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HomeMy WebLinkAboutMinutes 10.04.202291rc LUCE L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 4, 2022 Convened: 6:00 PM Adjourned: 8:06 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 Kori Benton, Planning & Development Services Planning Manager Mayte Santamaria, Planning & Development Services Director Tahir Curry, Planning & Development Services Planner I George Laundry, Solid Waste Division Director Rebecca Olson, Assistant Director of Public Utilities Kelly Lang, the Executive Aide to the County Administrator Aimee Copper, Environmental Planner Daniel Zrallack, Public Works County Engineer Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed public comment. BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM 5. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Informal Meeting of September 13, 2022. B. Board of County Commissioners minutes for the BOCC Regular Meeting of September 20, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-161- Recognizing the St. Lucie County 4H Youth Program for their Achievements at the State of Florida 4H Horse Competition The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to the "St. Lucie County 4H Club", Hailey Hopkins, Sophia Rodriguez, Adrianna Spotts, Victoria Zyskowski, Katelyn Burton, and Agent Tanya Binafif, 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 NAYS: None EXCUSED: None B. Resolution No. 22-175 - Proclaiming the month of October 2022 as "National Domestic Violence 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 "SafeSpace Inc." Chief Executive Officer Dr. Teresa Albizu thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None Pa BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM I EXCUSED: None I 7. PRESENTATIONS A. Master Gardener Volunteer Extension Update Kate Rotindo, OF/IFAS Extension St. Lucie County Urban Horticulture Agent, and Danielle Shalginewicz, OF/IFAS Extension Master Gardner Volunteer Program Specialist, presented the Board with an update. The mission is to foster partnerships within the community to provide research - based information that can help lead to solutions for residents, families, businesses, and community members. The mission is delivered to the community through various educational program areas and fields of expertise from faculty and staff. The research -based information is provided through various methods, individual consultations, presentations, workshops, demonstrations, factsheets, social media, etc. So far in 2022, the St. Lucie County Master Gardner Volunteer Program has: • Nearly 100 active Master Gardener Volunteers • Reported volunteer hours = 7000 • Est. economic value = +$200,000 • Reported cont. education = 800 hours • Morningside Library plant clinic = nearly 500 contacts annually • Funds from plant sales = service to schools in the form of scholarships The program has dedicated Master Gardener Volunteers who propagate plants and run an entire plant nursery at the extension grounds on Picos Road in Fort Pierce. The funds raised from plant sales are used to supply scholarships to local students. The Extension Master Gardner program is hosting an AG -Extension Fall Festival on October 15, 2022, from 8 am until 4 pm at the St. Lucie Campus at 8400 Picos Road in Fort Pierce. The festival will also include twenty (20) local craft vendors, three (3) food trucks, activities for kids, and thirteen (13) demonstrations led by OF/IFAS Extension agents and other local Science Institute partners. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 50 - 51 Adopted by Consent Vote BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM B. ADMINISTRATION 1. 2022/2023 Treasure Coast Sports Commission Grant Agreements Staff recommended approval of the 2022 / 2023 Grant Agreements for the Treasure Coast Sports Commission for a total amount of $235,000.00 and authorization of the Chair to sign the contracts as drafted by the County Attorney. Adopted by Consent Vote 2. Appointment of Commissioner Arnold Gaines to the Homeless Advisory Committee Staff recommended that the Board ratify the appointment of Commissioner Arnold Gaines to the Homeless Advisory Committee. Adopted by Consent Vote 3. Department of Health FY23 Core Contract Staff recommended the Board approve the contract with the Florida Department of Health and authorize the Chair to sign the contract. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Permission to Advertise - an Ordinance Amending the St. Lucie County Land Development Code By Amending Section 7.10.30 Reasonable Accommodation Appeals Staff requested permission to advertise a proposed ordinance for public hearing before the Local Planning and Zoning Commission on September 15, 2022, and two (2) public hearings before the Board of County Commissioners. Adopted by Consent Vote 2. Revocable License Agreement - Florida City Gas - Range Line Road, from Discovery Way North to Glades Cut Off Road and Glades Cut Off Road from Range Line Road to Commerce Centre Drive Property Acquisitions received a Right -of -Way Permit from Florida City Gas to install approximately 35,700 linear feet of 6-inch steel gas main line and 4,100 linear feet of P.E. gas main line in the right-of- way of Range Line Road, from Discovery Way North to Glades Cut Off Road and Glades Cut Off Road from Range Line Road to Commerce Centre 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, authorize 4 1 P a g e BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM 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 3. Revocable License Agreement - 141 NE Naranja Ave - River Park - Unit 4 - Kelly Kirk and Jean Mazako - Parcel ID 3419-530-0196-000-3 Ms. Kirk and Ms. Mazako are requesting a Revocable License Agreement to install a 4' chain -link fence with gate along the north side of the property, within the County's 10' Drainage/Utility Easement and a 4' chain -link fence that transitions into a 6' PVC fence with gates along the east and west sides of the property, within the County's 6' Drainage/Utility Easement, per the Declaration of Restrictive Covenants recorded in Official Records Book 64, Page 235. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Ms. Kirk and Ms. Mazako pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 258 NE Summer Road - River Park - Unit 9 - Part C - Yarania Marrero Pupo and Adaivert Ruiz Valdivia - Parcel ID 3419-570-0062-000-9 Ms. Marrero and Mr. Ruiz are requesting a Revocable License Agreement to install a 6' wood fence along the west side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence with gates along the north and south sides of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 15, Page 28. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, 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. Marrero and Mr. Ruiz pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Airport West Commerce Park Phase 1 - Florida Power & Light - Easement - Parcel ID 1325-600-0002- 000-7 5 1 P a g E BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM Staff recommended the Board authorize the Chair to sign the Florida Power & Light Easement and direct staff to record the easement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Resolution - White City Park - Perpetual Utility Easement - 2200 River Branch Drive - Andrew and Leslie Sparks - Parcel ID 3404-809-0022-000-2 Staff recommended the Board accept the Perpetual Utility Easement from Andrew and Leslie Sparks, authorize the Chair to sign the Resolution, and authorize staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote D. ENVIRONMENTAL RESOURCES 1. Third Amendment to Quest Ecology Contract for Habitat Conservation Planning Staff recommended the Board approve the third amendment to the contract for Quest Ecology, Inc. The amendment will allow for incorporation of recently awarded Florida Fish and Wildlife Conservation Commission Planning Grant requirements. Adopted by Consent Vote 2. Blueway Advisory Committee Resolution Update Staff recommended Board approval of the Resolution, updating the Blueway Advisory Committee, in order to provide efficiency and consistency pursuant to current Florida Statutes, as well as authorize the Chair to sign the Resolution as approved by the County Attorney. Adopted by Consent Vote *RES-2022-229 has been assigned post -approval. E. PARKS & RECREATION 1. Peter W. Busch Family Foundation 2023 Concert & Rodeo Fee Waiver $1,800.00 Staff recommended Board authorization to waive the $1800.00 for the rental fees of Adams Arena for the 2023 Peter W. Busch Family Foundation Rodeo & Concert Event to be held at the St. Lucie County Fairgrounds on April 22, 2023, as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote F. PUBLIC SAFETY 1. Emergency Management Performance Grant (EMPG) Acceptance A BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM Staff recommended Board acceptance of the Emergency Management Performance Grant (EMPG) Agreement, in the amount of $101,247.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote .C11111l1L.1 1. Melville Road Neighborhood Stormwater Improvements Phase I - Pond Construction - Acceptance of Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Item was pulled from the Consent Agenda for a separate vote. Howard Tipton, the County Administrator, presented this item to the Board. Melville Road Phase I is a 14-acre stormwater pond that will dramatically improve the drainage in this portion of White City. The pond site is bounded by the North St. Lucie River Water Control District Canal 19 to the north and Melville Road to the west. It is north of Russ Road and west of US-1. The neighborhood was built before drainage was required, and after heavy rain events, local streets and yards have had standing water for days or longer. The roads within this area are milled, chip -sealed or paved and have limited drainage conveyances and no detention ponds for water quality treatment or flood attenuation. The water quality of the runoff from this area is poor. It contains debris, sediment, and contaminants such as oil, grease, nutrients, and pesticides deposited into the receiving water bodies. A new stormwater facility has been designed and permitted. The project has been designed to collect the runoff from the neighborhood, hold it for some time and cleanse the water of pollutants and excess nutrients before releasing the water back into the canal system and eventually into the Indian River Lagoon. The $2.3 million project was partly funded with a $1 million grant from the Florida Department of Environmental Protection, with proceeds from the half - cent infrastructure sales tax passed in 2018 by the voters of St. Lucie County making up the local match. This project phase is officially complete and was built on time and under budget. It is also acknowledged that Melville Road Phase I-B is also underway. This will help move more water from the neighborhood into a larger holding pond, Phase II, and further improve neighborhood drainage. Staff recommended Board acceptance of Melville Road Neighborhood Stormwater Improvements Phase I Pond Construction and final authorization of the Chair to sign documents as approved by the County Attorney. 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 Townsend NAYS: None EXCUSED: None 7 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM 2. Prima Vista Boulevard Traffic Communications Conduit & Fiber Adopt Resolution No. 2022-173 and Approve FDOT Local Agency Program (LAP) Agreement - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended that the Board adopt Resolution No. 2022-173 and authorize the Chair to sign the FDOT Local Agency Program Agreement, FPN: 448134-1-58-01, as approved by the County Attorney. Adopted by Consent Vote 3.O'Reilly Auto Parts Store — Bond Release Staff recommended Board approval of the final acceptance of the constructed improvements and release of the surety bond in the amount of $74,275.31. Adopted by Consent Vote 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES South Orchid Island's request to amend the Official Zoning Atlas from the C.N. (Commercial Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the 3.53-acre site located at 5140 N. Highway A1A, Fort Pierce, FL 34949 - 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 representative. Commissioner Linda Bartz - Spoke with staff only. Commissioner Chris Dzadovsky - Spoke with staff, applicant, and representative. Commissioner Cathy Townsend - Spoke with staff, applicant, and representative. Chair Sean Mitchell - Spoke with staff, applicant, and representative. Kori Benton, Planning & Development Services Planning Manager, and Aimee Copper, Environmental Resources Regulations Manager, presented this item to the Board. Following the public notice requirements of the St. Lucie County Land Development Code, the notice for the hearing was published in the local newspaper, mailed notices were provided to over 200 residents within 500 feet of the subject site, and a sign was placed on the premises. Due to hurricane Ian, the sign was removed from the property for two days and reposted before the public hearing. The rezoning petition is consistent with the surrounding properties zoned Hutchinson Island Residential District (HIRD). The site is part of the former "PV Martin's" restaurant campus, which incurred damage during the 2004 hurricane events. The site contains much of the previous asphalt parking lot and is provided access from N. Highway A1A via a designated northbound right -in lane and an adjacent pedestrian crosswalk. The future land use designation of the subject property is Residential High to accommodate high -density development, not to exceed 15 dwelling units per gross acre. The subject property is located within the North Hutchinson Island — Zone B Height Zone overlay with the maximum height not exceeding thirty-five (35) feet above the regulatory flood elevation. The petitioner 8 1 P a g e BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM proposes alternative use of the property within the HIRD (Hutchinson Island Residential District) Zoning District. The proposed rezoning is not anticipated to result in adverse environmental impacts, as no development activities are currently proposed. When site development activities are proposed, ERD will conduct further reviews through the site plan or building permit review process. The proposed rezoning is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. The Planning & Zoning Commission held a Public Hearing on September 15, 2022, and voted 8-1 to forward a recommendation of approval to the Board. Staff noted that the Hutchinson Island Residential District (HIRD) allows for single-family home development for multifamily development proposals. The multifamily development proposal contains three or more units within one structure that may be proposed as two stories or greater, subject to the County's adopted building spacing formula. That has bearable requirements to consider spatial relationships, the mass or height of the building with regards to setbacks from other buildings and adjacent property lines to ensure viewing corridors, adequate air movement, and added dimensional criteria for residential development. If a multifamily development is proposed on the properties subject to the rezoning request. Staff recommended the Board approve Resolution 2022-172 to rezone the subject parcel from the C.N. (Commercial, Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential Island District) Zoning District. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Dennis Murphy • Philicia Valdez • Christina Fisher • Gary Coffin • Valentina Blegen With no one else wishing to address the Board, Chair Mitchell closed the public hearing. Staff advised hearing is specific to the Hutchinson Island Residential District (HIRD) rezoning. Subsequent applications for the property development would be evaluated by staff depending upon the scope and scale of the petition. The subsequent application is eligible for Administrative Approval, whether through a building permit, land development permit, or a minor site plan. That would be considered at the administrative staff level. If the scale and nature require a major site plan, it would be back before the Board to ensure compliance with the land development code and establish policy in the comprehensive plan. Upon discussion with the Board, it was recommended to staff that any proposed subsequent application not receive administrative approval but come back before the Board to approve or deny any site plan on the island's barrier. 01 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM Daniel McIntyre, County Attorney, commented and advised before staff is to process any subsequent applications for administrative approval to schedule items for board discussion at a regular or informal meeting. The Board is to give staff time for an informal discussion about a future policy change. A motion was made to approve the staff recommendation to change the site plan from Commercial to Residential only. Any subsequent applications will need to come back before the Board for discussion diiu/ui dNpiuvdi, diiu IL Pd»eu undiiiiiivu.'Jiy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. A County Initiated 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 Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. Following the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune on Thursday, September 22, 2022. The land development code text amendment is to create an administrative variance to streamline the regulatory process for a limited setback variance. It will increase the staff's ability to provide administrative approvals for single- family homeowners to address variance requests of up to 35% of the minimum front, rear, and side yard setbacks within the Agricultural and Residential zoning districts. This will only be for setback variances; it will not include height, frontage, lot coverage, or anything else. The proposed criteria an applicant would need to meet under the provision include the following: • The applicant shall demonstrate a showing of good and sufficient cause for the requested variance. • The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. • The minimum variance granted will make possible the reasonable use of the land, building, or structures. • The variance requested will not result in any encroachment into environmentally sensitive resources or areas defined by this code. • The variance requested will not result in any encroachment into any access/utility easement or other common area. • The variance requested does not result in an encroachment of any more than thirty-five percent 10 1 P a g BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM (35%) into the required front, rear, or side yard setback area. An administrative variance request would be reviewed based on its merits for compliance with the proposed criteria. The new Administrative Variance is anticipated to address most of the received variance requests. The proposal includes changing the composition of the Board of Adjustment to be a Special Magistrate, who shall be designated by the Board rather than an appointed board which may meet infrequently based on the proposed amendment. The Special Magistrate would be appointed by the Board of County Commissioners and serve at their pleasure. The individual must be a retired Florida judge or be a member in good standing of the Florida Bar for a minimum of five (5) years. The special magistrate would have all powers necessary to conduct any hearings or appeals assigned to the special magistrate by the Board of County Commissioners. Staff recommended the Board review the proposed text amendment to the Land Development Code, as presented in the proposed Ordinance 2022-29, and schedule the item for the second reading (public hearing) on October 18, 2022. 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 questioned why someone that resides in St. Lucie County is not a part of the requirement for a Special Magistrate. Staff advised the requirement can be added to the code. The RFQ for the Special Magistrate requirements includes that the individual must reside in Florida. They must be a retired Florida judge or attorney in good standing. They must have the necessary experience in Land Use Law, Local Government Law, ADA Law, Real Estate Law, and Administrative Law. Including a St. Lucie County or Treasure Coast resident can also be an added stipulation for the Special Magistrate requirement. As an added stipulation, a motion was made to approve staff recommendations, including the Special iviagistrate requirement Tor a resiaent oT Lucie uouniy or ine i reasure roast, ana it passea unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Baron -Midway & US-1 Storage Facility - Request for a Conditional Use Permit associated with a Major Site Plan to develop a 104,771 sq. ft. self -storage facility, which includes a 54,555 sq. ft. three-story self - storage building with an office, four (4) single -story self -storage buildings totaling 50,216 square feet and (10) R.V. and boat parking spaces within the C.G. (Commercial, General) Zoning District - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 10.8.1. 111 Page BOCC Regular Meeting Tuesday, October 4, 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 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. Following the public notice requirements of the St. Lucie County Land Development Code, an ad was placed in the local newspaper on September 22, 2022, and a sign was placed on the property. The 4.40-acre parcel is located north of Midway Road and east of U.S. Highway 1. The property is zoned Commercial, General, and has a Future Land Use of Commercial and household goods warehousing and storage -mini -warehouses are listed as Conditional Use within the Commercial, General Zoning District. The applicant, Jeremiah B. Baron of 4850 Storage FP LLC, is requesting a Major Site Plan and Conditional Use Permit to develop a 104,771 sq. ft. self - storage facility encompassing a 54,555 sq. ft. three (3) story self -storage building with office, four (4) single - story self -storage buildings totaling 50,216 square feet along with ten (10) R.V. and boat exterior storage stalls, associated parking, drainage, utility infrastructure, and landscaping. The Baron -Midway & US-1 Storage Facility will be served by nine (9) vehicular parking spaces and one (1) ADA parking stall. The proposed three- story building is approximately 41.00-feet in height, within the 60-foot maximum height allowed. The building designs meet the Community Architectural Standards in Land Development Code. The Planning & Zoning Commission held a public hearing on September 15, 2022, unanimously passing a motion to forward a recommendation of approval to the Board for the Conditional Use Permit. The Conditional Use Permit and Major Site Plan conform to the Standards of Review as outlined in St. Lucie County Land Development Code Sections 11.02.07 (Major Site Plan) and 11.07.03 (Conditional Use Permit) and are consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board approve the Conditional Use Permit and Major Site Plan, subject to the Conditions of Approval outlined in Resolutions 2022-176 & 2022-178. Conditions of approval: • Prior to associated building permit issuance, the ground and wall signs shall require review and approval by the Planning Division for compliance with the LDC Section 7.10.24.G Signs and Lighting Standards. • A Site Development Permit is required prior to performing site improvement activities. The Site Development Permit application can be found on the County's website under the Public Works Department link. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. • Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $487,400.00 fee -in -lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. • Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, written correspondence confirming the absence of burial remains/artifacts/memorial(s) onsite from the 121Page BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM State's Division of Historical Resources shall be secured prior to removing/relocating the headstones. Per F.S. 872.02, a felony of the third degree is committed by any person who willfully and knowingly removes a "gravestone... containing human skeletal remains or associated burial artifacts" OR any structure "placed or designed for a memorial of the dead" without the direction or authority of the Division of Historical Resources of the State Department. If remains are discovered, provide a relocation plan meeting all applicable state and federal laws as outlined in F.S. 497.384 & F.S. 872.02. • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state -certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. Staff recommended the Board of County Commissioners approve this Conditional Use Permit to allow a storage facility within the C.G. (Commercial, General) Zoning District. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Alejandro Toro • Todd Mowery With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. PUBLIC WORKS Ru-Mar Agricultural Tailwater Recovery Project Mining Permit Exemption Application - THIS ITEM IS QUASI-JUDICIAL — This item was not heard. It was continued to December 6, 2022, meeting agenda. Daniel McIntyre, County Attorney, presented to the Board the applicant's request for a 60-day continuance to allow them to retain counsel due to the previous council's inability to attend due to the effects of Hurricane Ian. Staff recommended that the Board approve the continuance to December 6, 2022, Regular Meeting scheduled at 6:00 pm or soon thereafter. Chair Mitchell opened the hearing for public comment at this time for individuals who cannot make the December 6, 2022, meeting due to the extension of the date. With no one wishing to address the Board, Chair 131Page BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM Mitchell closed the public hearing. A motion was made to approve staff recommendation to continue the item to December 6, 2022, Regular Meeting agenda or soon thereafter, and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointment of a St. Lucie County Commissioner to the Homeless Advisory Committee Kelly Lang, the Executive Aide to the County Administrator, presented this item to the Board. On July 5, 2022, Resolution 22-124 was adopted by the Board, which established the Homeless Advisory Committee composed of nine members, one of which is the appointment of a St. Lucie County Commissioner. The resolution states that each member elected official from St. Lucie County, The City of Port St. Lucie, and the City of Fort Pierce shall be appointed by that governing Board of their respective jurisdiction. Staff recommended that the Board select and appoint a County Commissioner to represent the Board on the Homeless Advisory Committee. Commissioner Hutchinson motioned to appoint Commissioner Cathy Townsend to the Homeless Advisory Committee. A motion was made to approve staff recommendations to appoint Commissioner Cathy Townsend to the Homeless Advisory Committee, The motion was seconded, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Appointment to the Homeless Advisory Committee - At -Large Member Vacancies Dan McIntyre, County Administrator, and Kelly Lang, the Executive Aide to the County Administrator, presented this item to the Board. On July 5, 2022, Resolution 22-124 was adopted by the Board, which established the Homeless Advisory Committee. The Resolution states the Committee shall be composed of 141Page BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM nine members: a. St. Lucie County Commissioner b. City of Port St. Lucie Councilmember c. City of Fort Pierce Commissioner d. Social Worker/Case Manager from a governmental or non-profit entity with experience or expertise in homelessness e. Treasure Coast Homeless Services Council representative f. Mental Health Professional g. Banker/ Financer with experience in affordable housing h. School Board Member i. County business/ owner/ stakeholder On July 27, 2022, a press release was issued along with postings to other media sources to solicit applicants. The County received 23 completed applications. All applications were forwarded to the Board Liaison to ensure they met the minimum qualifications to serve. Of those, all are qualified to serve in the following roles: d. Social Worker/Case Manager from a governmental or non-profit entity with experience or expertise in homelessness - Dorothy Cobb, Eutelyn Allen, Felicity Palma, Hazel Hoylman, Kathy Sheets, Lauri Taylor, Meredith Myers & Yajaira Webster e. Treasure Coast Homeless Services Council representative - Louise Hubbard f. Mental Health Professional - Eutelyn Allen, Felicity Palma, Jennifer Harris & Yamila Escalona g. Banker/ Financer with experience in affordable housing - Michael Roberts i. County business/ owner/ stakeholder - All applicants are qualified to serve in this Category Staff recommended that the Board vote and appoint five at -large members from the applications submitted to fill the vacancies on the Homeless Advisory Committee. d. Appointment to the Social Worker/Case Manager from a governmental or non-profit entity with experience or expertise in homelessness - At -Large Member Vacancy Kelly Lang, the Executive Aide to the County Administrator, announced the first selection for the appointment was tied; each commissioner voted for: Commissioner Chris Dzadovsky — Felicity Palma Chair Sean Mitchell- Ellyn Kulwin Commissioner Linda Bartz- Lauri Taylor Commissioner Frannie Hutchinson- Lauri Taylor Commissioner Townsend- Felicity Palma County Attorney Dan McIntyre announced an out wire vote cast by Chair Mitchell for Ellyn Kulwin, and upon correction to break the tie, the chair voted Felicity Palma. A motion was made to appoint Felicity Palma as the Social Worker/Case Manager of a governmental or non- profit entity with experience or expertise in homelessness. The motion was seconded and passed (3)-(2). RESULT: APPROVED APPOINTMENT OF THE SOCIAL WORKER/CASE MANAGER - FELICITY 15 1 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM PALMA MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None e. Appointment to the Treasure Coast Homeless Services Council representative- At -Large Member Vacancy A motion was made to appoint Louise Hubbard as the Treasure Coast Homeless Services Council representative. The motion was seconded, and it passed unanimously. RESULT: APPROVED APPOINTMENT TO THE TREASURE COAST HOMELESS SERVICES COUNCIL - LOUISE HUBBARD MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None f. Appointment to the Mental Health Professional - At -Large Member Vacancy Kelly Lang, the Executive Aide to the County Administrator, announced the selection for the appointment each commissioner voted for: Commissioner Chris Dzadovsky— Jennifer Harris Chair Sean Mitchell- Jennifer Harris Commissioner Linda Bartz- Yamila Escalona Commissioner Frannie Hutchinson- Jennifer Harris Commissioner Townsend- Jennifer Harris A motion was made to appoint Jennifer Harris as the Mental Health Professional. The motion was seconded and passed (4)-(1). RESULT: APPROVED APPOINTMENT OF THE MENTAL HEALTH PROFESSIONAL - JENNIFER HARRIS MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 16 1 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM g. Appointment to the Banker/ Financer with experience in affordable housing- At -Large Member Vacancy A motion was made to appoint Michael Roberts as the Banker/ Financer with experience in affordable housing. The motion was seconded, and it passed unanimously. RESULT: APPROVED APPOINTMENT TO THE BANKER/FINANCER IN AFFORDABLE HOUSING - MICHAEL ROBERTS MOVER: Commissioner District 4 Frannie Hutchinson ISECONDER: Commissioner District 1 Chris Dzadovsky IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None 1 EXCUSED: None i. Appointment to the County Business/ Owner/ Stakeholder- At -Large Member Vacancy Kelly Lang, the Executive Aide to the County Administrator, announced the selection for the appointment each commissioner voted for: Commissioner Chris Dzadovsky — Hazel Hoylman Chair Sean Mitchell- Jamie Hannan Commissioner Linda Bartz- Dorothy Cobb Commissioner Frannie Hutchinson- Jamie Hannan Commissioner Townsend- Jodi Kugler County Attorney Dan McIntyre announced a decision breaker was needed for the selection, and Commissioner Townsend changed her vote to Jamie Hannan. A motion was made to appoint Jamie Hannan as the County Business/ Owner/ Stakeholder. The motion was .�CI.VIIUCU d1i �.JdJJCU 1J�-1L�. RESULT: APPROVED APPOINTMENT OF THE COUNTY BUSINESS/ OWNER/ STAKEHOLDER - I JAMIE HANNAN I MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: None I 1 EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Baron -Midway & US-1 Storage Facility - Request for a Major Site Plan associated with a proposed Conditional Use Permit to develop a 104,771 sq. ft. self -storage facility, which includes a 54,555 sq. ft. three-story self -storage building with an office, four (4) single -story self -storage buildings totaling 50,216 square feet and (10) R.V. and boat parking spaces within the C.G. (Commercial, General) Zoning 17 1 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM District - THIS ITEM IS QUASI-JUDICIAL Item presented in conjunction with 9.A.3. 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. Following the public notice requirements of the St. Lucie County Land Development Code, an ad was placed in the local newspaper on September 22, 2022, and a sign was placed on the property. The 4.40-acre parcel is located north of Midway Road and east of U.S. Highway 1. The property is zoned Commercial, General, and has a Future Land Use of Commercial and household goods warehousing and storage -mini -warehouses are listed as Conditional Use within the Commercial, General Zoning District. The applicant, Jeremiah B. Baron of 4850 Storage FP LLC, is requesting a Major Site Plan and Conditional Use Permit to develop a 104,771 sq. ft. self -storage facility encompassing a 54,555 sq. ft. three (3) story self -storage building with office, four (4) single -story self -storage buildings totaling 50,216 square feet along with ten (10) R.V. and boat exterior storage stalls, associated parking, drainage, utility infrastructure, and landscaping. The Baron -Midway & US-1 Storage Facility will be served by nine (9) vehicular parking spaces and one (1) ADA parking stall. The proposed three-story building is approximately 41.00-feet in height, within the 60-foot maximum height allowed. The building designs meet the Community Architectural Standards in Land Development Code. The Planning & Zoning Commission held a public hearing on September 15, 2022, unanimously passing a motion to forward a recommendation of approval to the Board for the Conditional Use Permit. The Conditional Use Permit and Major Site Plan conform to the Standards of Review as outlined in St. Lucie County Land Development Code Sections 11.02.07 (Major Site Plan) and 11.07.03 (Conditional Use Permit) and are consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommended the Board approve the Conditional Use Permit and Major Site Plan, subject to the Conditions of Approval outlined in Resolutions 2022-176 & 2022-178. Conditions of approval: • Prior to associated building permit issuance, the ground and wall signs shall require review and approval by the Planning Division for compliance with the LDC Section 7.10.24.G Signs and Lighting Standards. • A Site Development Permit is required prior to performing site improvement activities. The Site Development Permit application can be found on the County's website under the Public Works Department link. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. • Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $487,400.00 fee -in -lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. • Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 18 1 P a g BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, written correspondence confirming the absence of burial remains/artifacts/memorial(s) onsite from the State's Division of Historical Resources shall be secured prior to removing/relocating the headstones. Per F.S. 872.02, a felony of the third degree is committed by any person who willfully and knowingly removes a "gravestone... containing human skeletal remains or associated burial artifacts" OR any structure "placed or designed for a memorial of the dead" without the direction or authority of the Division of Historical Resources of the State Department. If remains are discovered, provide a relocation plan meeting all applicable state and federal laws as outlined in F.S. 497.384 & F.S. 872.02. • Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state -certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. Staff recommended approval of the Major Site Plan subject to the conditions in Resolution 2022-178, contingent upon the associated Conditional Use Permit. Commissioner Dzadovsky discussed the area's stormwater and drainage issues and solutions. H motion was mace to approve start recommencations, anc it passes unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PUBLIC UTILITIES 1. Second Amendment to Amended and Restated Franchise Agreement with Waste Pro of Florida, Inc. Rebecca Olson, Assistant Director of Public Utilities & Solid Waste, George Laundry, Solid Waste Division Director; Russell Mackey, VP of Waste Pro and Eddie Jesus, Division Manager of St. Luice County Wate Pro, presented this item to the Board. Waste Pro of Florida, Inc. has provided solid waste collection services in St. Lucie County since 2004. In December 2018, the County and Waste Pro entered into an Amended and Restated Franchise Agreement collection contract for unincorporated residents, resulting in a $24 increase to the annual assessment taking it to $276 per year from $252. During the Pandemic, Waste Pro and many others experienced hardships with supply chain delays and maintaining adequate personnel for their operation. The County provided some relief to Waste pro by providing one-time assistance from Cares Act monies in the amount of $523k for additional resources to improve service delays. Service in the Unincorporated county has improved since June of 2022, with the commitment to return service levels to levels needed. The proposed amendment highlights: • Garbage Collection will remain twice weekly, with bulk pickup occurring on the second garbage collection day. 19 1 BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM • Garbage will be collected Wednesdays and Saturdays, and bulk pickup will be on Saturdays. • All small piles and bagged/canned yard waste will be collected on Wednesdays. • Large piles of yard waste (clam piles) will be collected weekly. • Waste Pro will provide an area map for weekly collections. • Waste Pro will pay the County $30/ton for all recycling collected. • Waste Pro will make a one-time capital investment as a bag -breaker to be installed on the single stream machine. • Waste Pro will provide the County with a plan to phase in automatic side loader trucks for garbage. The commercial customer impacts Waste Pro will be requesting the following immediate increases in rates. An increase to $10.01 per cubic yard for commercial rates from $7.33 per cubic yard. An increase to $425 per haul for roll -offs from $191.94. Waste Pro is requesting a total increase of $8.79 per month ($105.48 per year) on the collection component of the residential assessment in a phased approach: • Year 1- $4.44 per month increase • Year 2 - $4.35 per month increase The collection component of the assessment is currently $19.21/month. The collection component of the assessment is proposed to be $28.00/month at the end of year two. Waste Pro is requesting an overall increase of approximately 37.7% by the end of Year 2 and taking the annual assessment to residents from $279.96 to approximately $385.44, effective October 2023. The recommendation logistics Staff recommended the County absorb the first year of the proposed increase to measure performance. To minimize the financial risk and impact on residents. Year one of the proposed increase is approximately $1,098,633.60. While the Board agreed to use sufficient monies in escrow to cover the CPI increase to Waste Pro in Fiscal Year 2022 instead of passing the CPI through to residents, there is still approximately $200,000 remaining fine monies in escrow available for potential use. The Solid Waste budget can absorb the remaining balance through recycling commodity revenue. The proposed Second Amendment adds a new Section 38.12 for certain rate adjustments. Generally, the same rates will be charged for residential customers in the Rural Service Area and the Urban Service Area, increasing over two years. The initial increase will take effect on October 1, 2022. If Waste Pro complies with the County's performance standards, the rates for residential customers will be increased again on October 1, 2023. Further, the rates for commercial customers will be increased effective October 1, 2022. Staff recommended that the Board approve the Second Amendment to the Amended and Restated Franchise Agreement with Waste Pro and authorize the Chair to sign the Second Amendment. Staff further recommended the County absorb the first year of the proposed residential rate increase while the County evaluates Waste Pro's performance, thus minimizing the financial risk and impact on residents. If, during year 1 of the amendment, Waste Pro exceeds $150,000.00 in fines, year 2 of the proposed increase will not be authorized. If during year 1 of the amendment, Waste Pro meets performance requirements set forth in the Second Amendment, staff recommends the residential assessment be raised in October 2023 to cover the full amount of the residential rate increases for 2022 and 2023. 201Page BOCC Regular Meeting Tuesday, October 4, 2022 6:00 PM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, October 11, 2022, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. Fall Festival and Plant Sale on Saturday, October 15th, 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 14th, 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. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, October 18, 2022, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. 7th Annual Indian River Lagoon Science Festival on Saturday, Oct. 22nd, 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 8:06 PM. Please note: Final minutes are recorded in the official minutes books filed with the Clerk of the Circuit Court and available for inspection upon request. 21 1