Loading...
HomeMy WebLinkAboutMinutes 11.15.202291rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 15, 2022 Convened: 1:01 PM Adjourned: 2:59 PM 1. CALL TO ORDER the meeting was called to order at 1:01 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 Dan McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III JoAnn Riley, Property Acquisition Manager Stan Payne, Director of Port & Airport Mark Satterlee, Deputy County Administrator Erin Taylor, Associate Planner Jeff Dority, Facilities Director Tahir Curry, Planning & Development Services Planner I Kori Benton, Planning & Development Services Planning Manager Barbara Guettler, Public Works MSBU Coordinator Mayte Santamaria, Planning & Development Services Director George Landry, Solid Waste Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Anthony Bordinger, on behalf of Michael Marburger d/b/a Mike's Organic Top Soil, addressed the Board regarding Consent Agenda item 8.C.1. He expressed concerns regarding code compliance and the Florida Department of Environmental Protection (FDEP) fire violation. Upon discussion between the Board and County Attorney Dan McIntyre regarding the jurisdiction and unincorporated areas, the item was removed from the consent agenda and placed on the regular agenda as County Attorney item 10.13.4. to allow the Board and Mr. Bordinger more time to discuss and address concerns. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5.APPROVAL OF MINUTES H IIIUUUII WdJ IIIdUC LU dF. p[UVC dll f11111ULC SCIJ, d[IU IL PdSJCU U11dI111IlUUJIy. 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 A. Board of County Commissioners minutes for the BOCC Regular Meeting of November 1, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22- 216 - Proclaiming the month of November 2022 as "Alzheimer's 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 "Alzheimer's Community Care," Past Chair Board of Directors Robert J. Gorman, and Interim President and CEO Kevin P. Wrenne. They thanked the boara ana acceptea the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None Pa BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 7. PRESENTATIONS There were no items scheduled. 8. CONSENT AGENDA A motion was made to adopt the consent agenda. With a modification of item 8.C.1 to be pulled and moved to the Regular Agenda item under the County Attorney, as item 10.13.4., and a modification of staff recommendation on item 8.H.2. to specify the funding allocation is for Carlton Road Bridge, and it passed uiiannrivuaiy. 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 A. WARRANTS 1. Warrant Lists Old Year 56 / New Year 4 - 6 Adopted by Consent Vote B. ADMINISTRATION 1. Resolution - Authorizing Board of County Commissioners to Participate in Joint Meeting with Indian River County Board of County Commissioners, Martin County Board of County Commissioners, and Okeechobee County Board of County Commissioners Staff recommended the Board adopt proposed Resolution No. 2022- as drafted. Adopted by Consent Vote *RES-2022-230 has been assigned post -approval. 2. St. Lucie County Local Technology Planning Team - ATTACHMENT AMENDED Staff recommended the Board adopt the resolution and the creation of St. Lucie County Local Technology Planning Team. Adopted by Consent Vote 3. Approval to Allocate American Rescue Plan Act - Local Assistance and Tribal Consistency Fund (LATCF) in the amount of $100,000.00 to Ten Mile Creek Project - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN 3 1 P a g e BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Staff recommended Board approval to allocate the Local Assistance and Tribal Consistency Funds in the amount of $100,000.00 to the Ten -Mile Creek Cleanout/Oxbow Restoration Project and County Administration to request funds from the US Treasury; and authorization for the Chair to sign documents as approved by the County Attorney Adopted by Consent Vote 4. Senior Management Service Class Options - ADD ON Staff recommended the Board approve the alternative deferred compensation benefit for eligible Department Directors and authorize the Chair to sign the associated resolution, and authorize staff to work with TIAA-CREF Financial Services on associated changes needed to the 457(b) plan documents and authorization for the Chair to sign plan documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. St. Lucie County vs. Marburger Ranch LLC - Permission to Sue Staff recommended that the Board grant permission to file suit against Marburger Ranch LLC. Item was pulled from the Consent Agenda and added as a Regular Agenda item under the County Attorney as item 10.8.4. 2. Reimbursement Resolution Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. Adopted by Consent Vote 3. Revocable License Agreement - 3213 Live Oak Lane - River Oak Estates - Debora Jo Gessley - Parcel ID 2430-502-0048-000-6 Ms. Gessley is requesting a Revocable License Agreement to install a 5' chain -link fence with gates along the north, south, and west sides of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 16, Page 5. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign 4 1 P a g E BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM the agreement, and direct Ms. Gessley pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Approval of Agreement with Medical Risk Solutions, LLC dba My Health Onsite as new operator for the County Employee Health Clinic - ATTACHMENT ADDED Staff recommended that the Board authorize the Chair to sign the Health Care Medical Services Agreement with MRS as reviewed and approved by the County Attorney. Adopted by Consent Vote D. HUMAN RESOURCES 1. BlueMedicare Agreement Annual Renewal - Standard Annual Renewal Staff recommended the Board approve the BlueMedicare Agreement and authorize the Chair to sign the agreement. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $3,467,187.00. Adopted by Consent Vote 2. FY 22 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $516,340.00. Adopted by Consent Vote 3. Request for Qualifications (RFQ) No. 22-075 - Professional Consulting Services - St. Lucie County Mobility Infrastructure Plan Staff recommended Board approval of the short-listed firms for RFQ No. 22-075 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Adopted by Consent Vote 4. Request for Qualification (RFQ) - No. 22-070 Professional Utilities Engineering Services - Continuing Contracts Staff recommended Board approval of the short-listed firms for RFQ No. 22-070 and permission to: • Conduct contract negotiations with successful short-listed firms: • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 5. Request for Qualifications (RFQ) No. 22-074, Professional Engineering Services — Class I Phase V Cell Design, Permitting & Engineering Services Staff recommended Board approval of the highest ranked firm, CDM Smith, for RFQ No. 22-074 and permission to: • Conduct contract negotiations with the highest -ranked firm, CDM Smith; • If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote F. PARKS & RECREATION 1. North Causeway Island Park Boat Launch, Amenities, & Parking Improvement Project - Grant Acceptance FWC FBIP Grant - $1,267,363.09 - ITEM PULLED PRIOR TO METTING Item was pulled from the Consent Agenda prior to the meeting. 2. St Lucie County Sheriff's Office 6th Annual Gary Morales Softball Tournament & Family Fun Day - Fee Waiver $612.00 Staff recommended waiving the field rental fees of $612.00 for the upcoming St Lucie County Sheriff's Office 6th Annual Gary Morales Softball Tournament & Family Fun Day and Lakewood Regional Park on November 19, 2022. Adopted by Consent Vote 3. Lakewood Park Potable Water Project - Eastern Pipeline Construction Inc. Change Order No. 01 to Contract C21-07-459 in the amount of $573,997.90 Staff recommended Board approval of Change Order No. 01 to Contract C21-07-459 with Eastern Pipeline Construction and authorization for the Chair to sign documents as approved by the County 6 1 P a g e BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Attorney. Adopted by Consent Vote G. PLANNING & DEVELOPMENT SERVICES 1. Waterstone PUD Phase Five - Final Plat for Seventy -Four (74) Single-family Residential Lots, Open Space Parcels, and Roadway Improvement Staff recommended the Board approve the Waterstone PUD Phase Five Final Plat and authorize the Chair to sign the plat and associated agreement documents as approved to form by the County Attorney, conditioned upon a Subdivision Improvement Agreement (SIA) and the associated surety prior to recording. Adopted by Consent Vote 2. Fort Pierce Shores Minor Replat (After -the -Fact) for Lot 3 and Lot 4 of Fort Pierce Shores Plat Block 30 Lot 3 will consist of 12,500 square feet and Lot 4 of 13,232 square feet. The subject property is within the RS-4 (Residential, Single -Family - 4) Zoning District, with a consistent RU (Residential, Urban) Future Land Use designation. The project is located inside the Urban Service Boundary (USB). Staff recommended the Board approve the Fort Pierce Shores Minor Replat, authorizing the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Ocean Glass PUD (FKA Sea Glass & Tailor's Cove) Final Plat Staff recommended the Board approve the Final Plat for OceanGlass PUD (FKA SeaGlass / Tailor's Cove) and authorize the Chair to sign documents as approved by the County Attorney, conditioned upon approval of a Subdivision Improvement Agreement (SIA), associated surety for completion of required infrastructure. Adopted by Consent Vote H. PUBLIC WORKS 1. Kings Highway Conduit Installation — Final Acceptance - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board acceptance of the Kings Highway Conduit Installation project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote 2. FPL Sundew Solar — Roadway Improvement Agreement (RIA) Modification 7 1 P a g e BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Staff recommended Board approval of the modification to the Roadway Improvement Agreement with FPL, accept funds in the amount of $300,000.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Commissioner Hutchinson pulled the item for separate discussion and advised staff's recommendation does not include the allocation of the funding and recommended the Carlton Road Bridge project be specified within the recommendation. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. 1st Public Hearing - Ordinance Amending the St. Lucie County Land Development Code By Amending Section 7.10.30 Reasonable Accommodation Appeals Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. An ordinance amending the St. Lucie County Land Development Code Section 7.10.30 Reasonable Accommodation Appeals. The Reasonable Accommodation: "A statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations under the referred statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such a person an equal opportunity to use and enjoy housing". The current procedure is to appeal to the Board for a denial of a reasonable accommodation. The proposed Ordinance will change the appeal from the Board to the Circuit Court. This is the first of two public hearings. Staff recommended that the Board approve the proposed draft ordinance for a second public hearing on December 6, 2022, or soon thereafter. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. 4 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 8 1 P a g e BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 2.Ordinance No. 22-032 - Reauthorizing the Levy for the Local Option Fuel Tax Daniel McIntyre, County Attorney, presented this item to the Board. This Board has previously adopted the six cents ($0.06) local option tax upon every gallon of motor fuel and diesel fuel and a five -cent ($0.05) local option tax upon every gallon of motor fuel sold in St. Lucie County. The levy of the taxes is scheduled to expire on December 31, 2023. The County Administrator recommends extending the local option gas tax through December 31, 2025. According to the County's Management and Budget Director, extending the tax through 2025 is in line with the next time, which is a 10-year period that the County would need to recalculate the distribution based on the statutory section in Florida law. The County Attorney has a prepared ordinance that, if adopted, would extend the local option gas tax through December 31, 2025. Staff recommended that the Board approve Ordinance No. 22-032 and authorize the Chair to sign the Ordinance. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous 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 3. Public Hearing - Authorizing Exchange Agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -Way - Resolution No. 2022-218 JoAnn Riley, Property Acquisition Manager, and Stan Payne, Director of Port & Airport, presented this item to the Board. In September 2017, the Board approved a Purchase and Sale Agreement. At the time, the King Maritime Group, LLC agreed to sell five parcels to the County, which consisted of 12.34 acres, along with a Submerged Lands Lease with the Board of Trustees, the approvals for the installation of a pier to facilitate the operation of a travel lift, and a 10% interest in real property owned by Destin Beach. The County previously acquired the Harbor Point property in 1976, also located in the port area. County staff and the City of Fort Pierce staff have negotiated a proposed exchange agreement involving the exchange of specific right-of-ways for the Board's consideration. Staff provided the Board with a map to graphically depict the proposed exchange of rights -of -way. The County will convey the following to the City 9 1 P a g E BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM • Indian River Drive from Avenue A to Seaway Drive The City will convey the following to the County • Avenue M Extension • Fisherman's Wharf from the Florida East Coast Railway (FEC) right-of-way to its eastern terminus • Harbor Street • Port Avenue • North 2nd Street from Seaway Drive to its northern terminus • North Indian River Drive from Seaway Drive to Fisherman's Wharf The approved exchange will allow the County to seek grants to fund the reconstruction and improvement of certain access roads to the Port of Fort Pierce, which would directly benefit County owned property at the Port. On October 18, 2022, the Board approved Permission to Advertise the Exchange Agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -Way. The Notice of Intent was advertised in the St. Lucie News Tribune on October 31 and November 7, 2022. Also, on November 7, 2022, the City of Fort Pierce Commission approved the exchange agreement with the County. Staff recommended the Board approve Resolution No. 2022-218, which authorizes the exchange agreement between the City of Fort Pierce and St. Lucie County for Certain Rights -of -way. Staff also recommended the Board authorize the Chair to sign both the resolution and the exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. 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. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: I None I EXCUSED: None 4. Public Hearing - Authorizing Exchange Agreement between Destin Beach, Inc. and St. Lucie County - Resolution No. 2022-220 Item presented in conjunction with 10.8.1. JoAnn Riley, Property Acquisition Manager, and Stan Payne, Director of Port & Airport, presented this item to the Board. A consideration of the Board to an exchange agreement with Destin Beach. As previously indicated, the Board purchased five parcels from the King Maritime Group, LLC., consisting of 12.34 acres 10 1 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM and allocating 10% interest in the Destin Beach property. Staff provided the Board with a map locating the properties owned by the County and a map of properties owned by Destin Beach. Also advised once the City of Fort Pierce conveys Avenue M to the County after the approved agreement, it will also be conveyed to Destin Beach. The County's independent appraisers, Parrish & Edwards, Inc. and Fuller-Armfield-Wagner, completed appraisals on the proposed parcels to be exchanged. The contributions of the various parcels are as follows: Destin Beach contribution to the six Parcels (131, B2, 133,133, B9 B10) conveyed to the County total value: $4,655,703.00 County Property contribution with the 10% value/credit to Destin Beach and Parcel D1 (Avenue M) total value of the assets: $4,658,600.00 When the County acquired the property at the Port, Ordinance No. 17-021 was adopted to consider the 10% interest. The County Attorney suggested highlighting the following: "WHEREAS, the County's intent in connection with the acquisition of the 10% interest in the Destin Beach Property is not to create a joint venture in the use and enjoyment of the property or create any affirmative funding obligations on the part of the County; and WHEREAS, if the 10% interest in the Destin Beach Property is acquired, the County will have no community of interest in the use and enjoyment of the Destin Beach Property with the other owners; and transferring the undivided 10% as proposed will eliminate any legal issues pertaining to the creation of a 'joint venture" with Destin Beach Inc." The approved exchange would relocate the access road to Harbour Pointe and reroute the stormwater along the new access road, which will be a 100-foot right-of-way. The exchange would result in the conveyance of the County's 10% interest in the Destin property, which the County inherited as part of the closing with King Maritime Group. The County Attorney has proposed a settlement with Destin Beach Inc. in a separate document (item 10.13.1) that, if approved, would result in a dismissal of the lawsuit between King Maritime Group, which is now the County, and Destin Beach. November 1, 2022, the Board approved Permission to Advertise the Exchange Agreement between Destin Beach, Inc. and St. Lucie County. On October 31 and November 7, 2022, the Notice of Intent to Exchange Property was published in the St. Lucie News Tribune. Stan Payne, Director of Port & Airport, addressed the Board and provided a brief historical overview of the Port of Fort Pierce. Mr. Payne advised the Port Master Plan is a 20-year vision; in 2019, the County entered an agreement with the Director of shipyards with an empty terminal, and as of March 2022, a lift is in place with a large vessel and an entire terminal. As part of the King Maritime Group Terminal acquisition, the County will acquire a 10% interest in 67 acres of Destin Beach, Inc. Currently, most of the Port Operations Area 175 acres is privately owned, and only 35 are publicly owned. The current access to Harbour Pointe is Avenue M. It is an unpaved road on a 50-ft right-of-way with a 90% turn. It cannot support the development of any nature at Harbour Pointe. The exchange provides the property for a new, straight paved road into Harbour Pointe on a 100-ft right-of-way. The exchange provides BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM nearly 3-acres of waterfront property on Taylor Creek adjacent to Harbour Pointe to increase development opportunities. The County will gain an additional acre to the south of the new roadway to facilitate traffic flow into the new Harbour Pointe. The County's 10% interest and lawsuit are extinguished, which, along with the relocation of Avenue M, will help facilitate the development of the Destin Beach parcels. The new Avenue M and nearly 3 acres of waterfront property can be used to support Phase 1 of a development plan that includes: • A large public boat ramp • Waterfront infrastructure and the uplands to support the artificial reef program. • Waterfront infrastructure and the uplands development to support the commercial fishing industry. Staff recommended the Board approve Resolution No. 2022-220, which authorizes the exchange agreement between Destin Beach, Inc. and St. Lucie County. Staff also recommended the Board authorize the Chair to sign both the resolution and the exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. 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. The Board commented and thanked all staff for their hard work and dedication to the monumental agreement exchange. The Board also acknowledged the Bell Family for working with the County and coming to an agreement. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 5. Public Hearing - Authorizing Exchange Agreement between the County and the St. Lucie County Fire District; Old Fire Station #2, South Hutchinson Island; Lot 3, Replat of Quad 1A Treasure Coast Research and Education Park - Resolution No. 2022-219 Dan McIntyre, County Attorney, JoAnn Riley, Property Acquisition Manager, and Mark Satterlee, Deputy County Administrator, presented this item to the Board. A proposed exchange agreement between the County and the Fire District about old fire station #2 on South Hutchinson Island Lot 3, Replat of Quad 1A at the Treasure Coast Research and Education Park (TCERDA) property. The County will be conveying the lot in the research park to the fire district, which would build a fire station on -site to benefit the County and the fire district. County and District staff are discussing the possibility of exchanging the County's TCERDA property for Old Fire Station #2. It has been suggested that the proposed resolution not include the reverter clause. Still, instead, the resolution would indicate the Fire District would have a specific time frame to build 121Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM the fire station, and if not completed within the time frame allotted 3-4 years, the property would revert to the County. But if the fire station is built within the allotted 3-4 years, there will be no reverter clause to prevent investment losses. The building would then be operable for 30 years or the facility's useful life. On November 1, 2022, the Board approved permission to advertise, and the Notice of Intent to exchange property between the County and the St. Lucie County Fire District was published in the St. Lucie News Tribune on October 31, 2022, and November 7, 2022. Staff recommended the Board approve Resolution No. 2022-219, which authorizes the exchange agreement between the County and the St. Lucie County Fire District. Staff also recommended the Board authorize the Chair to sign both the resolution and exchange agreement as reviewed and approved by the County Attorney and record the documents in the public records of St. Lucie County, Florida. 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. The Board discussed the reverter clause within the agreement and the language within the resolution. County Attorney Dan McIntyre advised modifying the staff recommendation and recommended the Board adopt the resolution. Also, adopt the exchange agreement but as modified to delete the current reverter clause language and insert language to the effect that the Fire District has three (3) years to build and five (5) years to open. If the terms are not met, the property will revert to the County. But once the Fire Station is built and opened, there will be no reverter clause, and the Fire District will be fully invested in the site and clear of the reverter clause. Mr. McIntyre mentioned the agreement could also provide the Fire District with an option to request an extension from the Board with a reasonable cause. A motion was made to approve staff recommendations with the additional language modified to delete the current reverter clause language and insert language to the effect that the Fire District has three (3) years to build and five (5) years to open. If the terms are not met, the property will revert to the County. But once the Fire Station is built and opened, there will be no reverter clause and an option to request an extension rrom the Board with a reasonable cause, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Hinkle Rezone - A Zoning Atlas Amendment to rezone the subject +/- 4.06-acre parcel from the RM-5, Residential Multiple-Family-5 Zoning District, to the AR-1, Agricultural, Residential -1 Zoning District - THIS ITEM IS QUASI-JUDICIAL 131Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 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. Erin Taylor, Planning & Development Services Associate Planner, presented this item to the Board. The applicant requests approval to change the zoning from Residential, Multiple -Family to Agricultural, Residential-1. The 4.06-acre site is located at 7405 Silver Oak Drive in Port St. Lucie and is a working residence with a detached accessory workshop on the property. Following public notice requirements of the St. Lucie County Land Development Code, public notice was advertised in the St. Lucie County News Tribune on November 4, 2022, and notices were mailed to 10 surrounding property owners within a 500-foot radius of the property, and a sign was posted. The proposed rezoning to the Agricultural Residential —1 du/ac Zoning District is consistent with the Residential Urban Future Land Use designation, as per the Comprehensive Plan Land Use Designation / Zoning Compatibility Chart. The proposed rezoning will lower the density potential from 5 du/ac to 1 du/ac. The proposed Rezone Petition will conform to the minimum lot standards following the Land Development Code Section 7.04.01 for the AR-1 Zoning District. On October 20, 2022, the Planning and Zoning Commissioner voted unanimously to forward this petition to the Board of County Commissioners with a recommendation of approval. Staff recommended the Board approve Resolution 2022-206 to rezone the subject parcel from RM-5 (Residential, Multi-Family-5 du/ac) to the AR-1 (Agricultural, Residential —1 du/ac) Zoning District. 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. The Board did not have any questions or comments on this item. y motion was mace to aDDrove statr recommencations, anc it Dassea unanimous 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 7-11 Kings Highway/Angle Road Rezone: Amendment to the Official Zoning Atlas for a change in zoning from the AG-1 (Agricultural —1) to the CG (Commercial, General) Zoning District, for 2.96 +/- acres, located at the northeast corner of the subject 39.48 +/- acre parcel - THIS ITEM IS QUASI- JUDICIAL 141Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 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 public notice requirements, a public hearing was noticed with a sign on the petition site, advertised in the Local Newspaper on November 4, 2022, and mailed notices to 17 property owners within 500 ft., and no responses were received. The +/- 39.48-acre parcel is located at the Southwest corner of the King's Highway and Angle Road intersection. The proposed rezoning to the Commercial, General Zoning District is consistent with the Commercial Future designation, per the Comprehensive Plan Policy 1.1.1.3 - Land Use Designation / Zoning Compatibility Chart. The future land use designation is Commercial. This rezoning aims to allow for a retail convenience store per Land Development Code Section 3.01.03.5. The subject property currently has a zoning designation of Agricultural — 1. The surrounding properties comprise agricultural, Planned Unit Development, and industrial zoning districts. The proposed development would occupy +/- 2.96 acres from the overall +/- 39.48-acre parcel. On October 20, 2022, the Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve the rezone petition from CG (Commercial General) Zoning District to the AG-1 (Agricultural - 1) Zoning District. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brad Curry (Agent) With no one else wishing to address the Board, Chair Mitchell closed the public hearing. Commissioner Dzdovsky and Commissioner Hutchinson expressed concerns regarding the development's roadway turn -in and turn -out lanes and landscaping. Mr. Curry advised the Board they are in discussions with FDOT and have provided several plans for 7-11 with turn lanes. He mentioned the three different roadway plans for the corner piece of the development, existing conditions, proposed conditions, and the revised conditions for the landscaping surrounding the development. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None 15 1 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM I EXCUSED: None I 3. Second Reading - Land Development Code Text Amendment: Amending Section 4.12.00, the Jenkins Road Area Plan Special District, particularly Section 4.12.03. - Road and Trail System, Subsections A & B. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. A petition has been submitted to amend Land Development Code (LDC) Section 4.12.00, Jenkins Road Area Plan Special District. The proposal is to modify the required internal road system for the Jenkins Road Area Plan and add provisions to allow the Board authority to approve alternative roadway design cross -sections as part of a Planned Development. The Jenkins Road Area Plan Special District was adopted to guide future development within a 1,700-acre area generally extending from Orange Avenue to Angle Road and west to Kings Highway. The proposed amendment reflects changes in the marketplace and direction of land use. These regulations aim to create a viable road system and support multi -modal facilities built within the constraints of existing development, with adequate open space and recreational resources, and to protect natural resources. No roadways have been developed under the originally adopted or modified current District regulations. The Jenkins Road Area Plan Special District roadway network shall be dedicated, built, and eligible for road impact fee credits following the Thoroughfare Network Right -of -Way Protection Plan requirements. On October 20, 2022, the St. Lucie County Planning & Zoning Commission reviewed the proposed Text Amendment proposal and recommended approval. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve Ordinance 2022- 031 as approved by the County Attorney. 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. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PUBLIC WORKS 16 1 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 1. North Hutchinson Island MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2023. The resolution must be considered at a duly advertised public hearing held before January 1, 2023. The resolution does not oblige the County to levy special assessments; rather, it preserves the County's option to use the uniform collection method if special assessments are levied. Staff recommended the Board adopt the special assessment Notice of Intent Resolution 2022-200 for the North Hutchinson Island Municipal Services Benefit Unit and authorization for the Chair to sign documents approved by the County Attorney. 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. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Culvert 2022-05 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In February 2021, the Board established a voluntary program allowing eligible property owners to apply for and receive funding to improve or repair culverts and repay this funding through the imposition of a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. The proposed Resolution No. 2022-212 is the Assessment Resolution as required by County's Ordinance 21- 004, as amended. The purpose of this resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the MSBU. To determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, approve the assessment roll, and provide an effective date. Staff recommended Board approval of Resolution No. 2022-212, the Culvert 2022-05 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. 17 1 P a g BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 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 Townsend commented regarding the advertisement and education of the program for all citizens to gain the knowledge needed and available resources. 4 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 10. REGULAR AGENDA A. ADMINISTRATION 1. Interlocal Agreement Proposed Medical Examiner Facility Alphonso Jefferson, Deputy County Administrator, and Jeff Dority, Facilities Director, presented this item to the Board. The proposed Interlocal Agreement by and between the Medical Examiner for the 191" Judicial Circuit, District Board of Trustees of Indian River State College, and IndianRiver, Martin and Okeechobee County and St. Lucie County political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit, Trustees, and the Counties will be collectively referred to as the purpose of locating, designing, permitting and constructing a new facility. The interlocal agreement provides for the lease of property, budgets and contract administration for space needs analysis, design, and construction, and a process to address any budget changes that result in additional funding requirements. Indian River State College will have a meeting with its Board of Trustees, and the remaining counties will have a hearing on November 22, 2022. At this time, all parties are in favor of the interlocal agreement. Staff will work with Indian River State College on an initial 30-year lease agreement with a 30-year renewal. They are not requesting ownership of the property/facility, only $1 a year. The property will remain with the County, and the County will maintain and handle all facility -related items associated. This agreement sets the foundation and the scoring work for the facility to be designed and constructed. There is no financial impact on the approval of this interlocal agreement. Budget information for the design and construction will be presented to the Board for approval. Staff recommended the Board approve the interlocal agreement for the proposed medical examiner facility. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimous RESULT: APPROVE 181Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 1. Proposed Settlement - Dean King v. Destin Beach, Inc. Item presented in conjunction with 9.A.4. Daniel McIntyre, County Attorney, presented this item to the Board. In the litigation between King Maritime and Destin Beach Inc., Destin Beach Inc. filed a counterclaim against King Maritime seeking recovery of claimed unpaid maintenance expenses regarding the property owned by Destin Beach Inc. and King Maritime. Destin Beach Inc. provided documentation in the litigation that King Maritime shares 10% of unpaid taxes, etc., $1 million. Since assuming King Maritime's portion in the litigation, the County has attempted to negotiate a settlement with Destin Beach Inc. to resolve the litigation. A summary of the proposed settlement follows: • The Parties stipulate that the amount owed by King/County to DBI in connection with the Counterclaim of DBI in the Litigation totals the sum of One Million Dollars ($1,000,000.00) which amount shall be payable to DBI solely and directly by County with no required contribution from King. This amount shall be paid without interest or penalty and is fully due and payable to DBI upon the earliest of the following to occur: ➢ a. At closing, in the event, that DBI sells the property for fair market value in an arm's length transaction to a third party; or ➢ b. At closing, in the event that County and DBI enter into an exchange agreement, although the exchange agreement may provide that the stipulated amount of One Million Dollars ($1,000,000.00) is a part of the consideration for the exchange so that, theoretically, no cash from the County would be due and payable; or ➢ c. At closing, in the event that County sold its undivided ten percent (10%) interest in the property to a third party. • The Parties shall execute a Joint Stipulation for Dismissal with Prejudice of the Litigation in its entirety, including those claims raised in the Complaint and Counterclaim. • The Parties each agree to execute and exchange complete General Releases, excluding therefrom only the obligations contained within this Settlement Agreement. • The Joint Stipulation for Dismissal with Prejudice and the General Releases would be executed and exchanged between the Parties simultaneously with the "closing" as described in either (a), (b) or (c) above. 191Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM County staff believes that settling the King v. Destin Beach litigation in the matter set out in the proposed settlement agreement is in the County's best interest. Staff recommended that the Board approve the settlement agreement and authorize the Chair to sign the agreement. The Board did not have any questions or comments on this item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Local Option Gas Tax Resolution No. 22-210 - Notice of Intent to Levy Daniel McIntyre, County Attorney, presented this item to the Board. The distribution of proceeds from the levy of the $0.06 local option gas tax and the $0.05 local option motor fuel tax can either be distributed by Interlocal Agreement or by the default statutory formula. State Law requires the County to adopt a resolution of intent to levy the local option gas taxes before June 10, 2023. To move forward with the extension of the $0.06 local option gas tax and the $0.05 local option motor fuel tax, staff has drafted a proposed resolution of intent for consideration by the Board. Staff recommended that the Board approve the resolution and authorize the Chair to sign the resolution. The Board did not have any questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimous 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 3. Opioid Litigation - Proposed Settlement with Walmart - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County has filed suit against various companies, including the Distributors and Settling Defendants referenced above, in what has been referred to as the National Prescription Opiate Litigation. Settlement funds will flow into the state and be allocated between the state and its local governments. The County passed a resolution that approved a Memorandum of Understanding with the state to fairly apportion settlement funds between the state and 201Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM its local governments. It was contemplated the Memorandum of Understanding would be reduced to a consistent formal agreement. By executing the participation agreements, the County accepts the agreements' terms. The County's litigation team has asked that the County provide notice by e-mail of the position no later than November 18, 2022, whether the County supports the proposed settlement. Also, the County's litigation team believes that the proposed settlement represents a fair and equitable resolution of opioid- related claims against Walmart. Staff recommended that the Board approve the proposed participation agreement for Walmart and authorize the Chair and County Attorney to cosign the agreement. The Board did not have any questions or comments on this item. a. motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. St. Lucie County vs. Marburger Ranch LLC - Permission to Sue - ITEM PULLED FROM CONSENT 8.C.1. During Public Comment, Mr. Anthony Bordinger, on behalf of Michael Marburger d/b/a Mike's Organic Top Soil, addressed the Board regarding Consent Agenda item 8.C.1. He expressed concerns regarding code compliance and the Florida Department of Environmental Protection (FDEP) fire violation. The allotted three minutes under public comment was not enough time for Mr. Bordinger to express concerns. The Board motioned within the consent agenda approval to defer the item for further discussion. Marburger Ranch, LLC is a Florida limited liability company. The managers of the company are Courtney L. Marburger and Michael M. Marburger. Marburger Ranch uses a parcel of land in the County to receive, process, and store yard trash and other vegetative wastes. Marburger Ranch's operations do not comply with the County's Land Development Code requirements. On May 9, 2022, Courtney Marburger contacted the County by e-mail on behalf of Irrigation by Michael Marburger, Inc. d/b/a Mike's Organic Topsoil regarding relocating the business and the purchase piece of property to operate the soil business. The County informed Ms. Marburger that the identified parcel appears non -conforming due to the lack of road frontage. Also, to process yard waste, the site would need to be rezoned through to Utilities (U), with an accompanying Conditional Use Permit application. On or about July 6, 2022, Marburger Ranch bought the site and began to use it for yard waste processing. On August 25, 2022, the County issued notices of violation to Marburger Ranch and Mike's Organic Topsoil 211 Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Notwithstanding the County's warnings in May and August, Marburger, Inc. d/b/a Mike's Organic Topsoil continued to operate in violation of the County Code. Accordingly, the County staff brought this matter before the Code Enforcement Board at a public hearing on October 5, 2022. At the public hearing, the County staff asked the Code Enforcement Board to order Marburger, Inc. d/b/a Mike's Organic Topsoil to cease all business activity on the site until the property complies with the County Code. Marburger, Inc. d/b/a Mike's Organic Topsoil provided the reasonings to continue operating, including employees and equipment investments. Before the suit not clear whether the Respondents would ever be able to comply with the County Code. Marburger, Inc. d/b/a Mike's Organic Topsoil activities pose an ongoing risk to the health, safety, and welfare of the County's residents. Mike Marburger previously operated a yard trash processing facility on property owned by Verano Development, LLC, located on Range Line Road. On or about June 1, 2022, Verano filed a lawsuit seeking the eviction of Michael Marburger d/b/a Mike's Organic Top Soil and Irrigation by Michael Marburger, Inc. On or about July 6, 2022, the parties stipulated the dismissal of the lawsuit. Mike Marburger vacated Verano's property shortly thereafter. On or about August 25, 2022, a fire was discovered in the mulch piles that Mr. Marburger left on Verano's property. Eight rows of mulch approximately 1/4 to 1/3 mile long and vegetative material approximately 20 to 30 feet tall were left on the property by Mr. Marburger. The rows were arranged in a way that did not allow access by the St. Lucie Fire District's firefighting equipment, apparently in violation of the requirements in FDEP Rule 62- 709.320(2)(c), Florida Administrative Code. The fire continued for days while the public was exposed to smoke and other nuisance conditions. The County staff believes Marburger Ranch should not be allowed to operate on the new site until it complies with the County Code requirements. Accordingly, the County staff filed a motion requesting the Code Enforcement Board to reconsider its decision regarding the Respondents and the abatement date. Since Marburger Ranch and its representatives have made it clear that they will not voluntarily comply with the County's requirements, staff believes the only way to stop Marburger Ranch's unlawful activities on the new site is to sue Marburger Ranch and obtain an injunction from the circuit court Staff recommended that the Board grant permission to file suit against Marburger Ranch LLC. Mr. Anthony Bordinger, on behalf of Marburger Ranch LLC. d/b/a Mike's Organic Top Soil expressed concern regarding the company being blamed/insinuated for the mulch fire on Range Line Road. He advised the company operated on the land for over a decade and never had a fire or any issues. In January, a 3-year agreement with a 1-year option was worked out with the property owners where they would clear off the land and move everything forward for the Verona Homes extension. Once the lease agreement was received, the company did not agree with specific terms and was served 30-day notice order to vacate. Also, DEP would not approve the permits at the time without the landowner's consent, and a decision was made to mutually separate. He advised once Marburger Ranch LLC. d/b/a Mike's Organic Top Soil left the land Kolter Development LLC took ownership of everything left on the land on August 1, 2022, and began to process the material as Top Soil without obtaining permits. Mr. Bordinger advised Marburger Ranch LLC. d/b/a Mike's Organic Top Soil had vacated the land one month before the fire started on August 25, 2022, as indicated in the FDEP report, and they are not responsible for the fire. He advised the new site location for the company complies with DEP. He advised with the expanding population, and the company will be needed. Mr. Bordinger requested the Boards 221Page BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM approval for Marburger Ranch LLC. d/b/a Mike's Organic Top Soil, the opportunity to go through the process and continue to be allowed to operate on the site until it comes into compliance with the requirements in the County Code. The company would like to meet with the Board to discuss the road frontage issue and request approval to get a waiver to approve the road. The company has attempted to reach out to the Fire District for recommendations for the fire systems but have yet to hear a response. Mr. Bordinger advised the Board they can not afford to shut down until all compliances are met. The process may take up to 18 months. Mr. Bordinger advised they would like a fair opportunity to present their case to the Board. The Board discussed issues regarding the company operating without proper permitting from the County, the road frontage the company is operating on, proper permitting, public safety, code compliance, and road maintenance. Commissioner Hutchinson questioned staff if Marburger Ranch LLC. d/b/a Mike's Organic Top Soil was in the process of obtaining permits other than the preliminary that was submitted initially. Mayte Santamaria, Planning & Development Services Director, advised the company did a pre -application meeting in June, and a meeting was held in August. Still, they have not received any more documentation from the applicant since then. Before and during the DRC meeting and via e-mail in May, the applicant was informed that the site required a conditional rezoning use of a major site plan and advised of the issue with road frontage. Commissioner Townsend asked staff, and Mr. Marburger agreed to sign a bond to move the process along faster, and he would be held liable if he did not follow through. Mr. Marburger advised he would not have a problem signing a bond. The business will operate for a while if everything goes accordingly. He advised that he already has a $1 million bond with South Florida Water Management to use the access road to travel around on their land. He mentioned the new property and has spent $25,000 on a water truck, all surrounding roads cut in for the fire department, and installing fire hydrants. He advised the Board he is willing to do what is needed to move forward. A motion was made to drop the lawsuit against Marburger Ranch LLC and provide the company with more time to meet with Staff, Code Enforcement, and each Commissioner individually as a requirement of the Sunshine Law and revisit the conversation in January 2023, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from PDS Director 23 1 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM Mayte Santamaria, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred in October. • Florida Coast Equipment: Major Adjustment to a Minor Site Plan • Sugar Sands Apartments: Minor Site Plan • South Florida Logistics Center: Minor Adjustment to Major Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Annual Reorganization meeting on Tuesday, November 22, 2022, in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Special 4H Christmas Remembrance event on Monday, December 5, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 6, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 13, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 13, 2022, at 1 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. ADDITIONAL DISCUSSION Commissioner Dzadovsky mentioned the Board's consideration for additional facilities at the St. Lucie County Fairground to expand the 4-H club program. Upon discussion with the Board and staff, the item will be returned for an informal discussion. 24 1 BOCC Regular Meeting Tuesday, November 15, 2022 1:00 PM 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 2:59 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 25 1 P a g