comment at this time. The following people addressed the Board. • Diane Goldberg • Drew Martin • James Moir • Ellen Lynch • Pete Tesch • Connie Grimm 17 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM • Grayson Gilbert • Danny Sullivan • Cody Holcomb With no one else wishing to address the Board, Chair Townsend closed the public hearing. The Board discussed issues regarding the proposed item including the 125 dwelling units and limitations, environmental issues, water quality, water table, airfield, C-24/25 reservoirs, fuel spills/burning, carbon impacts, traffic study issues, septic tanks, fuel tanks/pumps, speed limits, noise impacts, TPO, facility monitoring/amenities, schools, track design, South Florida Water Management District standards, stormwater retention areas, time on completion, and landscaping. A motion was made to approve staff recommendations, including special regulations and modified amenaments trom the i ransmittai, ana upon roil caii, it passes unanimously. RESULT: ADOPT 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 Break: 8:43 PM Reconvened: 8:57 PM 2. Hutchinson Island - Building Height Zone - Ordinance No. 23-XXXA and 23-XXXB Kori Benton, Planning & Development Services Planning Manager, and Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board. Due to unforeseen circumstances, with County operations, Chair Townsend recommended the item be continued to the BOCC's December 5, 2023, meeting agenda. Chair Townsend opened the hearing for public comment at this time for residents who would be unable to attend the continuation date. • Jim Mapp 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, to continue the item to the December 5, 2023, Regular Meeting Agenda, or soon thereafter, and it passed unanimously. RESULT: CONTINUE OR BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM 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 Break: 6:42 PM Reconvened: 6:47 PM 3. Comprehensive Plan Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Element (continued from 10/3/23) - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 12/5/2023 BOCC MEETING Kori Benton, Planning & Development Services Planning Manager, and Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Towns, Villages & Countryside (TVC) Element amendment to the February 6, 2024, BOCC meeting agenda. Staff recommended the Board consider that request and continue the item. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, to continue the item to the February 6, 2024, Keguiar ivieeting Hgenaa or soon tnerearter, ana it passea unanimously. RESULT: CONTINUE 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 4. Land Development Code Text Amendment - Lennar Homes Proposal to Amend the Towns, Villages & Countryside (TVC) Overlay (continued from 10/3/23) - THE APPLICANT HAS REQUESTED A CONTINUANCE TO THE 12/5/2023 BOCC MEETING Kori Benton, Planning & Development Services Planning Manager, and Thad Crowe, Planning & Development Services Senior Planner, presented this item to the Board. Although this item was noticed adequately for the public hearing, the applicant's team requested a continuance of the Towns, Villages & Countryside (TVC) Overlay amendment to the February 6, 2024, BOCC meeting agenda. Staff recommended the Board consider that request and continue the item. 19 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, to continue the item to the February 6, 2024, Regular Meeting Agenda or soon thereafter, and it passed unanimously. RESULT: CONTINUE 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 5. County Initiated Land Development Code Text Amendment to Backyard Chickens Benjamin Balcer, Director, Kori Benton, Planning Manager, and Thad Crowe, Senior Planner, of Planning and Development Services presented this item to the Board. A County -initiated Land Development Code text amendment specifically related to the required buffering between registered chicken coops and adjacent properties. Additionally, the proposed amendment seeks to remove the requirement for the opaque buffer to be located on the property line, allowing the opaque buffer to be located between the registered chicken coop and the property line. 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 October 19, 2023. In 2020, the Board adopted regulations on the Backyard Chicken Program allowing residents within an occupied residential zoning district to keep up to 5 hen chickens. The adopted language also spelled out the location and buffering requirements for the chicken coops. The coops must be in the rear lot, meet applicable setbacks, and be screened from adjacent properties and rights -of -way with a six -foot -tall opaque fence or a wall located on the property line. The purpose of the text amendment is to provide options for providing a vegetative buffer to serve as an alternative to installing an opaque fence or wall to satisfy the screening requirements for the coop. Additionally, the drafted language provides additional flexibility by removing the requirement that the opaque screening be located on the property line and allowing it to be placed elsewhere within the yard. The drafted language gives citizens the option to plant or preserve evergreen shrubs that can be maintained at a minimum of six feet in height to satisfy the buffering requirement. Also, it allows the required buffer to be between the registered chicken coop and the property line, not specifically on the property line. The amendment enhances the existing land development code language and provides flexible options for residents seeking to participate in the Backyard Chicken Program. The Planning & Zoning Commission heard this petition on September 28, 2023, at a regularly scheduled meeting and unanimously recommended approval of the drafted ordinance. Staff recommended the Board vote to schedule the adoption hearing for the proposed Land Development Text Amendment on December 5, 2023, at 6:00 PM or as soon thereafter as may be heard. 201Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. 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 1ST READING 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 AX4111 ►[.= B. PUBLIC WORKS 1. Morningside Palm Breezes Mining Permit Exemption Daniel Zrallack, County Engineer, and Patrick Dayan, Public Works Director, presented this item to the Board. Following the public notice requirements public hearing notice was placed in the St. Lucie News Tribune, mail notices were sent to property owners within 500 feet of the subject property, and a sign was placed on the property. Renar Homes LLC has filed a Mining Permit exemption application for the removal of excess soil material associated with the construction of 13.73 acres of stormwater management areas. The parcel includes the Morningside Palm Breezes residential development, located % mile north of Orange Avenue and mile east of the Florida Turnpike in St. Lucie County. In 2004 the PUD site plan was approved consisting of 646 single-family lots consisting of 3 phases. In 2005, administrative approval for a minor adjustment to the site plan was granted to decrease the number of single-family residential lots from 646 to 634. The proposal is to remove approximately 8,000 cubic yards of excess material off -site with approximately 400 dump truck loads for use at other projects. Any operation that entails the excavation or removal of earth off -site over 100 cubic yards is required to get a Mining Permit, unless exempt according to the Land Development Code. The Land Development code specifies that no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board. Also, the Land Development Code outlines activities that are exempt from the mining permit requirement provided that all applicable federal, state, and local permits and/or authorizations have been obtained and the removal of the material remains on -site and is required to support development on -site. The proposed haul route is currently a one-way in and out, requiring Morningside trucks to exit through the existing development. A plan is being made to avoid houses facing the roadway. The vehicles will exit onto Orange Avenue continue east towards 1-95, and then head north or south. This exemption provides a process for the off -site removal of material over 100 cubic yards, provided the property owner receives approval from the Board through a public hearing process. Staff recommended the Board provide approval for the mining permit exemption with the following conditions: The removal of excavated material under this exemption shall be performed and completed within 6 months of the date of the executed resolution. 211 Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM 2. The hauling operation is limited to Monday through Friday between the hours of 9:00 am and 3:00 pm, excluding all holidays. If there are documented adverse effects from the hauling operation during the school session, the County Engineer may further restrict the hours of operation as necessary. 3. A maintenance agreement bond or line of credit ($100,000) will be secured within 30 days of Board Approval and maintained until receiving the County's written approval of hauling completion. The County will inspect the haul route, including but not limited to Orange Avenue and Palm Breezes Drive, during and following the hauling operation. Renar Homes (Morningside), LLC will be responsible for any damage associated with the hauling. 4. This mining permit exemption may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. Rhonda Rhodes, who represented the applicant, addressed concerns about road damage and stated that Renar Homes would be ready to repair any damage to the roads. 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. F% IIIULIUI I VVd.'j IIICIUC LU CIPPI UVC JLdl l I UL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III IIUUJIY. 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 2. Creekside Mining Permit Exemption Daniel Zrallack, County Engineer, and Patrick Dayan, Public Works Director, presented this item to the Board. Following the public notice requirements, a public hearing notice was placed in the St. Lucie News Tribune, mail notices were sent to property owners within 500 feet of the property, and a sign was placed on the property. Creekside CDD and D.R. Horton have filed a mining permit exemption application for the removal of excess soil material associated with the construction of stormwater retention areas, lakes, and filtered marsh. The parent parcel as requested consists of 178.7 acres, located on the south side of Okeechobee Road/State Road 70 between Gentile Road and Eleven Mile Road in St. Lucie County. The proposed site plan includes 443 single-family homes, 337 townhomes, a 5.5-acre residential/commercial area, a 5.1-acre park area, and approximately 52.9 acres of lakes and filter marsh. In 2004, the preliminary PUD was received, and the final PUD in 2005. On October 3, 2023, the proposed mining permit was 221Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM continued by the Board to allow the developer time to meet with concerned residents, and a community meeting was held with staff in attendance. Staff advised the issues may have been resolved as there were no questions addressed specifically to the mining permit exemption. Creekside PUD proposes the off -site removal of 900,000 cubic yards of excess material from the construction of on -site stormwater management areas with approximately 45,000 dump truck loads that will be exiting the site onto Okeechobee Road to the construction entrance on the western side of the site. There is an exemption for off -site removal if the applicant returns for a public hearing to get my permit exemption. The proposed haul route. State Road 70, also known as Okeechobee Road, is the primary state road used for hauling. Drivers will exit onto this road and have the option to go either west towards Okeechobee or towards 1-95 or Turnpike. Most of the time, state roads will be used for hauling instead of County roads. Staff recommended the Board provide approval of the mining permit exemption with the following conditions: 1. Completion of Hauling Operations within 32 months (May 31, 2026). 2. Hauling is limited to Monday - Friday, 8 am to 5 pm (excluding holidays). 3. Subdivision Performance Bond held for potential damage to roadways. 4. Approval may be revoked for either: • Violations • Proof of adverse effects on adjacent properties Chair Townsend commented and raised a question regarding whether the issues with the residents had been resolved or not, even though no questions were specifically asked about the mining permit exemption. In response, Bryan Nolan, who was representing the applicant, stated that the issues were in the process of being addressed, but he could not confirm whether they had been resolved at that time. Mr. Nolan also addressed concerns regarding the hauling route/roads, road repairs, excavation, and communication with residents. Commissioner Fowler commented on the dump truck hall road speed limit of 55 mph and safety with the weight of the trucks. She requested additional Maintenance of Traffic (MOT) with blinking lights and signage for an extra layer of safety. Mr. Nolan advised he would work with the Public Safety Department for additional safety measures. 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 the staff recommendation of the mining exemption application, with aaaitionai maintenance of i rattic (iviu i ) safety, ano it passeo unanimously. 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 23 1 BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM 3. County Initiated Comprehensive Plan Amendment Update to the Transportation Element Map Series Transmittal Hearing Patrick Dayan, Public Works Director, presented this item to the Board. Following the notice requirements, public hearing notices were placed in St. Lucie News Tribune and TC Palm on October 19, 2023. In addition, this item was heard by the Planning and Zoning Board on September 28, 2023, and was voted unanimously to recommend approval of the Comprehensive Plan Amendment to the Board. The County is statutorily required to maintain a Comprehensive Plan within that comprehensive plan, which is a set of objectives, strategies, maps, and other guiding documents to provide for a multimodal transportation system for moving goods within St. Lucie County. The Transportation Element focuses on maintaining a safe and efficient transportation system. St. Lucie County is proposing amendments to the adopted Comprehensive Plan to amend the Transportation Map (TRN) Series to provide effective right-of-way management for future growth, respond to existing development and plan for imminent and future development, and plan for infrastructure investments in the projected growth areas. The census data between 2010 and 2020 the population within the area has grown by 51,000 new residents, which is an 18.5% growth rate and is projected to outpace the Bureau of Economic and Business Research's medium -pace growth for the area. In response, the County expanded the Urban Service Boundary Area in 2022. The staff mentioned active proposals for expansion within the Urban Service Boundary area, including Oak Ridge Ranches' planned unit development providing significant roadway improvements to offset the impact of their transportation. The staff understands supplemental corridors will need to be provided to help with the upcoming growth. Also, mentioned was the Everglades restoration plan that reservoirs and stormwater treatment areas, FPL Utility, Summerlin Road, and updates to the right away protection map or right away transportation protection map which is in the land development code. The County's Comprehensive Plan Transportation Map series (Maps) was last updated in 2018 with the Evaluation and Appraisal Review (EAR) based amendments. Since that time, significant growth has occurred and development activity has accelerated, advancing the need to plan for future corridors to serve the needs of the growing population. The Transportation Element (TRN) Map is a series of 7 different maps and considers the information contained in both the City of Port St. Lucie's mobility plan and the Transportation Planning Organization's long-range transportation plan 2045 smart moves versions. Staff advised local roads are not included in the map series and provided an overview of some changes made to the Transportation Element (TRN) Map: • Map: TRN 1- Existing lanes have been updated with a new inventory based on the recently completed widening projects. • Map: TRN 2 - The future number of lanes has the most changes with the addition of new corridors along with the provision to the Urban Service Boundary expansion, and the creation of more cross connectivity with three new east -west corridors that help supplement State Route 70, Midway and Orange Ave corridors and other various locations. • Map: TRN 3 - Existing functions classification by the Federal Highway Administration (FHWA)and the Transportation Planning Organization (TPO) dictate which roads are based on vehicle trip length, speed, and other data by major/minor collectors, etc., where the existing functional classification is being updated. • Map: TRN 4 - Existing level or service for County Roadways updates the capacity of the roadway based on the number of vehicles on that roadway in reference to the Transportation Planning 241Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Organization (TPO) data. Map: TRN 5 - Future level of service also uses the Transportation Planning Organization (TPO) alignment with the roadway corridors data collected with the proposed network. The new corridors have not been designed yet, and they have not been assigned to any particular model. Once updated with the proposed level of service, the map will be placed on the 2045 horizon. Map: TRN 6 - Existing bike lanes have been improved and updated when the County has any road widening projects with paved shoulders and multi -use paths. Map: TRN 7 - Future bike lanes will also be improved and updated when the County has any road widening projects with paved shoulders and multi -use paths. Staff recommended the Board approve the transmittal of the proposed map updates to the state agencies. 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 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. County Initiated Land Development Code Text Amendment to Update the Thoroughfare Network Right of Way Protection Plan (ROWPM) and Update Traffic Impact Report Standards Public Works Director, and Daniel Zrallack, County Engineer, presented this item to the Board. The Land Development Code text amendment to update a plan for corridor right-of-way protection plan and traffic impact report standards. Following the public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on October 19, 2023, The Planning and Zoning Commission also heard the item on September 28, 2023, and was unanimously voted to forward information to the Board. This is the first of two public hearings about the item. The expanded Urban Service Boundary prompted a reassessment of transportation corridors to serve the growing needs of the County area. The ROWPM provides for focusing on maintaining a safe and efficient transportation system. The plan seeks to improve multimodal connectivity and mobility for the residents Countywide and is consistent with the County's Comprehensive Plan and the Transportation Planning Organization (TPO) documents for future long-term transportation goals. TPO recently adopted a policy for transportation impact studies, which standardizes the language and expectations to prospective applicants with intentions to broadcast, set expectations, and provide some framework under which studies should be performed. It establishes a standardized approach that can be applied uniformly across different jurisdictions. Which is referenced in Section 7.05.10, of the Land Development Code establishing Internal Capture Standards for Traffic Impact 251Page BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Studies (SLC/TPO), Section 7.06.02, which removes the County website and PDS as standards for parking generation, and Section 11.02.09, which simplifies Reporting Thresholds and References Standards for Traffic Impact Studies (SLC/TPO). The text update includes Section 7.05.03.D.2: Increase adjustment distance from 660 feet to 1,320 feet. The Right of Way Protection shows dedication to existing corridors providing the ultimate lane with requirements which is necessary for economic growth and safety. The Thoroughfare Network Right of Way Protection Plan (ROWPM) provides for focusing on maintaining a safe and efficient transportation system. The plan seeks to improve multimodal connectivity, and mobility for the residents Countywide while implementing the County's comprehensive plan remaining consistent with the Transportation Planning Organization (TPO) documents for future long-term transportation goals. It is not requiring the County to construct any of the roadways. There is a Comprehensive Plan Policy that allows flexibility based on the growth and pace of development in the area. The required updates to the railway Protection Plan both in the County's Comprehensive Plan and Land Development Code are required once every 2 years and are required to be updated if a corridor no longer is necessary and if new corridors are required, place them into the plan. Also, for any additions or deletions to be included in the Comprehensive Plan Transportation Series. The current right-of-way protection map was last updated in 2010. Staff provided the Board with a summary overview of changes/updates included in the report. Staff recommended the Board direct staff to schedule the second public hearing on the Land Development Code Text Amendments to update the Thoroughfare Network Right of Way Protection Plan (ROWPM) and to update traffic impact report standards. 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. 11 IIIULIUII Wdb MdldC LU dPP1L)VC JLdll fCL.UI11111t:!11UdLIUIIJ, d[IU IL udJJCld UIId111111L)Ub1V. 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 11. REGULAR AGENDA Changes were made to the order of agenda items during the meeting. A. COUNTY ATTORNEY 1. Resolution No. 2023-200—Approving Certain Incentives on Behalf of Treasure Coast Food Bank Katherine Barbieri, Assistant County Attorney, presented this item to the Board. The Treasure Coast Food 26 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM Bank is aiming to consolidate its properties and enhance its operating capacity in St. Lucie County while distributing millions of pounds of food and meals annually. The project will include a 113,000-square-foot state-of-the-art facility and the creation of 53 new jobs. The schedule includes 19 new jobs in Year 1, 18 in Year 2, and 16 in Year 3. Upon adoption, Resolution 2023-200 authorizes a St. Lucie County Job Growth Investment grant (JGIG) to the Treasure Coast Food Bank. Staff recommended the Board adopt Resolution No. 23-200 and authorize the Chair to sign the resolution. Pete Tesch, President of the Economic Development Council of St. Lucie County (EDC) and Board member of the Treasure Coast Food Bank commented on the item regarding the $30 million business park facility to assist St. Lucie County and the Treasure Coast with high -waged job creation with an average of $23.56 per hour. The Board did not have any questions or comments on this item. H IIIULIUII VVd.'j IIIdUC LU CIPPI UVC JLdll I CL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIy. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Contract for Sale and Purchase - Midway River LLC - Parcel ID 3403-502-0086-000-3 and 3403-502- 0093-000-5 JoAnn Riley, Properties Acquisition Manager, Amy Griffin, Environmental Resources Director, and Matt Baum, Parks & Recreation Director, presented this item to the Board. On October 25, 2023, the St. Lucie County Land Acquisition Selection Committee (LASC) reviewed the Midway River LLC parcels located on Midway Road near South 25th Street and ranked the parcels as a "B" site. The parcels are listed for sale and staff has received willing seller confirmation. The Land Acquisition Selection Committee ranked the site as a B-site. The LASC Parcel Number ST 203 consists of two contiguous parcels of land that are "L" shaped and totaling 27.74 acres of land adjacent to Midway Road to the south, South 25th Street to the West, and the North Fork of St. Lucie River to the East with over 600 linear feet of shoreline. A previously approved site plan named "River Landing" proposed 99 units in 17 townhome buildings. However, the plan has since expired. The proposed property consists of mixed native upland and wetland habitats and exotic vegetation. The primary management goal for the 12 to 15 acres that are set aside for preservation will be to manage the high -quality native habitats located along the North Fork of the St. Lucie River (NFSLR) primarily through exotic removal and hydrologic restoration, as well as providing passive recreational opportunities to the St. Lucie County Greenways & Paddling Trail corridors. The acquisition will fill a gap in the twelve -mile -long NFSLR ecological corridor, which currently contains over 1,600 publicly owned and managed acres. The Park and Recreation Department will also participate in the acquisition in their 10-year master plan and the top priority includes Land Acquisition and a Recreational Aquatic and Recreation Center which the remaining 12 to 15 acres will be used for within 27 1 P a g BOCC Regular Meeting Tuesday, November 7, 2023 6:00 PM the County for residents. Per County policy, two appraisals were prepared by Callaway & Price for $2,750,000 and Parrish & Edwards for $2,670,000. Staff presented a contract for sale and purchase to Midway River LLC for $2,710,000, an average of both appraisals. The Midway River LLC executed the contract and returned it to staff with a counteroffer of $2,750,000. The staff contacted Callaway & Price and Parrish & Edwards to determine if the counteroffer was within their range of value and was advised by both appraisers that the counteroffer was within their range of value. This acquisition will be a 50:50 partnership with Environmental Resources and Parks & Recreation. The Land Acquisition Selection Committee ranked the site as a B-site and approved the collaborative funding approach between Environmental Resources and Parks & Recreation. Staff recommended the Board approve the Contract for Sale and Purchase from Midway River LLC, authorize the Chair to sign the Contract, direct staff to proceed with the closing, and record the Warranty Deed in the public records of St. Lucie County. Commissioner Dzadovsky commented on the 10-mile creek corridor, resources for the public, the strategic planning process, and flood insurance. The Board had no further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 12. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 14, 2023, at 9 am 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 their Annual Reorganization meeting on Tuesday, November 14, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 13. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:37 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 281Page