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HomeMy WebLinkAboutMinutes 08.09.2022BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 9, 2022 Convened: 6:00 PM Adjourned: 8:14 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 Dan McIntyre, County Attorney Andy Treadwell of Indian River State College John Titkanich, Innovation & Performance Division Director Benjamin Balcer, Planning & Development Services Assistant Director Kori Benton, Planning & Development Services Planning Manager Irene Szedlmayer, AICP, Senior Planner Jodi Kugler, Planning & Development Services Senior Planner 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. The following people addressed the Board: • Kayla Short addressed the Board regarding the proposed Mine Ranch Project on Carlton Road and the environmental preservations. • Marjorie Harrell, Mary Sermons, and Glenda Johnson thanked the Board and staff for supporting the BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Juneteeth Celebration. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve all minute sets and passed unanimously. RESULT: APPROVE IMOVER: Commissioner District 4 Frannie Hutchinson I I SECONDER: Commissioner District 1 Chris Dzadovsky I IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I I NAYS: None I 1 EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of July 5, 2022. B. Board of County Commissioners minutes for the BOCC Budget Workshop Day 1, July 6, 2022. C. Board of County Commissioners minutes for the BOCC Budget Workshop Day 2, July 7, 2022. D. Board of County Commissioners minutes for the BOCC Budget Workshop Day 3, July 8, 2022. - ATTACHMENT ADDED 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-134 - Proclaiming August 2022 as "Sunnier Palms Members Lodge, Inc. 30th Anniversary 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 the "Sunnier Palms Board of Directors" President Rolf Bleuer, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None (EXCUSED: None 2 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM B. Resolution No. 22-136 - Proclaiming August 7 - 13, 2022, as "Fort Pierce Farmers Market 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 vendors of the "Fort Pierce Farmers Market," Josh Macy, Kia Fontaine, Carol Roberts, Will Goulet, Brenda Gibbons, and Chet Boudrias, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None 7. PRESENTATIONS A. TCMakers Update - Andy Treadwell, IRSC, and Pete Tesch, EDC Andy Treadwell of Indian River State College (IRSC) and Pete Tesch of the EDC of St. Lucie County presented to the Board. Mr. Treadwell provided an overview of the issues facing the County's economic projects that are moving forward. He discussed the large gap between perception and the Reality of today's high -demand jobs and the need for more nurses, health care workers, coaching, logistics distribution, industrial skills, and trade workers. The goal of Tcmakers is to: • Improve the perception of manufacturing and skilled trade careers; • Close the gap between Perception and Reality; • Expand the talent pipeline of highly qualified candidates for our region. Mr. Treadwell mentioned partnerships with the Career Source Center of the Treasure Coast, Indian River State College, and opportunities with the Economic Development Councils in Indian River, Martin, and Okeechobee Counties. He mentioned Indian River State College is launching an advanced training complex for industrial skills, trade, and manufacturing centers planned for March 2023 and will continue to work on apprenticeship programs for the businesses coming in. In an effort to change the perception of manufacturing and trade, the https://tcmakers.com website was created to provide the public with more detailed information for training, employment, funding, and degree programs to get the needed skills. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky 3 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM I SECONDER: Commissioner District 3 Linda Bartz IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None I EXCUSED: None A. WARRANTS 1. Warrant Lists 41 - 43 Adopted by Consent Vote B. ADMINISTRATION 1. St. Lucie County HELPER Act Letter of Support Staff recommended the Board to authorize the Chair to sign the letter of support addressed to Congressman Mast requesting his co-sponsorship on the Legislation. Adopted by Consent Vote 2. Terminate Interlocal Agreement with City of Fort Pierce for State Lobbying Staff recommended that the Board approve termination of the interlocal agreement with the City of Fort Pierce for State lobbying and authorize staff to send a formal 30-day notice of termination to the City of Fort Pierce. Adopted by Consent Vote Item pulled for separate discussion Commissioner Townsend questioned if the County will be going out for bids. County Attorney Dan McIntyre advised the County is in the process of bidding for a state lobbyist. 3. Terminate Interlocal Agreement with the SLC School Board for State Lobbying Staff recommended that the Board approve termination of the interlocal agreement with the School Board for State lobbying and authorize staff to send a formal 30-day notice of termination to the School Board of St. Lucie County. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Revocable License Agreement - 170 SE Calmoso Drive - River Park - Unit 7 - Bradley Hamel and Madeline Soriano - Parcel ID 3419-550-0039-000-7 Mr. Hamel and Ms. Soriano are requesting a Revocable License Agreement to install a 6' wood fence with a single gate along the north side of the property, extending into the County's 4 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM 10'Drainage/Utility Easement, and a 6' wood fence with a double gate within the County's 6' Drainage/Utility Easement, extending into the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 12 Page 41. 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. Hamel and Ms. Soriano pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. County Deed to Creekside Community Development District Staff recommended the Board authorize the Chair to sign the county deed transferring Parcel ID 2327-333-0000-000-3 to Creekside Community Development District and record the county deed in the public records of St. Lucie County, Florida, upon receipt of $553.50, the costs the County incurred during the tax deed process. Adopted by Consent Vote Item pulled for separate comment by Commissioner Dzadovsky regarding environmental concerns and the restoration process. Revocable License Agreement - 403 Poplar Avenue - River Park - Unit 2 - Thomasina C. Roberts - Parcel ID 3419-510-0131-000-8 Ms. Roberts is requesting a revocable license agreement to be allowed to install a 6' PVC fence along the north, east, and south sides of the property and a 5' gate on the north and south sides of the property within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224, Page 453. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. 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. Roberts pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM 4. Revocable License Agreement - Florida City Gas - River Park - Unit 7 - 824 SE Festivo Court Property Acquisitions received a Right -of -Way Permit from Florida City Gas to install a new gas service line to 824 SE Festivo Court, which requires a Revocable License Agreement. Florida City Gas is installing approximately 140' of 1/2" P.E. gas service line via directional drill within the County right- of-way of SE Festivo Court. Public Works, Road & Bridge, Water Quality, and Engineering have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement with Florida City Gas, authorize the Chair to sign the agreement, and direct Florida City Gas pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Resolution - Right -of -Way Donation - 5' of Right -of -Way on South Market Avenue - William L. Sax - Parcel ID 2434-601-0063-000-3 On August 31, 2017, the City of Fort Pierce Planning Department granted approval for a Site Plan and Design Review for the expansion of a project known as Tropic Supply. A condition of approval required William Sax convey to St. Lucie County 5' of right-of-way along the entire frontage of his property on South Market Avenue. The proposed Warranty Deed is attached for your review, approval, and acceptance. Staff recommended the Board accept the warranty deed from William L. Sax, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Approval of Budget Increase for Impact Fee Updates - Nabors, Giblin & Nickerson Staff recommended that the Board approve the updated budget amount set out above and authorize payment to the consultants from the account indicated. Adopted by Consent Vote Item pulled for separate discussion by Commissioner Townsend regarding consultant fees. 7. Revocable License Agreement - 288 NE Summer Road - River Park - Unit 9 - Part C - Michael T. Hetherington and Michael T. Hetherington II - Parcel ID 3419-570-0057-000-1 Mr. Hetherington and Mr. Hetherington II are requesting a Revocable License Agreement to install a 6' vinyl fence with a gate along the south side of the property within the County's 6' Drainage/Utility 6 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Easement per the Plat recorded in Plat Book 15, Page 28 to 28B. 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. Hetherington and Mr. Hetherington II pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. 2021 Edward Byrne Memorial Justice Assistance Grant This is a request to have the Chair sign the Certificate of Participation and the 51% Letter for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Staff recommended that the Board approve the County's participation as the coordinating unit of government in the FDLE 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Adopted by Consent Vote D. COMMUNITY SERVICES 1. Continuum of Care Grant Agreement FL0310L4H092113 - Veterans, Individuals, and Families This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing to homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental subsidies to approximately 16 chronically homeless individuals and families from August 01, 2022, to July 31, 2023. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0310L4H092113) in the amount of $191,400 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Continuum of Care Grant Agreement FL0397L4H092111- Chronically Homeless This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing for chronically homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental 7 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM subsidies to approximately 15 chronically homeless individuals and families from August 01, 2022, to July 31, 2023. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0397L4H092111) in the amount of $189,504 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Continuum of Care Grant Agreement FL0419L4H092106 - New - Chronically Homeless Individuals and Families This is an agreement between Housing and Urban Development and St. Lucie County to provide subsidies for permanent supportive housing for chronically homeless individuals and families with disabilities. As the lead entity, Treasure Coast Homeless Services Council submits the applications for all funding opportunities that fall under the Continuum of Care (COC). This grant provides rental subsidies to approximately 10 chronically homeless individuals and families from August 01, 2022, to July 31, 2023. Staff recommended Board acceptance of the Continuum of Care Grant Agreement (FL0419L4H092106) in the amount of $113,424 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Fifth Amendment to the Agreement (C21-02-073) Between St. Lucie County and the Treasure Coast Homeless Services Council for Emergency Rental Assistance Program 1 (ERAP1) Administrative Services Increasing Administrative Funding for the Work Performed for the City of Port Saint Lucie Staff recommended Board approval of the Fifth Amendment to the Agreement (C21-02-073) in the amount of $75,000 between St. Lucie County and the Treasure Coast Homeless Services Council for Emergency Rental Assistance Program 1 Administrative Services, subject to legal form and correctness; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Request to approve a Second Amendment to increase the contract amount with An Answer to Care (Contract #C20-11-762) from an amount not to exceed $120,000.00 per year to an amount not to exceed $200,000.00 per year and to extend the term of the the agreement for one year for Direct Connect Transportation Services. The purpose of the Direct Connect Program is to provide transportation for residents of St. Lucie County to work, non -emergency medical appointments, education, and other life -sustaining activities. This occurs both when the fixed route and/or paratransit buses are not operating or when there is no fixed route service in the area of the residence or destination of the rider, or if the destination is outside of the County. 8 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Staff recommended approval of the Second Amendment with An Answer to Care to increase the amount from $120,000.00 to $200,000.00 per year, extend the term for one year, and request for the Chair to sign all documents approved by the County Attorney. Adopted by Consent Vote 6. Interlocal Agreement Between the City of Port Saint Lucie and St. Lucie County for Cost Share Relating to a Housing Needs Assessment and Implementation Plan Staff recommended Board approval of the cost share reimbursement agreement up to $50,000 between the City of Port Saint Lucie and St. Lucie County and authorization for the Chair to sign documents as approved to legal form and correctness by the County Attorney. Adopted by Consent Vote 7. Creation of a Grant funded Budget & Contracts Coordinator This position will play a critical role in all fiscal and regulatory components of the job. The Transit Division has an average of 25 open grants from state and federal agencies such as the Florida Department of Transportation, Florida Commission for the Transportation Disadvantaged, and Federal Transit Administration. Staff recommended Board authorization to create a grant -funded Budget and Contracts Coordinator position within the Transit Division at an estimated cost of $90,734.72 annually. Adopted by Consent Vote L:WZDII OLIu14 ZALl�:i 1. Amendment to Work Camper Agreement for Michael Brady - Site Relocation from Petravice Family Preserve to Steven J Fousek Preserve Staff recommended Board approval of the Amendment to the Work Camper Agreement with Michael Brady and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. FACILITIES 1. Work Authorization - Administration Building Westside Parking Lot Improvements Approval of Professional Services associated with the Redesign of the western St. Lucie County Administration Building Parking Lot, located at the intersection of Virginia Avenue and 25th Street, Fort Pierce, Florida. The project involves detailed design, construction drawings, specifications, and contract documents 9 1 P a g e BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM and obtaining the necessary related regulatory approvals. Staff recommended Board approval of Work Authorization No. 03 in the amount of $93,300.00 and for the Chair to sign the work authorization documents as approved by the County Attorney. Adopted by Consent Vote G. PARKS & RECREATION 1. NRPA Perk your Park Campaign Grant Acceptance in the Amount of $2,000.00 Staff recommended Board acceptance of the NRPA Perk your Park campaign grant in the amount of $2,000.00 as outlined in the agenda memorandum and authorize the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 2. Award Bid No. 22-063 - Infield Renovations for Elks Park, Horatio Grisby & Lakewood Park Regional Park Ballfields - $128,215.00 Staff recommended Board approval increase project Lincoln Park — 129-7210-563000-217624 - $21,100.00, Lakewood Park — 129-7210-563000-217626 - $69,202.00, Elk's Park — 129-7210-563000- 217623 - $21,250.00 by amount $16,663.00 from $111,552.00 to $128,215.00 and award Bid No. 22- 063 to JSM Services Inc., in the amount of $128,215.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Lakewood Park Regional Park Proposed Public Potable Water Connection (Plan and Design) 4th Amendment to Work Authorization No. 3 under contract C14-09-397 - $4,300.00 Staff recommended Board approval for the additional funding in the amount of $4,300.00 for these changes and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote H. PLANNING & DEVELOPMENT SERVICES 1. Request permission to advertise a Land Development Code Text Amendment creating an administrative variance process for the required minimum yard setback standards for single-family detached dwellings and the associated residential accessory structures and providing for a Special Magistrate to serve as the Board of Adjustment. 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 101 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM IA0JI0 ca"11I4It11L 1 1. Bid Waiver and Sole Source Determination F.Y. 22-23 for Solid Waste Division 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: Accent Wire, Air Burners Inc, Air Compressor Works, Inc., Andela Products, Case Trekker Tractor, Conveyor Consulting & Rubber Corporation, Crigler Enterprises Inc., eFACTOR3 LLC, Machinex Technologies, Inc., Macpresse, Nextran Truck Centers, Rexel USA Inc., Sitech South, Specialty Fire Suppression, Inc., VanDyk Baler Corp. (formerly Lubo USA) and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote 2. Capital Lease - 2022 Caterpillar 336-07 Hydraulic Excavator St. Lucie County Solid Waste is requesting to lease a new 336-07 Caterpillar Hydraulic Excavator to replace equipment that is nearing its end of life. It is more cost-effective to lease this equipment long-term rather than purchase it since maintenance is included in the lease. Staff recommended the Board authorize staff to enter into a long-term capital lease with Kelly Tractor, with option to buy, for a 2022 Caterpillar 336-07 Hydraulic Excavator from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following costs following review and approval from the County Attorney. Adopted by Consent Vote J. PUBLIC WORKS Approval of a Contract to Inwood Consulting Engineers for the design and permitting of the Harmony Heights Phase 3 Project in the amount of $915,144.22 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of a contract in the amount of $915,144.22 to Inwood Consulting Engineers for the Harmony Heights Phase 3 project and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 2. Approval to award a contract to Tetra -Tech, Inc. for the Stormwater Master Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended approval to award a contract in the amount of $2,295,740.00 to Tetra -Tech, Inc. for the Stormwater Master Plan and authorize the Chair to sign documents as approved by the 11 1 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. ADMINISTRATION 1. First Hearing for the Update of the St. Lucie County Fire and Rescue Impact Fee (2022 Study) Related to the Fire/EMS Impact Fees Ordinance and Adoption of the Revised Proposed Fire/EMS Impact Fee Schedule John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The County must collect Fire/EMS protection impact fees to provide the fire district with funds to adequately provide services for all county residents, including residents of the cities. The developments within the cities impact the Fire/EMS capital needs of the fire district. In 2000, the County adopted a Fire/EMS Protection Impact Fee to address the impact of growth and demand on the Fire District to provide Fire/EMS protection services. St. Lucie Fire District engaged Dr. James C. Nicholas in 2021 to review and update the impact fees for Fire/EMS Protection Services, of which he prepared the update of the St. Lucie County Fire and Rescue Impact Fee, dated May 10, 2022. The Fire Board approved the Final Update of the St. Lucie County Fire and Rescue Impact Fee at the Fire Board meeting held on July 20, 2022. It is noted that a local government may increase its impact fees once every four years by no more than 50% unless the local government demonstrates extraordinary circumstances exist, necessitating an increase beyond the maximum increase of 50%. Additionally, depending on the percent increase, a local government must phase -in the increase over a two (2) to four (4) year period in equal installments. The St. Lucie County Planning and Zoning Commission approved a recommendation to the Board to approve the update of the Fire and Rescue Impact Fee (2022 Update) and Ordinance Adoption on July 21, 2022. Similar to the County's impact fees, the incremental phased increases will be consistent with the statutory requirements if the increase of less than 25% or more is built into the schedule of the Ordinance. Since 2017 the impact fee for a single-family home has been $617. The updated Ordinance will go into effect on October 1, 2022, and the new impact fee for the single-family home, beginning on January 1, 2023, will be $650.00. Staff recommended the Board approve the Update of the St.Lucie County Fire and Rescue Impact Fee (2022 Study) and the first reading of an ordinance adopting the proposed Fire/EMS Impact Fee Schedule. The second public hearing will be held on September 6, 2022, for final adoption. 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 1ST READING MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz 121 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None I EXCUSED: None B. COUNTY ATTORNEY 1. Public Hearing - Economic Development Ad Valorem Tax Exemption - Proposed Ordinance Creating Economic Development Ad Valorem Tax Exemption for FedEx Ground Package System Inc. Related to a New Facility at 13701 SW Anthony F. Sansone Sr. Boulevard - Ordinance No. 2022-023 Daniel McIntyre, County Attorney, presented this item to the Board. FedEx Ground Package System, Inc. has applied for a real and personal property economic development ad valorem exemption related to a 245,000 square -foot warehouse facility with associated parking. As a result of this expansion, the company has added 46 jobs to its workforce. The Property Appraiser has reviewed the application and determined the company is eligible for the exemption. The company would receive the exemption on a sliding scale for no more than ten (10) years if approved. The County Attorney advised the exemption does not apply to school, fire, or municipal taxes. The exemption only applies to County taxes, and the value of the real property itself would not be subject to the exemption and performance -driven. The Ordinance includes the County can rescind the approval if performance is not met. The estimated lost tax revenue if the exemption is applied using the current millage rate is $414,390.89 for the first year. Copies of proposed Ordinance No. 22- XXX, exemption application, and economic incentives resolution were provided to the Board. Staff recommended the Board approve the proposed draft ordinance 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. Mark Satterlee, the County Administrator, advised the Ad Valorem tax exemption item will be on the primary ballot Tuesday, August 23, 2022, and mail -out ballots being mailed on August 13, 2022. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. County Initiated Comprehensive Plan Text Amendment to the Recreation Element to Incorporate the 10-Year Parks & Recreation Master Plan (PRMP) -ADOPTION HEARING 131 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. Per the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune on Thursday, July 28, 2022. On January 11, 2022, the Board adopted the Parks and Recreation 10-Year Master Plan. As St. Lucie County continues to grow, the County needs to ensure that parks, recreational facilities, athletic fields, and event venues are planned appropriately for the future. As a result, St. Lucie County recently embarked on a comprehensive 10-year Parks & Recreation Masterplan initiative to examine the current parks and recreation assets' ability to meet the needs of the County and outline the steps needed to close the gaps between current capabilities and those needs. The goal of the master planning process was to assess the County citizenry's recreational needs and explore the best way to meet those needs within the mission of the Parks & Recreation Department and the County's Strategic Plan Objectives and Framework. The proposed Amendment: • Policy 7.1.1.2 — St. Lucie County shall expand and improve recreational facilities consistent with the needs and recommended strategies identified in the Parks and Recreation 10-Year Master Plan, dated and approved by the Board of County Commissioners on January 11, 2022. The County shall Accept and achieve the Level of Service Standards as set forth in this Element and the Capital Improvements Elements, through an equitable and systematic land acquisition and development program. Objective 7.1.4 within the adopted 2018 St. Lucie County Comprehensive Plan references the previously adopted March 2002 Community Parks System Master Plan. The subject Amendment intends to replace the reference to the 2002 Parks Master Plan with the newly adopted 2022 Parks & Recreation Master Plan. On May 19, 2022, the Planning & Zoning Commission, acting as the Local Planning Agency, unanimously recommended the Board adopt the proposed Comprehensive Plan Text Amendment. On June 7, 2022, the BOCC approved the proposed Amendment's transmittal to the Department of Economic Opportunity (DEO). Staff recommended the Board approve the adoption of Ordinance 2022-22, the Comprehensive Plan Text Amendment, to incorporate the 10-year Parks and Recreation Master Plan into the Recreation Element of the Comprehensive Plan by reference. 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 d unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None 141 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM I EXCUSED: None I 2. William Haines is requesting a Major Adjustment to the Lone Pine PUD Final Site Plan to modify the approved driveway location for Lot 13. The project site is within the PUD, Planned Unit Development Zoning District - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff and the applicant. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff and the daughter of the applicant. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Per the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune and mailed to adjacent property owners within 500 feet of the subject property detailing the proposed project. In 2004 the Board authorized the Lone Pine PUD rezoning and a Final Planned Development Site Plan for a 23-lot single-family residential project. South of the White City area, East of 251" Street, and west of Citrus Avenue. The PUD approval resolution contained seven (7) conditions of approval. Including the driveway, locations shall be located in the areas depicted on the site plan. No alterations may be permitted without a modification to the PUD plan being reviewed and approved by the Board. No adverse impacts to Trees or Environmental Resources are identified with the Amendment. The applicant designed a single-family home with a driveway along the east side to retain space for a pool in the rear yard, adhering to a 15 ft. minimum setback. The applicant was unaware of the designated driveway location during home design. The preparing surveyor did not transcribe the designated access area within the Lone Pine Subdivision Plat onto the survey. The deviation was pinpointed during the building permit review, with the applicant electing to petition a Site Plan modification to relocate the driveway location for Lot 13. The modification is listed in the HOA authorization. Staff recommended the Board approve the Major Adjustment to the Lone Pine PUD to modify the Lot 13 Driveway Location with conditions outlined in Resolution 2022-139, authorizing 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. • William Haynes With no one else wishing to address the Board, Chair Mitchell closed the public hearing. The Board discussed the language regarding the driveway's specifications, fees, and differences between minor and major site plans. The Board also discussed the community development and questioned a supplemental application of the Home Owner Association (HOA) to make changes. 151 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Mr. Benton clarified adjustment fees and advised that the Minor Adjustment to a PUD fee is $1350, and collectively, the fee for a Major Adjustment to s PUD is $2600 plus advertising fees as discussed. He advised the applicant carries the costs of all advertising fees. A motion was made to approve staff recommendations with the Minor Adjustment to a PUD fee of $1350 3ppllcant tee, and It passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None 3. Comprehensive Plan Text & Map Amendments, Amending the Urban Service Boundary, Establishing a Planning Study Area & Revising Associated Objectives & Policies - ADOPTION HEARING Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. In accordance with the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune, highlighting all components of the proposal. St. Lucie County transmitted proposed Comprehensive Plan Amendments to the State and corresponding Review Agencies to amend the Urban Service Boundary (USB) to account for south county growth and revise associated objectives and policies. The Urban Service Boundary was first depicted on the Comprehensive Land Use Plan Map in 1990. The Urban Service Boundary was established and included on the Future Land Use Map to distinguish the area where urban development may occur from areas where it should not occur. Additionally, the amendments propose a Planning Study Area, with two (2) subdistricts, North County Planning Area and Agricultural Limited -Service Planning Area, while identifying primary guidelines for a Planning Study to evaluate the land within each area. 2 Proposal Components: ■ USB Expansion: South County expansion effective immediately to account for Port St. Lucie's Western Annexation Area & Oak Ridge Ranch ■ Establish Planning Study Areas: Initiate a Planning Study for middle and north County, east of Header Canal Rd. In coordination with staff, the Board initiated this proposal to plan for imminent and future growth and to guide development to areas with existing or planned services. To include roads, water, drainage, schools, libraries, and parks, encouraging urbanized activity centers while preserving rural lifestyles, environmental resources, and agricultural assets. The timeline for returning the proposed Planning Study area findings to the Board is October 2024, aligning with the County's required notification of an evaluation and appraisal review for the comprehensive plan. The Transmitted Amendment Packet was reviewed by the Florida Department of Economic Opportunity (DEO) and corresponding agencies. No objections were identified in 161 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM the reviews, with complete findings. The proposed study scope and budget will be presented to the Board during the FY2022/2023 budget cycle and are projected to carry a professional services range greater than $50,000. Staff recommended the Board approve Ordinance 2022-015 to adopt the Comprehensive Plan Amendment set to revise the Urban Service Boundary, establish a Planning Study Area, and enact associated objectives and policies. Commissioner Townsend questioned if McCarty Ranch was included within the service plan. Staff advised that the Urban Service Boundary expansion will include the entryway to McCarty Ranch but not the mass of it. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brian Nolan 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: ADOPT IMOVER: Commissioner District 4 Frannie Hutchinson I ISECONDER: Commissioner District 5 Cathy Townsend I Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None I 1 EXCUSED: None 4. A Future Land Use Map Amendment to Change the Land Use Categories from R.U. (Residential, Urban - 5 du/ac), R.M. (Residential, Medium - 9du/ac), and COM (Commercial) to the MXD (Mixed -Use Development) Category, Submitted by Cotleur and Hearing, Inc., on behalf of Meritage Homes of Florida - ADOPTION HEARING - ITEM REPORT UPDATED Item presented in conjunction with 9.C.6. Jodi Kugler, Planning & Development Services Senior Planner, presented this item to the Board. In accordance with the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune on Thursday, July 28, 2022. and notices were mailed to adjacent property owners within 500 feet of the subject properties, and two (2) signs were placed on the subject property. The applicant did not hold a neighborhood meeting; however, neighborhood meetings are not required but strongly encouraged. A petition for a Future Land Use Map Amendment to change the land use categories petition was submitted on behalf of Meritage Homes of Florida Inc. The Preliminary PUD Site Plan encompasses a 16.37-acre subset of the subject sites to develop 160 multifamily residential townhome units associated with improvements known as Tidewater PUD, located at 6209 S. U.S. Highway 1 in Fort Pierce. A proposed 2.50- acre outparcel, located at the 171 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM northeastern corner of the subject site, is to retain a Commercial, General Zoning Designation. The applicant proposes replacing the existing 4" sewer line with an 8" sewer line for 5,121 linear feet of sanitary sewer force main located on the west side of the US-1 right-of-way, which connects to the existing Fort Pierce Utility Authority (FPUA) utility hole. This new sanitary sewer force main will be able to serve undeveloped and underdeveloped parcels south of Midway Road FPUA system limits. The proposed comprehensive plan amendment would change the future land use map designation from the collective 18.73-acres to a mixed -use category with specific use designations for commercial and residential to allow up to nine (9) units per acre. The subject property is currently zoned commercial general in residential suburban districts. The proposed zoning amendment would change the official zoning map designation to rezone the 16.37-acre subset of the subject property from the single residential family to allow up to two (2) units per acre and commercial general to a planned unit development with a preliminary site plan. The applicant plan states that the proposed plan meets the intent of the goals, objectives, and policies of the St. Lucie County comprehensive plan by creating and/or preserving affordability for anticipated future residents. The implementation of the six -unit and eight -unit buildings made up of four (2-bedrooms), two (2-bedrooms), and four (1-bedroom) layouts to allow a variety of housing. The applicant requests to deviate from the St. Lucie County Land Development Code Section 7.0.03 building spacing formula. The preliminary plan demonstrates meeting the required 35% open space area for common landscaping and planting areas, stormwater retention areas, or other areas of public purpose or use. The lake is designed to ensure proper drainage and runoff flows on the site to prevent flooding and any other potential issues that could arise with a change in drainage pattern. The Preliminary Site Plan depicts two (2) different lot types, a 20-foot by 90- foot lot with a single car garage and 8- foot -wide driveway and a 24-foot by 90- foot lot with a double car garage and a 16-foot- wide driveway. The 2-story townhomes consist of 6-unit and 8-unit buildings made of (4) 2-bedroom, (2) 2- bedroom, and (4) 1-bedroom layouts allowing for a variety of housing. The overall maximum height is 27.7 feet. As a condition of approval, staff recommends a minimum 10-foot-wide driveway for pedestrian safety entering and exiting a vehicle onto a hard surface. Access to the site is proposed via one right-in/right-out driveway connection on US1. A southbound right -turn lane will support the proposed right-in/right-out driveway to support safety as egress left -turn movements will be offset north and south. The proposed right-in/right-out driveway southbound right -turn lane on U.S. Highway 1 at Sunshine Boulevard and Easy Street, respectively, as drivers will be required to perform a U-turn movement. On July 21, 2022, the Planning and Zoning Commission recommended approval to the Board for both petitions with the condition to the Preliminary PUD Site Plan to increase the driveway width to nine (9) feet wide. After the meeting, the applicant provided correspondence to staff consenting to the condition of approval #3 to extend the driveway a minimum of ten (10) wide. The staff has reviewed the proposed small-scale Comprehensive Plan Future Land Use Map Amendment and determined it is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the staff recommends the Board of County Commissioners adopts Ordinance 2022-25. 181 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Dan Sorrow presented a brief overview of the project site and design. • Sean Mckenzie • Tim Foster 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: ADOPT MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None 5. Joseph Miller's Petition for a Comprehensive Plan Future Land Use Map Amendment to revise the Loop Road Mixed Use Activity Area Policy for the Low -Intensity Sub -Area to replace specific required commercial, institutional, and office thresholds with light industrial and warehouse land uses - Kori Benton, Planning & Development Services Planning Manager, and Irene Szedlmayer, AICP, Senior Planner, presented this item to the Board. Consistent with the requirements of the Lucie County Land Development Code, the public hearing before the Board was published in the St. Lucie News Tribune on July 28, 2022, and a courtesy mailed notice was also provided to owners of property located within 500 feet of the affected area. The property is located in the County's northeast quadrant, a half mile east of Kings Highway and Orange Avenue and the eastern boundary of Jenkins Road. The property owner, Joseph Miller, applicant, Tambone Companies, and representative, Brad Currie, AICP, of EDC, Inc., are proposing a Comprehensive Plan Future Land Use Map Amendment. To revise the Loop Road Mixed Use Activity Area affecting the subject +/-34.01 acres would retain the MXD, Mixed Use District, Low - Intensity category. However, the modified Sub Area Policies would alter the permissible land use scope centered on industrial uses. The proposal retains a vegetated buffer zone requirement to buffer the adjacent residences and other less intense uses properly. Staff proposes a provision requiring rezoning to the Planned Non-residential Development District (PNRD) for future development proposals requiring rezoning and associated evaluation criteria. The proposed final Subarea Policy (Low Intensity — Loop Road MXD): • The MXD Low -Intensity district will include Light Industrial/Warehouse land uses, including flex space buildings. Industrial development shall be approved through the PNRD (Planned Non - Residential Development) process and shall provide a buffer zone to properly buffer the adjacent non -industrial uses, and shall preserve environmental resources, and 191 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM The Loop Road MXD Activity Area Map was adopted within the Comprehensive Plan in 2007 via Ordinance 07-025. The area affected, within the Low -Intensity Area, is guided by a Sub Area Policy to include 50% commercial at the northeast corner with a combination of 25% Office and 25% Institutional and includes a vegetated buffer zone to properly buffer the adjacent residences from future development. The proposal seeks to replace the intended use scope with light industrial and warehouse land uses while retaining provisions related to buffering and affirming future development proposals via a Planned Development process. This Amendment is considered a small-scale comprehensive plan amendment and requires only one public hearing before the Board. The Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board. Staff recommended the Board approve Ordinance 2022-024 containing the proposed Comprehensive Plan Future Land Use Map Amendment 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. • Brad Curry With no one else wishing to address the Board, Chair Mitchell closed the public hearing. There were discussions regarding the Jenkins Road partial right of way. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: ADOPT IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 3 Linda Bartz I Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None I 1 EXCUSED: None 6. Zoning Atlas Amendment (Rezone) from RS-2 (Residential, Single-Family-2) and C.G. (Commercial, General) to PUD (Planned Unit Development), and Preliminary PUD Site Plan for a project to be known as the Tidewater PUD located at 6209 S. U.S. Highway 1 in Fort Pierce, submitted by Cotleur and Hearing, Inc., on behalf of Meritage Homes of Florida Inc. - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 9.C.4. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: 201 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Commissioner Frannie Hutchinson - Spoke with staff and the representative. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff and the representative. Commissioner Cathy Townsend - Spoke with staff and the representative. Chair Sean Mitchell - Spoke with staff and the representative. Jodi Kugler, Planning & Development Services Senior Planner, presented this item to the Board. Cotleur and Hearing, Inc. submitted petitions on behalf of Meritage Homes of Florida Inc. for a Future Land Use Map Amendment to change the land use categories. The Preliminary PUD Site Plan encompasses a 16.37- acre subset of the subject sites to develop 160 multifamily residential townhome units associated with improvements known as Tidewater PUD, located at 6209 S. U.S. Highway 1 in Fort Pierce. A proposed 2.50- acre outparcel, located at the northeastern corner of the subject site, is to retain a Commercial, General Zoning Designation. The applicant proposes replacing the existing 4" sewer line with an 8" sewer line for 5,121 linear feet of sanitary sewer force main located on the west side of the US-1 right-of-way, which connects to the existing Fort Pierce Utility Authority (FPUA) utility hole. This new sanitary sewer force main will be able to serve undeveloped and underdeveloped parcels south of Midway Road FPUA system limits. The proposed comprehensive plan amendment would change the future land use map designation from the collective 18.73-acres to a mixed -use category with specific use designations for commercial and residential to allow up to nine (9) units per acre. The subject property is currently zoned commercial general in residential suburban districts. The proposed zoning amendment would change the official zoning map designation to rezone the 16.37-acre subset of the subject property from the single residential family to allow up to two (2) units per acre and commercial general to a planned unit development with a preliminary site plan. The applicant plan states that the proposed plan meets the intent of the goals, objectives, and policies of the St. Lucie County comprehensive plan by creating and/or preserving affordability for anticipated future residents. The implementation of the six -unit and eight -unit buildings made up of four (2-bedrooms), two (2-bedrooms), and four (1-bedroom) layouts to allow a variety of housing. The applicant requests to deviate from the St. Lucie County Land Development Code Section 7.01.03 building spacing formula. The preliminary plan demonstrates meeting the required 35% open space area for common landscaping and planting areas, stormwater retention areas, or other areas of public purpose or use. The lake is designed to ensure proper drainage and runoff flows on the site to prevent flooding and any other potential issues that could arise with a change in drainage pattern. The Preliminary Site Plan depicts two (2) different lot types, a 20-foot by 90- foot lot with a single car garage and 8- foot -wide driveway and a 24-foot by 90- foot lot with a double car garage and a 16-foot- wide driveway. The 2-story townhomes consist of 6-unit and 8-unit buildings made of (4) 2-bedroom, (2) 2- bedroom, and (4) 1-bedroom layouts allowing for a variety of housing. The overall maximum height is 27.7 feet. As a condition of approval, staff recommends a minimum 10-foot-wide driveway for pedestrian safety entering and exiting a vehicle onto a hard surface. Access to the site is proposed via one right- in/right-out driveway connection on US1. A southbound right -turn lane will support the proposed right- in/right-out driveway to support safety as egress left -turn movements will be offset north and south. The proposed right-in/right-out driveway southbound right -turn lane on U.S. Highway 1 at Sunshine Boulevard and Easy Street, respectively, as drivers will be required to perform a U-turn movement. 21 1 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM Staff provided notification letters to twenty-three (23) owners of the property, located within 500 feet of the petition site, detailing the proposals. A public notification sign detailing the Board's public hearing was posted on the premises, and an advertisement was displayed in the local newspaper on Thursday, July 28, 2022. The applicant did not hold a neighborhood meeting; however, neighborhood meetings are not required but strongly encouraged. On July 21, 2022, the Planning and Zoning Commission recommended approval to the Board for both petitions with the condition to the Preliminary PUD Site Plan to increase the driveway width to nine (9) feet wide. After the meeting, the applicant provided correspondence to staff consenting to the condition of approval #3 to extend the driveway a minimum of ten (10) wide. The proposed PUD Rezone & Preliminary Site Plan conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Sections 11.06.03 & 11.02.07 and has been found to be consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive. Staff recommends the Board of County Commissioners approve the Tidewater Planned Unit Development Rezone and Preliminary Site Plan, subject to the following conditions: • Prior to the issuance of any building permits, a final plat must be approved by the Board of County Commissioners. • The Community Clubhouse or similar use facilities shall be consistent with the Community architectural Standards of St. Lucie County Land Development Code, Section 7.10.24. • All Residential driveways shall be a minimum of ten (10) feet wide. • Before issuance of Vegetation Removal Permit or Exemption, updated a survey to determine the current activity status of the onsite osprey nest shall be provided. Should the nest be deemed active, i.e., the nest has eggs or flightless young, then an Incidental Take Permit from the United States Fish and Wildlife Service (USFWS) is required. • Before issuance of Vegetation Removal Permit or Exemption, a 100% survey to determine the presence of the state -protected gopher tortoise and state -protected burrowing owl shall be required. If any gopher tortoise burrows are identified within 25 ft. of the proposed disturbance, all tortoises shall be relocated per the Florida Fish and Wildlife Conservation Commission (FWC) protocol. If any burrowing owls are identified, coordination with the FWC and/or United States Fish and Wildlife Service (USFWS) shall be required. • Before the issuance of a Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Dan Sorrow provided a brief overview of the project site and design. • Sean McKenzie • Tim Foster 221 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM With no one else wishing to address the Board, Chair Mitchell closed the public hearing. There was a discussion regarding the development entrance/exit location, intersection traffic, the addition of signal lights, U-Turn location, stormwater treatment area, and drainage. A motion was made to approve staff recommendations, and it passed unanimous RESULT: I MOVER: I SECONDER: I AYES: I NAYS: I EXCUSED: 10. REGULAR AGENDA A. COUNTY ATTORNEY APPROVE Commissioner District 5 Cathy Townsend Commissioner District 3 Linda Bartz Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend None None 1. Fort Pierce Utilities Authority Water and Wastewater and Florida Power & Light Company Rate Increases; Pass Through to County Water and Wastewater Customers - Resolution No. 2022-128 - Daniel McIntyre, County Attorney, presented this item to the Board. The County water and wastewater utility receive bulk water and wastewater utility service through a bulk utility service agreement with the Fort Pierce Utilities Authority (FPUA). On June 27, 2022, the Fort Pierce Utility Authority sent a letter to the County Administrator notifying the County of the implementation of a water and wastewater rate increase of 10% for all water and wastewater customers, including bulk utility service to St. Lucie County in July and an additional water and wastewater rate increase of 10% in October. Florida Power & Light Company (FPL) provides the County utility electric service. The Florida Public Service Commission approved Florida Power & Light Company electric service rate increases applicable to the County utility. A charter of the County's Water and Sewer District in Section 4.03(E) provides water and wastewater rate revisions by Fort Pierce Utility Authority. The bulk water and wastewater service provided by Fort Pierce Utility Authority to the County and rate increases from other utility service providers, including Florida Power & Light rate increase, must be passed through automatically to County water and wastewater customers. Staff recommended that the Board adopt Resolution 2022-128 and authorize the Chair to sign the resolution. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend 231 Page BOCC Regular Meeting Tuesday, August 9, 2022 6:00 PM AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 16, 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 Regular meeting on Tuesday, September 6, 2022, at 6 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 be holding a Tentative Budget Hearing on Thursday, September 8, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, September 13, 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, September 20, 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 be holding a Final Budget Hearing on Thursday, September 22, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 8:14 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. 241 Page