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HomeMy WebLinkAboutMinutes 01.11.202291rc LUCE (D 0'�) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting January 11, 2022 Convened: 6:00 PM Adjourned: 8:10 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Sean Mitchell, District No. 2. Present Commissioner Sean Mitchell District 2, Commissioner Frannie Hutchinson District 4, Commissioner Chris Dzadovsky District 1, Commissioner Linda Bartz District 3, Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Daniel McIntyre, County Attorney Katherine Barbieri, Asst. County Attorney Linda Pendarvis, Planning & Development ServicesPlanning Manager Patrick Dayan, Water Quality Division Manager Monica Graziani, Planning & Development Services Building & Code Regulation Manager Don West, Public Works Director Jodi Nentwick-Kugler, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Assistant Planning Manager Matt Baum, Interim Parks & Recreation Director Leslie Olson, Planning & Dev. Services Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed public comment. BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 5. 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 Frannie Hutchinson Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of December 7, 2021. B. Board of County Commissioners minutes for the BOCC Regular Meeting of December 14, 2021. C. Board of County Commissioners minutes for the BOCC Informal Meeting of December 14, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-011 - Proclaiming January 17, 2022, as "Rev. Dr. Martin Luther King Jr. Day" in St. Lucie County, Florida - ADD ON The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to the " Martin Luther King Jr." Commemorative Committee Chair Diane Williams Johnson and Larryton McNealy, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None Pa BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 7. PRESENTATIONS A. Check Presentation for Veterans Homeless Project Wayne Teegardin of the St. Lucie County Veterans Service and several retired veterans presented an $11,000.00 check to the Homeless Veterans Project. Jose Capellan, the County Veteran Service Office Manager, accepted the check. The St. Lucie County Veteran Service's mission is to serve Veterans of America and their families with compassion and be their principal advocate to ensure that they receive the support and recognition earned in service to the nation. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 10 - 12 Adopted by Consent Vote B. ADMINISTRATION 1. Ratification of Task Force Members for One St. Lucie Community Homelessness Task Force Staff recommended ratification of appointments from the cities of Port St. Lucie and Fort Pierce. - City of Port Saint Lucie City Council Member - Anthony Bonna - City of Fort Pierce City Commission Member - Arnold S. Gaines Adopted by Consent Vote C. COUNTY ATTORNEY 1. Permission to Advertise a Public Hearing, pursuant to Appendix A -Local Acts, Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, to approve an 3 1 P a g E BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM Order to demolish an unsafe structure located at 3019 McNeil Road, Fort Pierce, FL Staff recommended, under the provisions of Section 7-42, Appendix A -Local Acts Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, that the Board accept the Certified Reports of Inspection of Building for filing, declare the building to be unsafe, authorize staff to order 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 located at 3019 McNeil Road, Fort Pierce, Florida. Adopted by Consent Vote Permission to Advertise a Public Hearing, pursuant to Appendix A -Local Acts, Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, to approve an Order to demolish an unsafe structure located at 13179 S. Indian River Drive (east side of the road), Jensen Beach, FL. Staff recommended, under the provisions of Section 7-42, Appendix A -Local Acts Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, that the Board accept the Certified Reports of Inspection of Building for filing, declare the building to be unsafe, authorize staff to order 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 located at 13179 S. Indian River Drive (east side of the road), Jensen Beach, Florida. Adopted by Consent Vote 3. Permission to Advertise a Public Hearing, pursuant to Appendix A -Local Acts, Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, to approve an Order to demolish an unsafe structure located at 1802 Angle Road, Fort Pierce, FL Staff recommended, under the provisions of Section 7-42, Appendix A -Local Acts Article VII, Division 2 of the St. Lucie County Code of Ordinances and Compiled Laws, that the Board accept the Certified Reports of Inspection of Building for filing, declare the building to be unsafe, authorize staff to order 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 located at 1802 Angle Road, Fort Pierce, Florida. Adopted by Consent Vote 4. Job Growth Investment Grant Agreement - ACCEL International Holdings, Inc. - First Amendment to JGIG 21-003 Staff recommended the Board approve the proposed First Amendment Job Growth Incentive Grant (JGIG) Agreement with ACCEL International Holdings, Inc., and authorize the Chair to sign the first amendment. Adopted by Consent Vote 4 1 P a g E BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 5. St. Lucie County Health Department - Fiscal Year 2021-22 Contract - Amendment to Contract - Purchase of Vehicles Staff recommended the Board approve the proposed purchase of vehicles in the amount of $239,377.00 and the corresponding reduction of $239,377.00 in the County's contribution to Fiscal Year 2021-22 contract with the Florida Department of Health. Adopted by Consent Vote 6. Resolution No. 2022-9 - Allowing the Drug Abuse Treatment Assn., Inc., a Not for Profit Corporation, the Continued Use of Space at 4590 Selvitz Road to Provide Shelter and Care for Dependent Children and Children Awaiting Dependency Adjudication Staff recommended the Board adopt the proposed resolution authorizing DATA's continued use of the facilities through and including June 30, 2024, and authorize the Chair to sign the fifteenth amendment to the facilities use agreement as drafted by the County Attorney. Adopted by Consent Vote 7. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Bruce Finney - Parcel ID 1431-703-0006-000-7 Staff recommended the Board approve the Contract for Sale and Purchase from Bruce Finney, 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 Florida. Adopted by Consent Vote 8. Grade Crossing License Agreement - Florida East Coast Railway, L.L.C. (FEC) - Edwards Road During the month of September 2017, the effects of Hurricane Irma resulted in multiple pavement failures on Edwards Road from Oleander Avenue to US-1. The excessive rainfall caused a system -wide failure that will require the reconstruction of Edwards Road and the replacement of the existing drainage system. The westbound outside travel lane is currently closed to ensure the safety of the traveling public. Construction work will be done on FEC Railroad right-of-way that will include a jack and bore installation of a 42" steel casing for a 24" RCP storm drain and directional drilling operation to install conduits for future County fiber infrastructure. The FEC requires the existing License Agreement be amended for the installation of new infrastructure in their right-of-way. Staff recommended that the Board approve the license agreement with Florida East Coast Railway, L.L.C. (FEC), authorize the Chair to sign the agreement, direct staff to return the agreement to FEC for signature and record in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5 1 P a g E BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 9. Revocable License Agreement - 180 SE Bonita Court - River Park - Unit 5 - Carlos R. Fernandez, Isabel F. Gonzalez and Yean Carlos Fernandez - Parcel ID 3419-540-0302-000-1 Yean Fernandez is requesting a Revocable License Agreement to be allowed to install a 6' wood fence along the west side of his property within the County's 6' Drainage/Utility Easement, and a 6' wood fence along the south side of his property within the County's 10' Drainage/Utility Easement, per the Declaration of Restrictive Covenants recorded in Deed Book 247 Page 37. He understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Carlos R. Fernandez passed away on October 21, 2021. Yean Fernandez provided a death certificate in lieu of a signature to the Property Acquisition Division. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Yean Fernandez pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 10. Revocable License Agreement - 3712 Tanager Place - Estates of Longwood - Edmond Warren Alonzo III and Katharine Anne Alonzo - Parcel ID 2433-502-0020-000-3 Mr. Alonzo is requesting a Revocable License Agreement to be allowed to install a 6' PVC fence with gate along the southeast side of the property, within the County's 7.5' Drainage Easement, and a 6' PVC fence along the northeast side of the property, extending into the County's 7.5' Drainage Easement, per the Estates of Longwood Subdivision Plat, recorded in Plat Book 26, Page 27. The fence and gate must be placed a minimum of 2' off the centerline of the existing concrete pipe. The Owners have requested that any existing landscaping and irrigation be allowed to remain in the 7.5' Drainage Easement. He understands if the County Engineer determines the fence, gate, landscaping, or irrigation is causing flooding, drainage problems or for other needs in the area, the fence, gate, landscaping, and irrigation will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Alonzo pay to record the agreement in the public records of St. Lucie County, Florida. 6 1 P a g e BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM Adopted by Consent Vote D. FACILITIES 1. Funding Request - St. Lucie County Downtown Court Complex Second Floor Building C Interior Improvements Staff recommended Board approval for the improvement of St. Lucie County Downtown Court Complex Second floor Building C in the amount of $515,000.00 and allocations of funds for utilization. Adopted by Consent Vote 2. Bid Award - Bid No. 21-054; Security Infrastructure & Support Services for Various County Buildings This item is the bid award for security infrastructure and support services at St. Lucie County Courthouse Complex Buildings A, B, & C, and St. Lucie West Annex. Staff recommended Board approval to award Bid No. 21-054 Security Infrastructure & Support Services for Various County Buildings to TRIAD Security Group, Inc. in the amount of $31,620.00 per year for an initial term of three years and two 1-year renewal options, authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 21-083, Professional Engineering Services - Design and Permitting of Water & Wastewater Projects Staff recommended Board approval of the short-listed firms for RFQ No. 21-083 and permission to: • Conduct contract negotiations with short-listed firms; • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 2. Request for Qualifications (RFQ) No. 21-084, Professional Construction Engineering Inspection Services for Water & Wastewater Projects Staff recommended Board approval of the short-listed firms for RFQ No. 21-084 and 7 1 P a g e BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM permission to: • Conduct contract negotiations with short-listed firms; • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 3. Request for Qualifications (RFQ) No. 21-086, Professional Engineering Services - Stormwater Master Plan Modeling and Design Staff recommended Board approval of the short-listed firms and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award the contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 4. Request for Qualifications (RFQ) No. 21-087, Professional Engineering Services - Engineering, Design, and Permitting for Harmony Heights Subdivision. Staff recommended Board approval of the short-listed firms for RFQ No. 21-087 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with successful short-listed firm; • If negotiations are successful, award the contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 5. Request for Qualifications (RFQ) No. 21-089, Professional Engineering Services - Sunland Garden Subdivision Stormwater Master Plan Staff recommended Board approval of the short-listed firms for RFQ No. 21-089 and permission to: • Conduct discussions/presentations with short-listed firms; F•3 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award the contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 6. Request for Qualifications (RFQ) No. 21-092, Professional Engineering Services - Restoration of Ten Mile Creek at George LeStrange Preserve Staff recommended Board approval of the short-listed firms for RFQ No. 21-092 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 7. Request for Qualifications (RFQ) No. 21-090, Professional Engineering Services - Engineering, Design & Permitting for Water Quality Improvement Projects for River Park Subdivision Staff recommended Board approval of the short-listed firms for RFQ No. 21-090 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 8. Award of Bid No. 22-011, Welding and Fabrication Services Staff recommended Board approval of the award of Bid No. 22-011, Welding and Fabrication Services to Custom Welding Diversified of Port St. Lucie, Loidl Enterprises, Inc. of Vero Beach, and Rearden Steel Manufacturing, LLC of Fort Pierce, and authorization for the Chairman to sign the contracts as approved by the County Attorney. Adopted by Consent Vote 9 1 P a g E BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM F. PARKS & RECREATION 1. Waiver for the National Forum for Black Public Administrators (NFBPA), Treasure Coast Florida Chapter Inaugural Black History Month Gala - Request to Waive Facility Use Fees in the Amount of $1,830.00. Staff recommended Board approval to waive the facility use fee of $1,830.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Waiver for the 7th Annual Fort Pierce Job Fair - Request to Waive Facility Use Fees in the Amount of $2,587.50 Staff recommended Board approval to waive the facility use fee of $2,587.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Emergency Purchase of Lightning Detection Equipment for Parks - $72,000.00 Staff recommended the approval to purchase the Lightning Detection Systems from Earth Networks for $72,000.00, forgo the bid process as allowed by the purchasing manual, and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote G. PUBLIC SAFETY 1. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application - MCT Express Inc. d/b/a United Medical Transportation Staff recommended the Board determine the renewal application of MCT Express Inc. d/b/a United Medical Transportation for a Class B & F Certificate of Public Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class B & F Certificate of Public Convenience and Necessity. Adopted by Consent Vote 2. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application - Treasure Coast Transportation Services Staff recommended the Board determine the renewal application of Treasure Coast Transportation Services for a Class F Certificate of Public Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the 101Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM Chair to sign the Class F Certificate of Public Convenience and Necessity. Adopted by Consent Vote 3. St. Lucie County Certificate of Public Convenience and Necessity Renewal Application - Skytop Transportation Inc. Staff recommended the Board determine the renewal application of Skytop Transportation Inc. for a Class F Certificate of Public Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. Adopted by Consent Vote 4. Hurricane Irma (DR4337) PW4257 Final Inspection Report (FIR) Staff recommended the Board to approve the Final Inspection Report (FIR) and authorize the Chair to sign the final inspection report. Adopted by Consent Vote 5. Hurricane Irma (DR4337) PW5750 Final Inspection Report FIR Staff recommended the Board to approve the Final Inspection Report (FIR) and authorize the Chair to sign the final inspection report. Adopted by Consent Vote H. PUBLIC UTILITIES 1. Bid Waiver and Sole Source Determination FY 21-22 Staff recommended Board approval of bid waiver and sole source determination for the purchase of parts, service, and supplies for the care and maintenance of the Water Treatment Plants of parts and service for various heavy and other specialized equipment from Conveyor Consulting & Rubber Corporation and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote 2. Award of BID #22-022 for the loading and hauling of Fill Dirt from Treasure Coast International Airport Property located on the north end of Taylor Dairy Road to the St. Lucie County Baling and Recycling Facility Staff recommended Board approval to award Bid No. 22-022 to Abercrombie Land Services and permission for the Chairman to sign the contract as approved by the County Attorney. 111 Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM Adopted by Consent Vote I. PUBLIC WORKS 1. Bell Avenue Sidewalk from S 25th Street to Sunrise Boulevard First Amendment to Work Authorization #8 for Environmental Documentation - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval of the First Amendment to Work Authorization No, 8 in the amount of $13,050.00. For the Bell Avenue Sidewalk from S. 25th Street to Sunrise Boulevard and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 2.Oleander Avenue Sidewalk from Midway Road to South Market Avenue CEI Work Authorization - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended the Board approve the attached scope and fee proposal and work authorization from Culpepper & Terpening, Inc and increase the project budget, in the amount of $160,080.00, to perform Construction Engineering and Inspection services and federally required documentation in support of the Oleander Avenue Sidewalk project. Adopted by Consent Vote 3. Bid Award 22-014 Mellville Road Neighborhood Stormwater Improvements Phase I Construction and Delivery of Drainage Structures - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval to award Bid No. 22-014 Mellville Road Neighborhood Stormwater Improvements Phase I Construction and Delivery of Drainage Structures to the lowest responsive and responsible bidder, Hinterland Group, Inc in the amount of $68,849.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Ravinia PUD (Planned Unit Development) Mining Permit Exemption application in accordance with Section 11.05.11(A.2.h) to allow for the removal of excavated material within the development to provide on -site stormwater management, infrastructure, and other features associated with the approved development. - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following 12 1 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff and residents, Dennis Horton, Mary Locke, Bradley Locke (email), and Ronna Perry. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff, developer, and Bradley Locke (email). Commissioner Cathy Townsend - Spoke with staff and Bradley Locke (email). Chair Sean Mitchell - Spoke with staff, Bradley Locke (email), Mr. Patel, Alicia Mowers. Linda Pendarvis, Planning & Development Services Planning Manager, and Patrick Dayan, Water Quality Division Manager, presented this item to the Board. The Ravinia of Port St. Lucie, LLC filed a Mining Permit exemption request. The Ravinia Planned Unit Development consists of 54.37 acres located on the south side of West Midway Road, approximately one -quarter mile west of South 25th Street. Under the Land Development Code, the applicant is requesting an exemption from the requirement of a Mining Permit to remove excavated material from the site, derived from developing stormwater areas, infrastructure, and other features customarily associated with on -site development. A public hearing notice was placed in St. Lucie News Tribune, mail notices were sent to property owners within 500 feet of the subject, and a sign was placed on the property. On June 6, 2017, the Board of County Commissioners granted the Planned Unit Development (PUD) Site Plan approval through Resolution 2017-128 for the project known as Ravinia PUD for a 148-unit single-family residential subdivision. Any operation that entails excavating or removing earth off -site over one hundred (100) cubic yards must get a Mining Permit unless exempt under the Mining Permits Section 11.05.11(A.2) of the Land Development Code. On June 10, 2021, the site development permit was issued and approved by the County Engineer to provide for on -site stormwater management and on -site fills for roads, houses, buildings, sidewalks, driveways, parking lots, and associated on -site development. The two (2) proposed phases, (Phase 1) 59 residential units and a 4.7-acre lake (Phase II), 89 residential units, and a 5-acre lake. Approximately 14-acres of the site has been preserved in a conservation easement. To date, the applicant has satisfied the conditions of approval within the original development approval. Staff has reviewed the existing site conditions and adjacent uses and supports the applicant's request for an exemption from the Mining Permit requirements, with the following conditions of approval. • All construction vehicles' entrances should only be permitted to utilize the main construction point on W. Midway Road. • The hours of operation for construction/excavation activities should be limited from 7:00 AM to 6:00 PM Monday through Saturday. • The applicant shall complete the final grading and stabilization of the excavated areas within 30 days of completion of the excavation stage. • Removal of excavated material under this exemption shall be performed within 90 days of completion of the excavation stage. Staff finds that this petition meets the standards of review as outlined in Section 11.07.03 13 1 P a g BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommended Board approval of the requested mining permit exemption, with associated conditions of approval, and authorize the Chair to sign documents as approved by the County Attorney. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Tim Harless • Ronna Perry • Janet Murray • Dennis Horton • Ray Harless • Lee Mabley • Thomas Pagnato With no one else wishing to address the Board, Chair Mitchell closed the public hearing. The Board discussed the residents' concerns regarding road damage, loaded truck routes/hours, rental units, the benefit of the exemption, fencing, negative impacts on the Wellwater filtration supply in the surrounding area, potential coding violations of the developer, and the adverse effects on nearby properties. Leslie Olson, Planning and Development Services Director, commented and advised the Land Development code only speaks on build type (multi -family duplex, townhome, single- family home). It does not state the kind of ownership if the homes are rented or sold. Commissioner Dzadovsky expressed his concern about the violation of Land Development Code 11.07.03, no adverse effects on nearby properties, and what was indicated by the surrounding residents regarding the Wellwater filtration supply concerns. The Board expressed concerns regarding the mining exemption, off -site traffic, noise, dust, and water impacts. A motion was made to defer action until all exemption impacts are covered, including the primary concern of the Wellwater filtration supply with the South Florida Water District. A motion was made to approve staff recommendation to continue the item to the March 1, 2022, Regular Meeting Agenda, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend 14 1 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM NAYS: None EXCUSED: None 2. Staff Initiated Text Amendment to the Land Development Code to Establish Stormwater Design Standards for Single-family and Duplex Infill Development - THIS ITEM IS QUASI- JUDICIAL Monica Graziani, Planning & Development Services Building & Code Regulation Manager, presented this item to the Board. The purpose of the text amendment to the Land Development Code, Chapter VII, Development Design and Improvement Standards, Section 7.04.01 D.3 - Area, Yard, Height, and Open Space Requirements, Filled Lands, is to establish requirements for a stormwater grading plan for single-family and duplex infill development. Currently, applicants for infill development execute a Filled Lands Affidavit, stating the owner shall be responsible for assuring adequate drainage so the immediate community will not be adversely affected. Infill development in an established neighborhood is constructed at higher elevations than the older adjacent homes. Thus, the runoff from the infill lot impacts the neighboring properties. It is difficult for staff to address complaints from citizens affected by new infill development because there are no stormwater design standards. The proposed ordinance was drafted to provide a Do -It -Yourself method of determining the required stormwater swale for infill development of single-family and duplexes. The homeowner or contractor could prepare the stormwater grading plan without retaining the services of a design professional. The Treasure Coast Builder's Association has provided a letter of support regarding the text amendment. Also, the County's Public Works Director has reviewed the proposed text amendment and has no objections. The proposed regulations: • Limit the amount of fill placed on a site. • The finished floor shall be no greater than three feet above the crown of the road. • One-time exemption for additions or accessory structures less than 300 square feet. • The plan must include roof drainage. • The stormwater grading plan shall provide a swale design along the lot's perimeter, rear to front drainage flow. • Swales no greater than 2 feet in width. • The DIY formula is provided to determine the flow area of the swale. • Swales must be maintained. • An approved final inspection of the stormwater grading plan is required for a certificate of occupancy. Staff recommended that the Board authorize the second public hearing scheduling for the Land Development Code Text Amendment to establish a stormwater grading plan for single-family and duplex infill development on February 1, 2022, at 6:00 PM as soon 151Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM thereafter. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. 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: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Comprehensive Plan Amendment - Implementation of the 20-Year Water Supply Facilities Work Plan Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. St. Lucie County is located in the South Florid Water Management District's (SFWMD) Upper East Coast (UEC) Planning Area. The SFWMD prepared the original UEC Regional Water Supply Plan in 1998. In 2005, the Florida Legislature strengthened the requirements for water supply planning and required local governments to adopt a 10-year water supply and incorporate it into the local government's Comprehensive Plan. St. Lucie County's 10-year Water Supply Facilities Work Plan was adopted in 2008 and was subsequently updated in 2014. The Upper East Coast Water Supply Planning Area includes St. Lucie and Martin counties and the northeast portion of Okeechobee County. The Planning and Zoning Commission, acting as the Local Planning Agency at their June 18, 2020 meeting, voted unanimously to recommend the proposed amendment to the Board of County Commissioners. On November 2, 2021, the Board of County Commissioners requested to continue the item to the December 7, 2021 Board of County Commissioners meeting to allow the County's Consultant CDM Smith time to update the project list within the Comprehensive Plan Amendment. Staff recommended the Board approve Ordinance No. 2022-1 to adopt the 20-Year Supply Facilities Work Plan incorporating the recently adopted South Florida Water Management District 2021 Upper East Coast Water Supply Plan. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE 16 1 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. Preliminary PUD Site Plan Extension Request - Sanctuary Cove Planned Unit Development - THIS ITEM IS QUASI-JUDICIAL *Commissioner Cathy Townsend abstained from commenting and voting on the item due to being a neighbor within 500 feet of the development. Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. The applicant is requesting a twelve (12) month extension to the Sanctuary Cove Preliminary PUD Site Plan that encompasses a sixty-two (62) unit residential development consisting of 25 single-family home lots & 37 two-story townhomes. The project sites are collectively 15.99 acres, located on the north side of Rouse Road, east of Old Dixie Highway, the former Rio Del Mar Mobile Home Park. Under the Land Development Code, a public hearing notice was placed in St. Lucie News Tribune on December 29, 2021, letters were mailed to property owners within a 500-foot radius, and a sign was placed on the property. The Preliminary PUD initially held an April 2, 2021 expiration date extended by the County Administrator's COVID-19 Order, 20-005 that provided a 279 day tolling period, extending the current expiration date to January 8, 2022. This extension only applied to the current Preliminary PUD Site Plan approval. In contrast, the project will require a Final PUD Site Plan approval after a public hearing before the Board of County Commissioners. The applicant has not filed this petition to date. The proposed twelve (12) month extension would provide a new expiration date of January 8, 2023. Staff recommended approval. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Abstained Chair Sean Mitchell - Spoke with staff only. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. 171Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 5. MMR RV Park Planned Non -Residential Development (PNRD) Rezoning & Preliminary Site Plan - THIS ITEM IS QUASI-JUDICIAL The applicant is requesting to rezone a 16.97-acre parcel of land, with a current zoning designation of Commercial, General (CG) to the Planned Non -Residential Development (PNRD) Zoning District & Preliminary Site Development Plan for an eighty (80) lot recreational vehicle park, with amenities. * Item presented in conjunction with Regular Agenda 10.C.1. *RES-2022-48 assigned post meeting. Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. Friends I, LLC, represented by Bradley Currie of Engineering Design & Construction Inc., applied on May 7, 2021, for a change in zoning from CG, Commercial, General to Planned NonResidential Development (PNRD), and a preliminary site plan to develop a recreational vehicle (RV) park. The project site consists of two (2) parcels outlined in red with a combined area of 16.97 acres, located at North US Hwy. 1 and Turnpike Feeder Rd., North of Kings Highway. Under the public notice requirement outlined in the St. Lucie County Land Development Code, these Public Hearings were advertised in St. Lucie Tribune on Friday, November 26, 2021. In addition, notices were mailed to adjacent property owners within 500 feet of the subject properties. Two signs were placed on the subject property, one at N US Highway 1 and the second on Turnpike Feeder Road. The project, known as MMR RV Park, proposes a gated 80-site RV park with a 2,176 SF office and 2,690 SF clubhouse, with pool and associated site improvements. Conditions of approval: Before approval of the Final/Major Site Plan, the applicant shall demonstrate compliance with Land Development Code, Section 7.10.24 Community Architectural Standards for the clubhouse, including a lighting and sign plan. • Recreational Vehicle (RV) sites shall be for rental only. No sale of individual sites is permitted. • The length of stay of each rental site is limited to 180 days in accordance with the 18 1 P a g BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM Florida statute. The applicant submitted a Text Amendment to the Land Development Code (LDC) to amend section 7.02.02(B) to allow Recreational Vehicle Park District use within the PNRD Zoning District. Such use and zoning can be permitted on property classified as Commercial on the County's Future Land Use Map and subject to the supplemental standards in 7.10.16 for Recreational Vehicle Parks. After public hearings with the Planning and Zoning Commission and Board of County Commissioners, the proposed LDC amendment was approved and effective on September 28, 2021. On November 18, 2021, the Planning and Zoning Commission held a public hearing and voted unanimously to forward a recommendation of approval to the Board of County Commissioners, with the staff's recommended condition of approval for the Board to consider. Staff recommended the Board approve the proposed Planned Non -Residential Development and Preliminary Site Plan known as MMR RV Park. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff and applicants. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • David Baggott With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 19 1 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Canvassing Board — Appointment for 2022 General Elections Daniel McIntyre, County Attorney, presented this item to the Board. On November 16, 2021, Commissioner Townsend was appointed by the Board to serve as the primary member of the Canvassing Board for the 2022 elections. Commissioner Townsend has advised staff that she will be unavailable to serve. State law (Section 1902.141, Florida Statutes) provides that the County Canvassing Board comprises the supervisor of elections, a county judge, and the Chair of the Board of county commissioners. In any instance, the Chair of the Board of county commissioners cannot serve or is disqualified. The Board of county commissioners must appoint, as a substitute member, one of its members who is not a candidate in opposition in the election and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election canvassed. The Chair of the Board of county commissioners must also appoint a member of the Board of county commissioners as an alternate member of the canvassing board. Staff recommended the Board appoint a member to serve as the Board's primary member on the Canvassing Board for the 2022 election. If possible, the Chair should also appoint a Board member to serve as an alternate member of the canvassing board. • The Board appointed commissioner Chris Dzadovsky to serve as the primary member of the Canvassing Board for the 2022 elections. • The Board appointed commissioner Linda Bartz to serve as an alternate member of the Canvassing Board for the 2022 elections. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Approval of Budget Increase for Impact Fee Updates — ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. In February 2021, the County retained experts to assist the County in updating the County's roads, parks, public 201Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM buildings, law enforcement, and library impact fees. Those experts retained were: • Nabors Giblin & Nickerson: Legal • Tindale Oliver: Roads only • Planning & Financial Management (PFM): All other impact fees The County retained Traffic Survey Specialists (TSS) to perform traffic counts on certain Midway Road intersections. Due to an expanded scope of work for the impact fee updates, staff requested consultants to provide a "not to exceed" budget estimate for the proposed date of ordinance adoption, currently in April 2022. Those proposed updated budget amounts are as follows: UPDATED BUDGET AMOUNT Nabors Giblin & Nickerson $ 75,000.00 Tindale Oliver $122,486.00 Planning & Financial Management (PFM) $ 70,000.00 Traffic Survey Specialists (TSS) $ 29,400.00 Staff recommended that the Board approve the updated budget amounts set out above and authorize payment to the consultants from the account indicated. 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: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Acceptance of the Donation of Two Vessels, the Spirit of Palm Beach and the Last One, to be used as Artificial Reefs - ADD ON Caroline Valentin, Assistant County Attorney, presented this item to the Board. The County has an Artificial Reef Program that creates new reef systems that enhance the marine ecosystem and recreational fishing and diving in the coastal waters adjacent to St. Lucie County. MCAC Artificial Reef Fund, Inc. (MCAC) arranged for the preparation and deployment of both vessels on another County's artificial reef site but could not complete the deployment due to permitting difficulties. The subject vessels were inspected in Stuart 211 Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM and found clean of pollutants. The vessels have a short timeline to be deployed and have already been inspected and approved by the U.S. Coast Guard and St. Lucie County. The MCAC has already cleaned the vessels at no cost to the County. The St. Lucie County Artificial Reef Program, will provide $20,000 towards the transportation and deployment of the Spirit of Palm Beach. MCAC will pay for the remaining cost of deployment and transportation for both vessels. Both vessels will be deployed directly from Willis Custom Yachts in Stuart to the County's Fort Pierce Sportfishing Club artificial reef site and will not enter the Fort Pierce Inlet. The vessels will be deployed on January 17-18, 2022. Staff recommended the Board accept the donation of both vessels to be used as an artificial reef and authorize the Chair to sign any agreements or documents necessary to facilitate the transfer and deployment of the vessels, as approved by the County Attorney. H IIIULIUII VVd.'j IIICIUC LU CIPPI UVC JLdll I CI,UI I II I ICI IUdLIUI IJ, dI IU IL PCIJ.-jCU UI ICII III I IUUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. PARKS & RECREATION 1. Parks and Recreation Master Plan Adoption - 10 years Master Plan 2023 - 2033 Matt Baum, Interim Parks & Recreation Director, presented this item to the Board. The Parks and Recreation Department's mission is to enhance the quality of life in St. Lucie County by providing memorable, positive experiences for citizens and visitors at our parks, recreational facilities, athletic fields, and event venues. There is no better way to accomplish this mission than to identify the activities and spaces that provide these experiences and plan to secure these places, spaces, and amenities for the future. The Parks and Recreation Masterplan has comprehensively examined the County's current parks and recreation assets' ability to meet the needs of the County and has outlined the steps needed to close the gaps between current capabilities and those needs. This plan will provide a 10-year strategy for creating, optimizing, and maintaining County Parks and Recreation assets: • Invest in the Development of a Regional Outdoor Recreation and Entertainment Park • Improve existing parks and Preserves • Construct New Parks 221Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM • Protect significant Natural Lands • Build Indoor Recreation Centers • Building a Regional Aquatics Center • Develop a countrywide trials network • Expand Boating Access • Offer a variety of affordable recreation sports and wellness programs The mission and role of the County's Parks and Recreation Department are to evaluate the County's existing Parks, Preserves, and Recreation System. Also, identify residents' needs and priorities, develop a long-range vision to meet needs, and become more resilient and sustainable economically, socially, and environmentally. The County citizenry's recreational needs and exploring the best way to meet those needs within the mission of the Department and the County's Strategic Plan Objectives and Frameworks have been successfully laid out in this Parks and Recreation Master Plan. On June 4, 2019, the Board approved to waive the RFP/RFQ process and award the Parks, Parks Preserves, and Recreation Master Plan consulting service to Barth Associates, LLC via item no. 7087. There is no financial impact at this time. Staff requested the Board approve and adopt the Parks and Recreation 10-year Master Plan 2023 - 2033. Fi IIIULIUII VVd.'j IIICIUC LU CIPPI UVC JLdll I UL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIY. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. MMR RV Park Major Site Plan to develop a gated, 80-lot recreational vehicle (RV) park, with an office/clubhouse and pool with associated site improvements located North US Highway 1 and TurnpikeFeeder Road. *Item presented in conjunction with Public Hearing 9.A.5 Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. Friends I, LLC, represented by Bradley Currie of Engineering Design & Construction Inc., applied on May 7, 2021, for a change in zoning from CG, Commercial, General to Planned NonResidential Development (PNRD), and a preliminary site plan to develop a recreational vehicle (RV) park. The project site consists of two (2) parcels 231Page BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM outlined in red with a combined area of 16.97 acres, located at North US Hwy. 1 and Turnpike Feeder Rd., North of Kings Highway. Under the public notice requirement outlined in the St. Lucie County Land Development Code, these Public Hearings were advertised in St. Lucie Tribune on Friday, November 26, 2021. In addition, notices were mailed to adjacent property owners within 500 feet of the subject properties. Two signs were placed on the subject property, one at N US Highway 1 and the second on Turnpike Feeder Road. The project, known as MMR RV Park, proposes a gated 80-site RV park with a 2,176 SF office and 2,690 SF clubhouse with pool and associated site improvements. Conditions of approval: • Before approval of the Final/Major Site Plan, the applicant shall demonstrate compliance with Land Development Code, Section 7.10.24 Community Architectural Standards for the clubhouse, including a lighting and sign plan. • Recreational Vehicle (RV) sites shall be for rental only. No sale of individual sites is permitted. • The length of stay of each rental site is limited to 180 days in accordance with the Florida statute. On November 18, 2021, the Planning and Zoning Commission held a public hearing on the proposed Preliminary Planned Non -Residential Development Rezone & Site Plan and voted to forward a recommendation of approval to the Board of County Commissioners. Staff recommended Board approval for Resolution 2022-1 for the Major Site Plan known as MMR RV Park. H 111ULIU11 WdS 111dUU LU dpp[UVC JLd11 ICl,U111111C11UdL1U11N, d11U IL PdJJCU U11d111111UUN1y. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. AECOM DVB1 Ramp requesting a Major Adjustment to the Major Site Plan to modify the existing site's parking area and Traffic Circulation to the previously approved site plan known as DVB1 Delivery Station -TARGETED INDUSTRY Staff recommends the Board approve Resolution 2022-4 for a major adjustment to the major site plan known as DV131 Delivery Station. *This item was pulled during the meeting. 24 1 Pag1 BOCC Regular Meeting Tuesday, January 11, 2022 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 25, 2022, 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 a Special Informal meeting on Tuesday, January 25, 2022, at 1 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 1, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, February 8, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 15, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold a Special Informal meeting on Tuesday, February 22, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN Commissioner Frannie Hutchinson of District 4 announced she would not re -run for election in November 2022. With no other information to be brought for consideration before the Board, the meeting was adjourned at 8:10 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 25 1 P a g