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HomeMy WebLinkAboutMinutes 09.06.202291rc LUCE 0 Q n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 6, 2022 Convened: 6:00 PM Adjourned: 7:23 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 Joseph Sabater, Impact Fee Program Manager Katherine Barbieri, Assistant County Attorney III JoAnn Riley, Property Acquisition Manager Kristopher McCrain, Planning & Development Services Associate Planner Mayte Santamaria, Planning & Development Services Director George Landry, Solid Waste Division Director Tahir Curry, Planning & Development Services Planner I 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: Pamela Hammer, on behalf of PGA Village residents, addressed the Board regarding the maintenance fees for County and Public roads and the development of Meritage Homes. • Eric Roby, Executive Director of the American Red Cross of the Palm Beaches and Treasure Coast BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Chapter, and Rita Kirt, Community Volunteer Leader, updated the Board on hurricane preparedness and advised of the resources offered, the need for volunteers, and provided the website for more information at www.redcross.org/southflorida 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 it passed unanimously. RESULT: APPROVE 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 A. Board of County Commissioners minutes for the BOCC Special Informal Meeting of July 13, 2022. B. Board of County Commissioners minutes for the BOCC Special Regular Meeting of July 13, 2022. C. Board of County Commissioners minutes for the BOCC Regular Meeting of July 19, 2022. D. Board of County Commissioners minutes for the BOCC Informal Meeting of August 9, 2022. E. Board of County Commissioners minutes for the BOCC Regular Meeting of August 9, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-146 - Proclaiming the week of September 17-23, 2022, as "Constitution 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 "Constitution Committee" Regent Pat Bloomquist and Co -Chair Lurana Hillard, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Pa BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM NAYS: None EXCUSED: None B. Resolution No. 22-148 - Proclaiming September 2022 as "National Suicide Prevention 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 the Director of Development of SunCoast Mental Health, Tracy Hernandez, and Community Outreach Representative of 211 Chad Adcock, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA H motion was maae to aaopt the consent agenaa, ana n passea unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 45 - 47 Adopted by Consent Vote B. ADMINISTRATION 1. Interlocal Agreement for Small Business Consulting Services between St Lucie County Board of County Commissioners, Treasure Coast Education and Development Authority, and the District 3 1 P a g E BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Board of Trustees of Indian River State College Staff recommended Board approval of the interlocal agreement between the County, TCERDA, and the District Board of Trustees of Indian River State College and authorization for the Chair to sign documents as approved by the TCERDA Chair. Adopted by Consent Vote 2. Appointment to the Housing Finance Authority - ITEM MOVED FROM REGULAR Staff recommended that the Board ratify Commissioner Townsend's appointment of Erin O'Brien to the Housing Finance Authority. Adopted by Consent Vote Item pulled from regular agenda C. COUNTY ATTORNEY 1. Amended and Restated Interlocal Agreement for the Public Transit Municipal Services Taxing Unit (MSTU) between St. Lucie County and the City of Port St. Lucie Staff recommended that the Board approve the amended and restated interlocal agreement between St. Lucie County and the City of Port St. Lucie and authorize the Chair to sign the amended and restated interlocal as approved by the County Attorney. Adopted by Consent Vote 2. St. Lucie Health Department Fiscal Year 2022 Contract Amendment to Reverse Purchase of Vehicles in Lieu of Payment Staff recommended that the Board approve reversing the proposed purchase of vehicles in lieu of cash payment of $239,377.00 and to authorize a second amendment to the Health Department's contract, which would reverse the first amendment. Adopted by Consent Vote 3. After the Fact Revocable License Agreement - 5106 La Salle Street - Lakewood Park - Unit 12A - Brent C. Henry and Jacqueline Henry - Parcel ID 1301-615-0128-000-8 Mr. and Mrs. Henry are requesting an "After the Fact" Revocable License Agreement to keep their 6' wood fence along the south side of the property within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 36. They understand if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no 4 1 P a g e BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM objections. Staff recommended the Board approve the after -the -fact revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. and Mrs. Henry pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 314 Olive Ave - River Park - Unit 2 - Rosie Toussaint - Parcel ID 3419- 510-0283-000-8 Ms. Toussaint is requesting a Revocable License Agreement to install a 6' wood fence along the north, northeast, and northwest 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 is causing flooding, drainage problems, or for other needs in the area, the fence 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. Toussaint pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 619 Willows Ave - River Park - Unit 2 - Stephanie Kay Stark - Parcel ID 3419-510-0099-000-1 Ms. Stark is requesting a Revocable License Agreement to install a 6' vinyl fence with one gate along the north, west, and east 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 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 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. Stark pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. After the Fact Revocable License Agreement - 2911 Sherwood Lane - Sherwood Acres - Unit 1 - 5 1 P a g e BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Domingo M. Mendoza - Parcel ID 2421-701-0022-000-1 Mr. Mendoza is requesting an "After the Fact" Revocable License Agreement to keep his 6' wood fence and gate along the west side of the property within the County's 6' Utility Easement and 15' Drainage Easement, per the Plat recorded in Plat Book 14, Page 43. He understands 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 his expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the after -the -fact revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. Mendoza pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Revocable License Agreement - Florida City Gas - Range Line Road, from Discovery Way South to St. Lucie County Line. Property Acquisitions received a Right -of -Way Permit from Florida City Gas to install approximately 18,000 linear feet of 6-inch steel gas main line in the right-of-way of Range Line Road, from Discovery Way South to St. Lucie County Line. 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 8. "After the Fact" Revocable License Agreement - Florida City Gas - River Park Unit 3 Tract "E" - Right - of -Way of Banyan Drive Property Acquisitions received a Right -of -Way Permit from Florida City Gas to perform an emergency repair in the County -owned right-of-way of Banyan Drive. Florida City Gas has requested an "After the Fact" Revocable License Agreement to keep a newly relocated 4" PE Main gas line under a 36" culvert in the right-of-way of Banyan Drive. 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, 6 1 P a g e BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 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 9. County Property located at 2700 Industrial Avenue 3 - Third Addendum to Contract for Sale and Purchase - STB Runways End, LLC - Parcel ID 1429-501-0114-000-0 Staff recommended the Board approve the third addendum to the contract, 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. Treasure Coast Homeless Services Council funding agreement for the Housing Hub Operations - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN This funding will continue to address the needs of the current homeless population and help mitigate future homelessness in St. Lucie County Staff recommended Board approval of the proposed agreement, subject to approval as to legal form and correctness; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Permission to Negotiate Contract Terms for Request for Proposals (RFP) 22-066, Housing Needs Assessment and Implementation Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval to: • Conduct contract negotiations with Thomas P. Miller and Associates; and • If negotiations are successful, award a contract to Thomas P. Miller and Associates and; • Authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Permission to Enter Into an Interlocal Agreement with the City of Fort Pierce to Administer the City of Fort Pierce Utility Assistance Program Staff recommended Board approval of the interlocal agreement between the City of Fort Pierce and St. Lucie County for the administration of the Fort Pierce Utility Assistance Program; and authorization for the Chair to sign documents; subject to legal form and correctness by the County 7 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Attorney. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. Request for Proposal (RFP) No. 22-030, Temporary Personnel Services - Clerical Staff recommended Board approval of the Committee's recommendation and permission to: • Conduct contract negotiations with Manpower as the primary and Sunshine Enterprise USA, LLC as the secondary; • If negotiations are successful, award contracts to the successful firms and authorization for the Chair to sign the documents as prepared by the County Attorney; Adopted by Consent Vote F. PARKS & RECREATION 1. St. Lucie County Farm Bureau- Fairgrounds Rental Fee Waiver of $802.50 Staff recommended approving the St. Lucie County Farm Bureau's request for a waiver of fees for Adams Arena in the amount of $802.50. Adopted by Consent Vote G. PUBLIC SAFETY 1. Civil Air Patrol -Emergency Operation Center (EOC) / Public Safety Department Facility Use Fee Waiver Staff recommended Board authorization to waive the facility use fees for the Civil Air Patrol's use of the EOC. Adopted by Consent Vote 2. Radiological Emergency Preparedness Agreement with Florida Power & Light Staff recommended Board approval of the Radiological Emergency Preparedness Agreement between St. Lucie County and Florida Power & Light for 2022-2024 contract and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC UTILITIES 1. Board Approval of Bid #22-068 for Oak Drive Water Main Project 8 1 P a g e BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Staff recommended the Board award BID No .#22-068 to Meeks Plumbing, Inc. and authorize the Chair to sign any related documents as reviewed and approved by the County Attorney. Adopted by Consent Vote 2. North County Sub -Regional Water Reclaimation Facility (WRF) (aka Holiday Pines) Expansion Staff recommended Board approval and authorization for the Chair to execute Masteller & Moler, Inc. Work Authorization #23 for professional engineering services as outlined in the attached scope for the Holiday Pines Wastewater Facility Expansion from 0.30 MGD to 0.60 MGD in the amount of $238,550.00. Adopted by Consent Vote 3. Approval of Engineering Services Proposals for Six (6) Utility Line Extension Projects Funded by the American Rescue Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended that the Board: • Approve the Selection Committee ranking of the proposers for the 6 utility line projects; and • Approve the 6 scope/fee proposals set out above and authorize the Chair to sign contracts with the 6 proposers in form as finally approved by the County Attorney. Adopted by Consent Vote I. PUBLIC WORKS 1. Picos Road Emergency Culvert Replacement - Acceptance of Project Staff recommended Board acceptance of the Picos Road Emergency Culvert Replacement Project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote Gordy Road over 10-Mile Creek Bridge Replacement - Acceptance of Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board acceptance of the Gordy Road over 10-Mile Creek Bridge Replacement Project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 3. Approval of Work Authorizations for Inwood Consulting Engineers for the Project Design of Bridge Repairs Over the SFWMD C-25 Canal at Keen Road, N. 53rd Street, and Taylor Dairy Road Staff recommended Board approval of Work Authorization No. 1 in the amount of $53,765.50 for 9 1 P a g E BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM the Keen Road Bridge over SFWMD C-25, Work Authorization No. 2 in the amount of $54,302.06 for the N. 53rd Street Bridge over SFWMD C-25, and Work Authorization No. 3 in the amount of $50,517.90 for the Taylor Dairy Road Bridge over SFWMD C-25 projects and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 4. Approval of Work Authorization #14 to Contract C17-10-879 for Kimley-Horn and Associates, Inc. for the Design of the Walton Road Sidewalk Improvements from Lennard Road to Green River Parkway Project. Staff recommended the Board approve the request to increase the FY22 Capital Improvement Plan for the Walton Road Sidewalk Improvements Project, approve Work Authorization #14 to Contract #C17-10-879 for Kimley-Horn and Associates, Inc. in the amount of $199,167.00, and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 5. Approve Request for Work Authorization Amendment from Culpepper & Terpening, Inc. for the Oleander Avenue Sidewalk from Midway Road to South Market Avenue Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended the Board approve the request to increase the FY22 Capital Improvement Plan for the Oleander Avenue Sidewalk from Midway Road to South Market Avenue project, approve the Work Authorization Amendment by Culpepper & Terpening, Inc. in the amount of $75,060.00, and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote Approve the 2nd Amendment to Work Authorization #2 for JMT for the Eleven Mile Road Bridge over Ten Mile Creek (Bridge 940038) Repairs. Staff recommended the Board approve the 2nd Amendment to Work Authorization #2 for JMT in the amount of $57,780.00 for the Eleven Mile Road Bridge over Ten Mile Creek (Bridge 940038) Repairs and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 7. Treasure Coast Vault - Fee -in -Lieu of Sidewalk Staff recommended Board approval of the fee -in -lieu of construction agreement with Treasure Coast Vault LLC, accept funds in the amount of $19,050.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10 1 P a g BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 9. PUBLIC HEARINGS A. ADMINISTRATION 1. Second 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 Joseph Sabater, Impact Fee Program Manager, 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 Fire/EMS services for all County residents, including residents of the Cities. Developments within the cities impact the Fire/EMS capital needs of the fire district. 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. 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. 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. The impact fee rate adopted in 2017 for a single-family home was $617. With the previous annual CPI increases, the current rate is $667, and the new rate based on the study is proposed to be $650.00, a deduction of 2.6%. 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. Staff recommended the Board approve the Update of the St.Lucie County Fire and Rescue Impact Fee (2022 Study) and adopt the Amendment to Article III of Chapter 24 of the County Ordinance adopting the proposed Fire/EMS Impact Fee Schedule. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM Townsend NAYS: None EXCUSED: None B. COUNTY ATTORNEY 1. Resolution No. 2022-120 - Solid Waste Final Assessment Resolution Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The Board has the authority to impose annual assessments for solid waste garbage and recycling collection, disposal, and administrative services, facilities, or programs against specific property within St. Lucie County. The Board initially levied recurring annual assessments on residential properties within the County Solid Waste Urban Service Area to include solid waste fees on property tax bills beginning in 2004. This collection method is in lieu of the garbage hauler, billing property owners directly for garbage and recycling services permitted by state statute. On July 5, 2022, the Board adopted Resolution No. 22-067, a preliminary assessment resolution that initiated the process required to impose solid waste assessments for the fiscal year commencing October 1, 2022. The Preliminary Assessment Resolution scheduled a public hearing to consider adopting a final resolution approving the solid waste assessment roll for the Fiscal Year 2022-2023 and directed the mailing and publication of notice for affected property owners. The Solid Waste Final Assessment Resolution concludes the process required to impose solid waste assessments for the fiscal year 2022-2023 at $279.96 per dwelling unit. It directs the delivery of this roll to the Tax Collector for collection of the 2022 property tax bill assessments. The proposed rate is $3.82 more than the previous year, and if voted upon, the Board may reduce a lower assessment rate per dwelling unit. Staff recommended that the Board adopt the Solid Waste Final Assessment Resolution and authorize the Chair to sign the resolution. 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. Chair Mitchell mentioned that the proposed assessment rate would be in the unincorporated area with trash pick up twice a week and recycling for the $3.82 increase. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz 12 1 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Exchange Agreement between Willow Lakes, LLC, and St. Lucie County - 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 Lee Dobbins. Commissioner Linda Bartz - Spoke with staff and Lee Dobbins. Commissioner Chris Dzadovsky - Spoke with staff and Lee Dobbins. Commissioner Cathy Townsend - Spoke with staff and Lee Dobbins. Chair Sean Mitchell - Spoke with staff and Lee Dobbins. JoAnn Riley, Property Acquisition Manager, presented this item to the Board. The County received a proposed Exchange Agreement from Willow Lakes, LLC representative Lee Dobbins, Esq. Willow Lakes, LLC proposes to exchange approximately 2.09 acres of right-of-way along Midway Road owned by Willow Lakes, LLC for approximately 3.31 acres of Gordy Road right-of-way owned by St. Lucie County. The County obtained the Gordy Road right-of-way from the Florida Department of Transportation on July 24, 1984. On August 23, 2022, staff received an email from Lee Dobbins, Esq. on behalf of his client, Willow Lakes, LLC requesting a continuance of the public hearing. Staff recommended that the Board accept the request from Mr. Dobbins on behalf of Willow Lakes, LLC to continue the public hearing to November 1, 2022, at 6:00 PM or as soon thereafter as the item 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. Commissioner Hutchinson and Commissioner Dzadovsky expressed concerns regarding the cost associated with appraisals due to the continuances. Ms. Riley advised staff has been covering the cost of appraisals and will speak with the applicant regarding reimbursement arrangements. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: CONTINUE 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 13 1 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 3. Public Hearing - Ordinance Amending Chapter 10 (Buildings and Building Regulations of the St. Lucie County Code of Ordnances and Compiled Laws by amending Section 10-22 (Examining Boards) to Revise the Requirements for Appointments to the Board Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The State of Florida regulates construction and home improvement industries by providing certification or registration of competent, qualified contractors under Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing certification through certificates of competency issues to competent, qualified contractors under Florida law. Staff advised difficulties in consistently fulfilling the licensed Architect and licensed engineer position on the St. Lucie County Contractor's Licensing Board. The licensed architect position has been unfilled for over ten (10) years, and the licensed Engineer position is also empty and unable to be filled. Staff has contacted different organizations, including the local chapter of the American Institute of Architects, with no success and solicited many recommendations with no availability. Staff is requesting to change the requirement from a licensed architect and a licensed engineer to an individual with a Bachelor's Degree in the field of Architecture or an individual with a Bachelor's Degree in Engineering. The proposed amendments to Chapter 10 of the Code of Ordinances for St. Lucie County are consistent with the general purpose, goals, objectives, and standards of St. Lucie County. They are in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. Staff recommends that the Board approve Ordinance No. 22-026 as drafted. 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. H IIIULIUII VVdJ IIIdUC LU CIPPI UV -JLCIII I ULU I III I ICI I UCIL I U I I J, CI I IL Pd.-JJCU U I I d I I I I I I UU.-J I Y. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy AYES: Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1.343 Trowbridge Road Rezone - Petition for an Amendment to the Official Zoning Map for 1.04 acres from the AG-1 (Agricultural - 1) Zoning District to the IL (Industrial, Light) Zoning District - THIS ITEM IS QUASI-JUDICIAL 141Page BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff and received emails from residents. Commissioner Linda Bartz - Spoke with staff and received emails from residents. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff, Tod Mowery, and applicants. Chair Sean Mitchell - Spoke with staff and Tod Mowery. Kristopher McCrain, Planning & Development Services Associate Planner, and Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. The 25.13-acre project site is situated on the south side of Indrio Road, the east side of Kings Highway in Fort Pierce. The underlying mixed land use is identified as the West Orange Mixed -Use Activity Area. It requires that all uses be restricted to uses that would be allowed within the Industrial, Commercial, Transportation/Utilities, or Public/Facilities Future Land Use designations. The subject parcel and the properties to the south are zoned Agricultural —1. The petition seeks to rezone the subject parcel from Agricultural —1 to Industrial, Light to provide compatible zoning for heavy equipment storage. Under public notice requirements of the St. Lucie County, Land Development Code advertised public notice in the St. Lucie County News Tribune on August 25, 2022. Notices were mailed to 10 surrounding property owners within a 500-foot radius of the subject property and received a letter of objection, dated August 14, 222, and signed by two adjacent property owners. A sign was also posted on the property. The petition conforms to the Standards of Review outlined in St. Lucie County Land Development Code Section 11.06.03. It is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve Resolution 2022-150, granting the Rezone Petition from AG-1 (Agricultural-1) to the IL (Industrial, Light) Zoning District, 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. • Todd Mowery (Agent) With no one else wishing to address the Board, Chair Mitchell closed the public hearing. There were discussions regarding coding violations, fines and costs to County taxpayers, compliance, and rezoning of the northern and southern parcels. Mr. McCrain advised that the applicant requests to rezone the property to allow for the correct zoning designation for the on -site trailer for security quarters. Staff will request the applicant to either provide a unity of title to combine the two parcels or provide a recorded access easement to access the southern parcel. Public Works and Staff would not be approving an additional driveway to the site due to the proximity of the intersection and the proximity to the existing driveway. The necessary improvements would be parking on the southern parcel storing vehicles. The code requires the storage of fueled vehicles to be stored on a paved surface, and any stormwater with the paved surface would 151Page BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM require to be handled through a site development permit for that separate parcel. Commissioner Hutchinson questioned the requirements on the unity of the title process. Ms. Santamaria advised the rezoning request before the Board can not have any added conditions. However, through the code violation, the property owner must still complete the site development permit and zoning compliance which an added condition can be included in that process. Commissioner Cathy Townsend spoke with County Attorney Dan McIntyre and recused herself from the item due to owning property on Trowbridge. Commissioner Dzadovsky motioned to approve the recommendation based on the information provided and the suggestions regarding the ability for the code violations to be cured with the stipulations regarding the cost to the County. Commissioner Dzadovsky clarified and advised that he is referencing the coding issue, not the rezoning issue, and in recognition of the extension as discussed. a. motion was made to approve statt recommendation, and it passed (4 RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: None RECUSED: Cathy Townsend 2. County Initiated Land Development Code Text Amendment Eliminating Provisions for Class A Mobile Homes Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. A County initiated Text Amendment to delete the Class A Mobile Home Permit process and eliminate the different review procedures included in the Land Development Code for single-family detached dwelling units and mobile homes/manufactured homes. As required, this item was publicly noticed on August 25, 2022. The importance is to keep the County's Land Development Code consistent with the Florida Statute provisions, which stipulate: • That local requirements and regulations for manufactured homes be reasonable, uniformly applied, and enforced without distinctions as to whether such housing is manufactured, located in a mobile home park or a mobile home subdivision, or built in a conventional manner, as is required by Sections 320.8285(6), and 553.38, Florida Statutes. And the code reflects the recent change to Section 163.3202, Florida Statutes, which prohibits the aDDlication of land development regulations relatine to buildine desien elements on single-familv or two-family dwellings, including the external building color, the type or style of exterior cladding material, the style or material of roof structures or porches, the exterior nonstructural architectural ornamentation, the location or architectural styling of windows or doors, the location or orientation of the garage, the number and type of rooms, and the interior layout of rooms. 16 1 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM In 2021, the Florida Legislature amended Section 163.3202, F.S., to prohibit the application of land development regulations relating to building design elements on single-family or two-family dwellings. The new statute section, effective on July 1, 2021, limits the County's ability to regulate the roof pitch, roofing materials, and exterior finish of a single-family dwelling unit, except for in limited circumstances, such as for designated historic structures or within the Community Redevelopment Area or for a dwelling located in a Planned Unit Development. The statutory change states a local government can no longer regulate building design elements of a single-family dwelling unit. Then arguably, the local government can no longer regulate those same building design elements of a mobile home, mainly when using those elements to define a mobile home as a single-family detached dwelling. To continue to do so would amount to a statutorily prohibited disparate treatment of mobile homes based solely on the home type manufactured vs. conventionally built homes. The amendment deletes the term 'Class A Mobile Home' and incorporates the terms 'mobile home' and 'manufactured home' into the definition of a detached single-family dwelling. The Florida Attorney General has issued several opinions stating that land use and zoning requirements must not discriminate against manufactured housing. Local governments cannot exclude manufactured housing from a zoning classification that allows conventionally constructed housing. The proposed Ordinance's amendments will provide consistency with Florida Statutes and establish the exact requirements for conventionally built homes and manufactured/mobile homes, as is required by Sections 320.8285(6), 553.38, and 163.3202, Florida Statutes. Staff finds this petition to meet the standards of review outlined in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board review the proposed text amendment to the land development code, as presented in proposed Ordinance 2022-27, and schedule the item for the second reading (public hearing) on September 20, 2022. Ms. Santamaria advised the Board staff has contacted Martin County, Indian River County, City of Fort Pierce, and City of Port St. Lucie regarding the statutory changes and has not received any response for the City of Port St. Lucie. Still, all other jurisdictions are reviewing their codes to update the changes. Additionally, the Federal Department of Housing and Urban Development (HUD) proposes updating its manufactured home standards. They are updating the construction and safety standards and installation standards by the end of the year to make the manufactured home standards more consistent with the Florida building code. There was discussion regarding certification standards for constructing a mobile home, changes within the Florida building code language, and the priority of changing the Land Development Code. Planning and Development Services, work with Legislative Affairs to obtain more information regarding the Florida Statutes changes and zoning issues. The item will return to the Board for further discussion on moving forward. 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. 17 1 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 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 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Housing Finance Authority - ITEM MOVED TO CONSENT f:W419111111►11WE-A1(00L1IW7 1. Resolution 22-156 - Renewing the Economic Development Ad Valorem Tax Exemption for an Additional 10 Years Daniel McIntyre, County Attorney, presented this item to the Board. On August 23, 2022, County voters approved the economic development ad valorem tax exemption proposition by a vote of 27,023 FOR and 23,233 AGAINST. As a result, the County's economic development ad valorem tax exemption program was extended an additional ten (10) years. Resolution No. 22-156 acknowledges the results of the August 23, 2022 election and renews the exemption for an additional 10-year period beginning August 23, 2022. Staff recommended that the Board adopt Resolution No. 22-156 and authorize the Chair to sign the resolution. Chair Mitchell mentioned the ad valorem tax exemption was approved for the County, and the residents will continue to pay into the school district and fire district. H motion was mace to approve start recommencations, anc it passes unanimously. 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 C. PARKS & RECREATION Im BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 1. Clover Park Stadium Main Field Renovation - $2,579,995.00 - ITEM PULLED PRIOR TO METTING D. PLANNING & DEVELOPMENT SERVICES 1. All Inn Storage is Requesting a Major Site Plan Approval to Develop a 109,201 sq. ft. Automobile Storage Complex Consisting of Three (3) Enclosed Buildings, an Office, and a Wash Area - THIS ITEM IS QUASI-JUDICIAL The 6.53-acre subject site is located at the northeast corner of US Highway 1 and Sunshine Blvd. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Tahir Curry, Planning & Development Services Planner I, presented this item to the Board. Engineering, Design, & Construction., Inc. submitted a Major Site Plan application on behalf of All Inn Storage, LLC. to construct three (3) buildings offering RV/boat and automotive storage. Building A will include a 4,157 sq. ft. office and 52 enclosed bays totaling 38,823 sq. ft. Building B will consist of 54 enclosed bays totaling 40,425 sq. ft., and Building C will consist of 31 enclosed bays totaling 23,486 sq. ft totaling 137 storage spaces. The plan includes an on -site wash area for RVs, boats, and automobiles, stormwater retention, and landscaping. All Inn Storage sites will include eight (8) typical vehicular parking spaces and one (1) ADA parking stall. The site will also include a 2,310 sq. ft. vehicle wash area, on -site stormwater retention, open space, and landscaping. The site would have one (1) access on US Highway 1. The project is Commercial General with Commercial Future Land Use designation and within the Urban Service Boundary. Staff recommended the Board approve the major site plan subject to the conditions in Resolution 2022-147, authorizing the Chair to sign documents approved by the County Attorney. a. motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 19 1 BOCC Regular Meeting Tuesday, September 6, 2022 6:00 PM 11. ANNOUNCEMENTS A. 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. B. 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. C. 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. D. 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. 2022 U.S. Nationals Firefighter Challenge Championship on September 22-24 at the Moore's Creek Boat Ramp / Backus Gallery & Manatee Center Parking Lot, 480 North Indian River Drive, Fort Pierce. F. Fall Festival and Plant Sale on Saturday, October 15, from 8 AM to 4 PM at the St. Lucie County Extension Office, located at 8400 Picos Road, Fort Pierce, FL. A special VIP access will be held for our community members who may need some extra time in the plant nursery to shop will be offered on Friday, October 14, from 10 AM to 12 PM. Master Gardener Volunteers will assist those who use a scooter, wheelchair, walker, or just need a little extra help getting around. G. 7th Annual Indian River Lagoon Science Festival on Saturday, October 22, from 10 AM to 3 PM at Veteran's Memorial Park, 600 N Indian River Drive, Fort Pierce. This FREE, all -ages day of discovery promises to be a blast for the whole family with dozens of minds -on, hands-on activities exploring the wonders of science, technology, engineering, art, and math (STEAM). The Indian River Lagoon Science Festival aims to show not only the importance of science but also to highlight how fun it can be. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 7:23 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. 201Page FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Townsend, Cathy St. Lucie County Board of County Commissioners MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2300 Virginia Avenue WHICH I SERVE IS UNIT OF: ❑ CITY COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Fort Pierce St. Lucie DATE ON WHICH VOTE OCCURRED MY POSITION IS: ❑ APPOINTIVE September 6, 2022 1e ELECTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Cathy Townsend , hereby disclose that on September 6 20 22 (a) A measure came or will come before my agency which (check one or more) V inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I own property within 500 feet of this particular parcel. Board of County Commissioners Item 9.C.1. - 343 Trowbridge Road Rezone - Petition for an Amendment to the Official Zoning Map for 1.04 acres from the AG-1 (Agricultural -1) Zoning District to the IL (Industrial, Light) Zoning District. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 9 ( aI22 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE WO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.