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HomeMy WebLinkAboutMinutes 05.17.202291rc LUCE L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting May 17, 2022 Convened: 9:00 AM Adjourned: 11:39 AM 1. CALL TO ORDER he meeting was Called to order at J:UU HIVI by Cnalr Jean mitcnell, District No. L. 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 Benjamin Balcer, Planning & Development Services Assistant Director Kori Benton, Assistant Planning Manager Jodi Nentwick-Kugler, Planning & Development Services Senior Planner Mayte Santamaria, Planning & Development Services Director Aimee Cooper, Environmental Planner Shai Francis, Finance Director Michelle R. Miller, Clerk and Comptroller of Court 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, May 17, 2022 9:00 AM 5. APPROVAL OF MINUTES A motion was made to approve all minutes sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of May 3, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-075 - Proclaiming the Month of May 2022 as "Trauma -Informed Care Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to "One Caring Adult, Inc.", Founder & unier txecutive vrncer urystai iviorns, wno tnanKea the tsoara ana acceptea the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None I EXCUSED: None I B. Resolution No. 22-070 - Proclaiming May as "National Foster Care Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to "4Kids Treasure Coast" Executive Director Michael Keen and Community Relations Coordinator Kenya Reinhardt, who thanked the Board and acceptea the proclamation. RESULT: APPROVE IMOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None I 1 EXCUSED: None 2 1 P a g e BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM C. Resolution No. 22-094 - Proclaiming May 15 - 21, 2022 as "National Emergency Medical Services Week" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to the " St. Lucie County Fire Department" unier Langei ana c.nier uonzaiez, wno tnanKea the boara ana acceptea the proclamation. 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 NAYS: None EXCUSED: None D. Resolution No. 22-093 - Proclaiming May 20, 2022, as "Emancipation Day," June 1, 2022, through July 4, 2022, as "Juneteenth Season of Freedom," and June 19, 2022, as "Juneteenth 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 Mitchell presented the proclamation to Marjorie Harrell, who thanked the rsoara ana acceptea the proclamation witn nonor. 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 E. Resolution No. 22-096 - proclaiming May 21-27, 2022 as "National Safe Boating Week" in St. Lucie County, Florida The deputy clerk did not read the proclamation into the record. Chair Sean Mitchell read the title onto the record for approval only. No acceptors were present to accept the proclamation. It will be presented at a community event by Commissioner Chris Dzadovsky later. A motion was made to adopt the resolution, and it passed unanimously. 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 3 BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM I EXCUSED: None I 7. PRESENTATIONS A. Clerk and Comptroller presentation of the 2020 Popular Annual Financial Report (PAFR) and Annual Comprehensive Financial Report (ACFR) Clerk and Comptroller Michelle R. Miller presented the Board with the 2020 Popular Annual Financial Report (PAFR) and Annual Comprehensive Financial Report (ACFR) on September 30, 2021. The certificate of achievement has been received for the last 17 years for the Annual Comprehensive Financial Report. For the last 11 years, an award for outstanding achievement has been received from the Popular Annual Financial Report. B. Children's Services Council Aquatics Grant Ashley Mock, Chief Operating Officer of the Children's Service Council, presented the St. Lucie County Aquatics program to Parks & Special Facilities Division Manager Summer Ivey -Platt, and Keara Dombrowski, Aquatics & Safety Coordinator, with the Children's Service Council (CSC) grant for $13,925. The donation will allow children in St. Lucie County to participate in swim lessons at a reduced cost. Statistics show that participation in formal swim lessons can reduce the risk of drowning among children and young adults. St. Lucie Aquatics strives to make residents safer in and around the water by providing opportunities for affordable swim lessons. Over 200 children will be given a chance to participate in swim lessons to gain life-saving knowledge and skills that they may not have had otherwise. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 30 & 31 Adopted by Consent Vote B. AIR & SEA PORT 1. Board Approval of Work Authorization No. 2 with Avcon, Inc. for Professional Aviation Engineering 4 BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Services for the Generator Upgrade Project (C20-03-332) This Work Authorization will include the design and bidding phase services for the installation of new stand-by generators for the Airport Terminal, Airfield Lighting, and Airport Beacon, which are required for Part 139 Commercial Service airports. The fee for these services is $64,568.00, which is reimbursable by a previously Board accepted FDOT Aviation Grant. Staff recommended Board approval of this Work Authorization with Avcon Inc for design and bidding services required for the Airport Generators Project in the amount of $64,568.00 under the existing engineering contract C20-03-332 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Board Approval of Work Authorization No. 2 with AECOM Technical Services, Inc. for Professional Airport Engineering and Design Services for the Tailwind Drive Extension Project This Work Authorization will include the design services for the Tailwind Drive Extension Project. Currently, the roadway is unimproved and does not allow for access to Tailwind Drive from Curtis King Blvd. The fee for these design phase services is $74,948.68, which is reimbursable by a previously Board accepted FDOT Aviation Grant. Staff recommended Board approval of this Work Authorization with AECOM, for design and engineering services required for the Tailwind Drive Extension project in the amount of $74,948.68 under the existing engineering contract C20-03-341 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Customs & Border Protection Equipment Upgrades Staff recommended Board approval of CBP's reimbursement for equipment upgrades as outlined in the Memorandum of Agreement dated February 7, 2017, and for the Chairman and County Attorney to sign all required documents. Adopted by Consent Vote 4. Board Approval - Change Order #2 with Ranger Construction Industries for the Runway 14/32 Rehabilitation Project This change order request is required for the rehabilitation project for Runway 14/32 at the Treasure Coast International Airport. During the construction phase of the project, there were a series of required changes and additional materials that were required for the work to be completed. Specifically, the placement of Surface Painted Holding Positions Signs and the relocation of eight threshold lights. The change order amount of $49,800 and 41 additional days reflects the additional efforts required to ensure the completed project was in compliance with the engineer's 5 1 P a g BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM recommendations as well as FAA requirements. Staff recommended Board approval of Change Order #2, in the amount of $49,800.00 and 41 additional days with Ranger Construction Industries, on C21-02-219, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Permission to Advertise - Ordinance - Establishing the Seagrove Community Development District Staff recommended that the Board grant permission to advertise the Ordinance in the St. Lucie News Tribune for a public hearing on July 5, 2022. Adopted by Consent Vote 2. Permission to Advertise - Ordinance Amending Affordable Housing Advisory Committee Staff requests permission to advertise the proposed Ordinance for public hearing on June 7, 2022, at 6:00 PM or as soon thereafter may be heard. Adopted by Consent Vote 3. Revocable License Agreement - 751 Cypress Street - River Park - Unit 1 - Christina L. Lantis - Parcel ID 3419-501-0080-000-7 Ms. Lantis is requesting a revocable license agreement to be allowed to install a 6' PVC fence with a 5' walk gate along the west and east sides of the property, and a 6' PVC fence along the north side of the property, within the County's 6' Drainage/ Utility Easements per the Declaration of Restrictive Covenants recorded in Deed Book 223, Page 134. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Ms. Lantis pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 768 Lomas Street - River Park - Unit 3 - Ramon Cabrera and Ivette Maria Gonzalez De La Rosa - Parcel ID 3419-515-0165-000-0 6 1 P a g E BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Mr. Cabrera and Ms. Gonzalez De La Rosa are requesting a revocable license agreement to be allowed to install a 6' PVC fence with a 5' gate along the northeast side of the property and a 6' PVC fence with a 10' gate along the southeast side of the property, within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 226 Page 181. They understand if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at their expense. Engineering, Road & Bridge, 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. Cabrera and Ms. Gonzalez De La Rosa pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Seventh Amendment to Interlocal Agreement with St. Lucie County Sheriff's office - Traffic Control and Security - St. Lucie County Sports Complex - CO2-02-261 Staff recommended the Board approve the Amendment to the interlocal agreement and authorize the Chair to sign the agreement. Adopted by Consent Vote 6. Addendum to Contract for Sale and Purchase - Sheraton Plaza - Unit One and Sheraton Plaza - Unit Two - Don and Janice Opatha - Parcel ID 1432-430-0000-000-1 Staff recommended the Board approve the addendum to the contract for sale and purchase, authorize the Chair to sign the addendum, 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 7. Addendum to Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Elizabeth Jane Smolyn and Madolyn Frances Ahern Co -Executors for the Estate of Frank Klett, Jr. and Lillian Klett - Parcel ID 1431-701-0088-000-9 Staff recommended the Board approve the addendum to the contract for sale and purchase, authorize the Chair to sign the addendum, 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. After the Fact Revocable License Agreement - 189 NE Caprona Avenue - River Park - Unit 4 - Jose Davila, Wilfredo Reyes, and Nilsa Reyes - Parcel ID 3419-530-0226-000-3 7 1 P a g e BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Mr. Davila, Mr. Reyes, and Ms. Reyes have requested an "After the Fact" Revocable License Agreement to keep their 6' wood fence with gates along the east and west sides of the property within the County's 6' Drainage/Utility Easement, and their 6' wood fence along the north side of the property, within the County's 10' Drainage/Utility Easement, in their current location, per the Declaration of Restrictive Covenants recorded in OR Book 64 Page 235. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, 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. Davila, Mr. Reyes, and Ms. Reyes pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. County Property located at 2700 Industrial Avenue 3 - First Addendum to Contract for Sale and Purchase - STB Runways End, LLC - Parcel ID 1429-501-0114-000-0 Staff recommended the Board approve the first addendum to contract for sale and purchase with STB Runways End, LLC, authorize the Chair to sign the addendum, direct staff to proceed with the closing, and record the deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote D. COMMUNITY SERVICES 1. Renewal of a Memorandum of Understanding (MOU) Between the St. Lucie County Board of County Commissioners and the St. Lucie County Department of Health for the Processing of Rental and Mortgage Payments Related to the Administration of the Housing Opportunities for Persons with AIDS (HOPWA) Program Staff recommended Board approval of the MOU between St. Lucie County and St. Lucie County Health Department, subject to legal form and correctness, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. HUMAN RESOURCES 1.2022 Summer of Success - Grant Agreement Staff recommended Board approval of the 2022 grant agreement for the Summer of Success program and authorization for the Chair to sign documents as approved by the County Attorney. 8 1 P a g e BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Adopted by Consent Vote F. MOSQUITO CONTROL 1. Bear Point Mitigation Bank Credit Purchase Agreement - Pelican Reef at Hutchinson LLC Staff recommended that the Board of County Commissioners approve the Bear Point Mitigation Bank Credit Purchase Agreement to complete the sale of mitigation bank credits and process the payment in the amount of $270,000.00, and authorize the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 2. Bear Point Mitigation Bank Credit Purchase Agreement - Ryan Brown To complete the sale of Mitigation Bank credits and process the payment in the amount of $72,000, staff recommends that the Mosquito Control District Board approve the Bear Point Mitigation Bank Credit Purchase Agreement and authorize the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. FY 22 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $1,081,409.00. Adopted by Consent Vote 2. Removal of Fixed Assets from Inventory Staff recommended Board authorization to remove fixed assets as reflected on the attached property inventory list from the capital asset inventories of St. Lucie County Board of County Commissioners and St. Lucie County Property Appraiser. Adopted by Consent Vote 3. Request for Qualifications (RFQ) No. 22-035, Professional Architectural Services - St. Lucie County Transit Operations Facility Staff recommended Board approval of the short-listed firm for RFQ No. 22-035 and permission to: Conduct contract negotiations with the highest -ranked proposer, Wendel Architecture. If negotiations are successful, award the contract to the highest -ranked proposer and 9 1 P a g e BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote H. PARKS & RECREATION 1. Acceptance of Children's Services Council Swim Lesson Grant - $12,925.00 Staff recommended Board approval to accept the CSC Grant and provide low-cost swim lessons to the citizens of St. Lucie County; and approval for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Lincoln Park Community Center - Parking and Crosswalk Improvements - $168,950.00 Staff recommended Board approval and authorization for the Chairman to sign documents as approved by the County Attorney for work Authorization No. 2 (Contract C19-08-751) to Captec Engineering Inc., in the amount of $56,250.00 for engineering services. Staff also recommended $62,700.00 for the preliminary estimate to make parking and crosswalk improvements, and an additional $50,000.00 in contingency to cover any unexpected rising costs due to inflation be made available in Impact Fees -Parks Reserves (account # 310002-9910-599300-910000) and transferred to Infracture (account # 310002-7210-563000-xxxxx) to complete this work. All unused money will be returned to the Impact Fees fund account. Sufficient funds are appropriated and available from Impact Fees -Parks Reserve (account # 310002- 9910-599300-910000) and transferred to Infracture (account # 310002-7210-563000-xxxxx) for the engineering services, along with parking and crosswalk improvements. The total amount anticipated for the project is $168,950.00. All unused money will be returned to the Impact Fees fund account. Adopted by Consent Vote 3. Lincoln Park Community Center Summer Camp Grant Acceptance $50,774.00 Staff recommended Board acceptance of the grant from the Children's Services Council of St. Lucie County in the amount of $50,774.00 (account #001-7210-347213-71022) and to authorize the Chair to execute the documents as prepared by the County Attorney. Adopted by Consent Vote I. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise a Land Development Code (LDC) Text Amendment for Solar Generation Stations Staff recommended permission to advertise the proposed Ordinance for the first of three (3) public 101Page BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM hearings, beginning with a regularly scheduled Planning & Zoning Commission meeting. Adopted by Consent Vote Second Amendment to Tyler Technologies Land Management System Software Contract Staff is requesting the Board approve the 2nd Amendment to the contract for Tyler Technologies, Inc. The Amendment will add Enterprise Permitting and Licensing Assist Professional Services for a 3- year subscription (support services post -go -live of the online system) and increase the compensation accordingly. Adopted by Consent Vote 3. Request Permission to Advertise a Land Development Code Text Amendment Pertaining to Floodplain Management Staff recommended permission to advertise the proposed Ordinance for the first of three (3) public hearings, beginning with the Planning & Zoning Commission. Adopted by Consent Vote J. PUBLIC WORKS 1. Amendment to Work Authorization No. 01 for Contract C21-07-701 with Johnson, Mirmiran, & Thompson, Inc. for additional Construction Engineering and Inspection Services (CEI) for the Indian River Drive Traffic Calming Phase 1 Project Staff recommended Board approval of the Amendment to Work Authorization No. 01 for Contract C21-07-701 with Johnson, Mirmiran, & Thompson, Inc. for additional Construction Engineering Services on the Indian River Drive Traffic Calming Phase 1 Project and authorization of the Chair to sign the Amendment as approved by the County Attorney. Adopted by Consent Vote 2. Approval to award the contract to Kimley-Horn and Associates for Professional Engineering Services — Glades Cut -Off Road from Range Line Road to Selvitz Road PD&E Study Staff recommended Board approval of a contract for Kimley-Horn Associates, Inc. in the amount of $3,802,360.23 for a Project Development and Environmental (PD&E) Study for Glades Cut -Off Road from Range Line Road to Selvitz Road and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Acceptance of Contribution from Marine Cleanup Initiative BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Staff recommended acceptance of $1,241.41 from Marine Cleanup Initiative, Inc. Adopted by Consent Vote 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. County initiated Land Development Code (LDC) Text Amendment proposing to amend the provisions for telecommunication towers located outside of the County's Urban Service Boundary (USB), relating to paved access and landscape screening. Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. Staff has drafted the proposed text amendment to streamline the regulatory process and eliminate specific regulations for telecommunications towers, specifically those outside the Urban Service Boundary (USB). Notices regarding this item were advertised in St. Lucie Tribune on May 6, 2022. The subject text amendment looks to exempt new telecommunications towers outside the County's Urban Service Boundary from providing paved access or securing a Road Paving Waiver, which requires the Board's approval. Currently, paved access is required for all developments requiring site plan approval, with telecommunication towers requiring site plan approval and the use of unpaved public or private roads for access. If a site plan application for a new telecommunications tower is proposed on a substandard roadway, such as an unpaved roadway, the applicant can request a Road Paving Waiver from the Board. The road paving waiver request will require an engineer's cost estimate to determine the cost of paving the proposed development road frontage to County standard. Due to the low traffic rate and the generation of telecommunication towers, in the staff's opinion, the requirement to provide paved access or the need to proceed through the road waiver paving process is not warranted. Additionally, the text amendment provides an exemption for telecommunications towers outside the Urban Service Boundary. The requirement to provide on -site landscaping to screen the tower's base if existing native vegetation or an intervening building act to screen the base from adjacent rights -of -way or residential uses. The Land Development Code (LDC) requirements intend to provide aesthetic enhancements that blend the tower into a natural setting and minimize the visual impacts. If the native vegetation and/or intervening buildings are present and provide the required visual screening from adjacent rights -of -way or surrounding residential uses, the requirement to provide additional landscaping is redundant and does not further the intent of the Land Development Code. The Amendment eliminates language that delays the growth of the growing need and demand for reliable wireless communication service and protects the public, health, safety, and general welfare of residences located explicitly outside of the County's Urban Service Boundary. According to the proposed paving and landscaping provisions, the text amendment is not anticipated to impact tower development adversely. The Planning & Zoning Commission, at their April 21, 2022 meeting, voted unanimously to recommend approval of the proposed amendments. Staff finds the petition meets the standards of review as outlined in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the County Comprehensive Plan. Staff recommended the Board of County Commissioners' authorization to 121Page BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM schedule the second Public Hearing for the Land Development Code Text Amendment on June 7, 2022, beginning at 6:00 PM or as soon thereafter as may be heard. 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. 4 motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE 1ST READING 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. Commercial Neighborhood, CN District Zoning District - Proposed Land Development Code Text Amendment Amendment to provide for Auto/Home supply stores and Hardware Stores between 6,001 and 10,000 sq. ft. and Household Appliance Stores not to exceed 10,000 sq. ft. in floor area, as an eligible Conditional Use in the CN Zoning District, along with the hours of operations limited from 7:00 AM to 8:00 PM. Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. On behalf of the petitioner Lakewood Property Holdings, LLC., Tod Mowery, AICP, of Redtail Design Group requests for a Text Amendment to the Land Development Code to amend Section 3.01.03 Q. 7. d. to include additional retail trade uses, with operational parameters, as eligible Conditional Uses within the Commercial Neighborhood, CN, Zoning District. The Commercial Neighborhood Zoning District aims to provide appropriate, limited retail trade and service activities covering a relatively small area intended to serve the population living in surrounding neighborhoods. The Commercial Neighborhood's current locations: • Lakewood Park • Orange Avenue — (West) • 25th Street & Angle Road • Okeechobee Road & Adjacent • Midway Road / White City • Hutchinson Island The Commercial Neighborhood District permits various commercial services and retail uses; however, retail trade establishments are limited to a maximum of 6,000 square feet of gross floor area per building. The size limitation does not apply to permitted uses in the District, such as membership organizations, beauty and barber shops, banks, and medical marijuana dispensaries. Additionally, the 13 1 P a g BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Commercial Neighborhood District provides eligible conditional uses such as gasoline services - accessories to retail food stores, Daycare, self-service car washes, and single -story, enclosed self -storage facilities, without an explicit size limitation. The proposed Amendment aligns with the District's purpose of providing and protecting an environment suitable for limited retail trade and service activities covering a relatively small area, and that is intended to serve the population living in surrounding neighborhoods. The proposal text amendment conditional uses included retail trade Auto/Home supply stores not to exceed 10,000 sq. ft., Hardware Stores, and Household Appliance Stores dealing between 6,001 and 10,000 sq. ft. in floor area offering the retail sale of new automobile batteries, parts, and accessories, excluding tire dealers, with the hours of operation limited from 7:00 AM to 8:00 PM. Staff recommended the Board review the proposed Text Amendment, as presented in proposed Ordinance 2022-011 and schedule the matter for a second reading (Public Hearing) on June 7, 2022, to begin at 6 PM or shortly thereafter. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Michael Harris 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 1ST READING 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 3. Agricultural Air Services - Text Amendment to the Land Development Code to amend Section 3.01.03 C. 7. & create Section 7.10.36 to include RV & Boat Storage Facilities as an eligible Conditional Use in the AG-5, Agricultural-5 Zoning District with location and design criteria. Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. On behalf of the petitioner Agricultural Air Services, LLC, Daniel Sorrow, AICP, ASLA, LEED, of Cotleur & Hearing seeks to modify the County's Land Development Code Section 3.01.03 C. 7. and create new guidelines in the code under section 7.10.36 for proposed Recreational Vehicle (RV) & Boat Storage Facilities in the AG5 District. The purpose of the AG-5 Zoning District is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. The site is located west of the Turnpike and 1-95 in a rural, undeveloped, and unimpacted area and within 1.5 miles of State Roads 68 & 70 (Orange Avenue and Okeechobee Road). The RV and boat storage facilities as a Conditional Use within 141Page BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM the AG-5 zoning district, with associated eligibility and design criteria. The AG-5 Zoning District accommodates various agricultural production and service uses, animal boarding, research facilities (noncommercial, i.e., Save -the -Chimps), and single-family homes. Accessory uses can be expansive, including retail and wholesale trade - subordinate to the primary authorized use or activity and other residential dwellings. The proposed supplemental standards: A. The recreational vehicle and boat storage facilities are accessible via a roadway paved to the County's minimum specifications and are subject to the site plan submission requirements of Section 11.02.00. B. The storage area(s) and all related activity areas shall be screened from all public rights -of -way and any adjoining properties, at minimum Public right-of-way: A Minimum 30ft. landscape buffer containing a berm and screening material consistent with Land Development Code Section 7.09.04. Adjoining properties utilized for residential use: A Minimum 15ft. landscape buffer, including an eight (8) tall opaque wall or fence, with landscaping, in accordance with Land Development Code Section 7.09.04. C. All vehicular use areas shall be paved in accordance with Land Development Code Section 2.00.00, including but not limited to access driveways, interior drive -aisles, and storage spaces for motorized vehicles. An impervious surface may be required for boat storage areas to ensure oil drip capture. D. The site plan shall identify all proposed utilities (water, wastewater, electricity), stormwater, lighting, refuse collection, and similar improvements and provisions for service. E. All on -site lighting shall be designed to prevent spillover to adjacent properties, including motion sensors, with no more than 0.25-foot candles of illumination projected onto the abutting right-of-way. F. Any restricted gate access design shall adhere to Land Development Code Section 7.10.15. G. In addition to the above mandatory standards and the standards of review set forth in Section 11.07.00 of this Code, in considering any application for Conditional Use, the Board of County Commissioners may also consider reasonable limitations on the storage operations, including but not limited, to the hours of business operation and the necessity for security provisions. On April 21, 2022, the Planning and Zoning Commission voted 6-1 to forward this petition to the Board of County Commissioners with a recommendation of approval with the addition of a motion sensor requirement for any lighting provided for proposed facilities. Staff recommended the Board review the proposed text amendment, as presented in proposed Ordinance 2022-012, and schedule the matter for a second reading (Public Hearing) on June 7, 2022, to begin at 6 PM or shortly thereafter. Commissioner Hutchinson mentioned staff expanding the Conditional Use Public Hearings requirement for notice of neighbors within 500 feet to either 1.5 miles or 1500 feet of the adjacent property. Staff will bring the request back to the Board before the next hearing. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the 15 1 BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Board, Chair Mitchell closed the public hearing. H IIIULIUII VVdJ IIIdUC LU CIPf IUVC JLdll ICL.UIIIIIICIIUdLIU11J, dllU IL f.1d JJCU U IId111111VUJly. RESULT: APPROVE 1ST READING MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Termination of Road Impact Fee Agreement 10-003 between the County and Dybra PSL Development, LLC Daniel McIntyre, County Attorney, presented this item to the Board. The County has had a Road Impact Fee Ordinance since 1985. The Ordinance provides credits for donating non -site -related right- of-way on those roadways part of the County's Roads Impact Fee Eligibility Network. In 2007, Dybra PSL Development, LLC dedicated approximately 11.33 ± acres for the future widening along Lennard Road. Lennard Road is part of the County's Road Impact Fee Eligibility Network. In 2010, Dybra and the County entered into a Road Impact Fee Credit Agreement that provided road impact fee credits for Dybra's right-of-way donation along Lennard Road based on 120% of the appraised value. Since Dybra was compensated (through credits) for the right-of-way donation, the donation area can not be used for density for the parent parcel. Dybra has sold or is proposing to sell the parent parcel. The new owner/development would prefer to include the donated property to increase the parent parcel density instead of receiving road impact fee credits. In that regard, a draft document that, if approved, terminates Road Impact Fee Agreement 10-003. As indicated in Section 3 of the draft Agreement, the effect of terminating Road Impact Fee Credit Agreement 10-003 would be to allow the new owner to use the donated right-of-way to increase the density of the parent parcel for the new development, Prima Vista Commons. Staff recommended that the Board approve the document proposing termination of Road Impact Fee Credit Agreement 10-003 and authorize the Chair to sign the document. A motion was made to approve staff recommendations, and it passed unanimously. 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 16 1 BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM NAYS: None EXCUSED: None 2.Opioid Litigation - Proposed Settlement with Walgreens - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County filed suit against various companies, including the distributor, and settled defendant Walgreens in what has been referred to as the "National Prescription Opiate Litigation." On May 11, 2022, the County Attorney received an email from the firm representing the County in Litigation. There is a Participation Agreement within the email that the firm recommends that the Board approves by June 3, 2022. Settlement funds will flow into the state and be allocated between the state and its local governments. The County previously passed a resolution that approved a Memorandum of Understanding (MOU) with the state to fairly apportion settlement funds between the state and its local governments. The Memorandum of Understanding (MOU) would be reduced to a formal agreement. By executing the Participation Agreement, the County is accepting the terms. The County's litigation team has asked the County to advise them by email of the County's position no later than June 3, 2022, about whether the County supports the proposed settlement. The County's litigation team believes that the proposed settlement represents a fair and equitable resolution of opioid-related claims against Walgreens for the reasons stated in the email. The total is approximately $683 million. The settlement funds will be allocated between the state and local subdivisions according to the existing statewide allocation agreement Memorandum of Understanding (MOU), using the same allocation model applied to prior settlements. Staff recommended that the Board approve the proposed participation agreement for the Walgreens settlement and authorize the Chair and County Attorney to cosign the agreement. �A 111ULIU11 VVdb IIIdUC LU C1[J f.11UVC JLd11 ICL.UIIIIIICIIUdLIU11J, dllU IL f.1d JJCU U IId111111VUJly. 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 B. PLANNING & DEVELOPMENT SERVICES 1. Prima Vista Commons - Major Adjustment to Major Site Plan. A proposed 150-unit multi -family residential development, including two (2) 75-unit buildings with associated improvements on a +/- 19.84-acre site at the NE Corner of Prima Vista Boulevard and Lennard Road, Port St. Lucie, situated nearly one -quarter mile east of US Highway 1 17 1 BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. The applicant is requesting approval for a significant adjustment to Prima Vista Commons' major site plan for a 150-unit multi -family residential development, including two (2) 75-unit buildings, a pool and cabana, associated drainage, and utility infrastructure, wetland and tree preserves, and landscaping. The +/- 19.84-acre site has direct frontage onto Lennard and Tilton Roads, at the NE corner of Prima Vista and Lennard Road, in Port St. Lucie, situated a nearly one -quarter mile east of US Highway 1. The site is zoned Residential Multiple-Family-5 du/ac (RM-5 ) with a Residential Urban (RU) future land use designation. The active Prima Vista Commons major site plan encompasses a 120-unit senior housing facility and future development lot. The proposed adjustment highlights: • One -hundred and fifty (150) unit multi -family residential community with amenities in the RM- 5 Zoning District. • Wetland Preservation & Two (2) Stormwater Ponds. • 230 parking spaces. • Clubhouse & Pool Amenity Center. • Pedestrian links and walking trails. • Tree Mitigation: ➢ Cabbage palms will be satisfied by relocating 228 cabbage palms on -site, and 169 will be preserved on -site. ➢ Mitigation of canopy trees includes 4,665" diameter at breast height (DBH) (2:1 ratio applied) will be preserved on -site, 289.5" diameter at breast height (DBH) will be relocated on -site, and 2,142" diameter at breast height (DBH) will be met via fee -in -lieu at $200.00/inch for a total of $428,400.00. ➢ Required mitigation for the remaining 1,101.5" DBH of canopy trees shall be met via an approved method(s). Staff recommended that the Board approve Resolution 2022-087, which contains the proposed significant adjustment to the Prima Vista Commons major site plan. Based upon consistency with the standards of review identified in Land Development Code Section 11.02.07 and the Comprehensive Plan, the conditions retained from the 2005 Approval (Resolution 05-011), the 2015 Adjustment (Resolution 2015-023), and those specific to the present adjustment as follows: • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the developer shall provide an approved method or combination of methods, including the locations of all relocated canopy trees, for the remaining 1,101.5" diameter at breast height (DBH) of required tree mitigation per Land Development Code 6.00.05.D. • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for the on -site wetlands and their associated upland buffers. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. Prior to issuing a Vegetation Removal Permit or Exemption, whichever occurs first, listed species surveys (e.g., gopher tortoise, crested caracara, etc.) shall be updated, and appropriate permits shall be obtained required per state and/or federal protocol. Alternatively, provide 18 1 P a g BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM written correspondence from the appropriate agencies stating any potential impacts have been resolved. • Prior to issuance of a Certificate of Occupancy, all Category I invasive plant species located within the property boundary shall be removed. • Within 90 days of the Major Site Plan Adjustment, the applicant will dedicate the 15ft. strip of land west of Lennard Road for right-of-way purposes. Staff recommended approval of Resolution 2022-087, granting a major adjustment to the Prima Vista Commons major site plan with conditions, authorizing the Chair to sign documents as reviewed by the County Attorney. Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Robert Raynes (attorney) • Cam Reber • Cherie Akers • Courtney Santorella With no one else wishing to address the Board, Chair Mitchell closed public comment. The applicant's attorney Robert Raynes requested to amend and delete number ten (10) of Condition 16 of Resolution 2015-023, which remains of the prior approval. Prior to the issuance of a building permit, architectural drawings (all building sides) shall be submitted and reviewed by the Planning and Development Services Department, Planning Division staff to demonstrate compliance with LDC, Section 7.10.24 — Community Architectural Standards" as the conditions are not a requirement in the zoning area. A motion was made to approve staff recommendations to amend and delete condition ten (10) of I-UIIUILIUII 10 UI RCJUIULIUII LU1J-ULJ, d[IU IL WdJJCU UIId111111UUJIV. 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. Richard M. Ladyko, P.E, of the Ladyko Design Group, is requesting a Major Site Plan and a Concurrent Category I Wetland Waiver to construct a twenty-four (24), 3-story Multi -family Unit Development known as Majestic Bay - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures 191Page BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM regarding this item: Commissioner Frannie Hutchinson - Spoke with the representative and applicant and read emails from residents. Commissioner Linda Bartz - Spoke with the representative and applicant and read emails from residents. Commissioner Chris Dzadovsky - Spoke with the representative and applicant and read emails from residents. Commissioner Cathy Townsend - Spoke with the representative and applicant and read emails from residents. Chair Sean Mitchell - Spoke with the representative and read emails from residents. Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, and Aimee Cooper, Environmental Resources Planner, presented this item to the Board. The applicant, Richard Ladyko, PE, of Ladyko Design Group, presented a Major Site Plan application with a concurrent Category I Wetland Waiver. To develop twenty-four (24), 3- story, multi -family condominium units with a boardwalk to a twelve (12)-slip boat dock within the Indian River Lagoon with associated parking, drainage, and utility infrastructure. The proposed Site Plan, also known as Majestic Bay, is located at 10251 S. Ocean Drive in Jensen Beach, on South Hutchinson Island, approximately one (1) mile north of the Martin County border. The undeveloped parcel of land consists of an 11.11-acre parcel. The property is zoned Hutchinson Island Residential District (HIRD)with a consistent residential Urban future land use. The site is located within the Urban Services Boundary (USB). It will be served via Fort Pierce Utilities Authority (FPUA) for water service and St. Lucie County Utilities (SLCU) for wastewater service. The proposed site plan will be: • 3-Story Duplex Buildings • 2 Car Garage • 2 Car Driveway The development will have a single (1), full access driveway on State Road A1A (S. Ocean Drive), linking to residential driveways internal to the site. Restricted access gates are being proposed for this project. A southbound, right turn lane is proposed for the project, with striping modifications planned for the flex turn land existing within SR A1A. When measured at the Base Flood Elevation (BFE), the proposed project meets the minimum dimensional criteria required, including compliance with the Zone B Height overlay of thirty-five (35) feet. The major site plan will not adversely affect nearby properties, the neighborhood's character, traffic conditions, parking, utility facilities, and other matters affecting public health, safety, and general welfare. The development is consistent with adjacent uses and designed to integrate with the surrounding area. The major site plan conforms to the standards of review outlined in St. Lucie County Land Development Section 11.02.07. It is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board of County Commissioners approve the Major Site Plan and associated Wetland Waiver, subject to the Conditions of Approval outlined in the Draft Resolution. 20 1 P a g BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Lee Dobbins • David Earl • Richard Ladyko • Christopher Kinac • Courtney Santorella • Greg Boggs • Michael Harris • Martha Paul With no one else wishing to address the Board, Chair Mitchell closed public comment. Upon discussion between the Board and the County Attorney, it was suggested to add a condition allowing staff to have administrative authority to modify the site plan to address the issues discussed during public comment regarding the movement of one (1) parking space. The item would not need to come back to the Board for approval. A motion was made to approve staff recommendations and to add a condition allowing staff to have administrative authoritv to modify the site plan as discussed. Upon roll call, it passed unanimouslv. 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 3. Administrative approval update from the PDS Director Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred in April. • Muller Road —Toth Acres: Minor Site Plan • First Source Commerce Park: Minor Adjustment to Major Site Plan • Southern Truss: Major Adjustment to Minor Site Plan • The Alcove Hutchinson Island: Minor Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for 211 Page BOCC Regular Meeting Tuesday, May 17, 2022 9:00 AM informational purposes only. 11. ANNOUNCEMENTS A. The St. Lucie County Department of Health will hold a ribbon -cutting on Wednesday, May 18 at 10 AM at the Department of Health Building located at 1701 S. 23rd Street, Fort Pierce, FL. B. The Board of County Commissioners will be hosting an unveiling ceremony to name the Lincoln Park Pool the Arthur Lee Boatwright pool on Wednesday, May 31, beginning at 10 AM at the Ilous Ellis Park located at 1200 Avenue M, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, June 7, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. There will be a Juneteenth Community Celebration on June 18, 2022, from 11 AM - 7 PM at the Lincoln Park Community Center located at 1306 Avenue M, Fort Pierce. For more information, please contact Lincoln Park Community Center at 772-462-1788. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 11:39 AM. 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. 22 1 P a g