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HomeMy WebLinkAboutMinutes 03.02.2021'�Ir LUCE o R'° BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 2, 2021 Convened: 6:02 PM Adjourned: 8:14 PM 1. CALL TO ORDER The meeting was called to order at 06:02 PM by Chair Chris Dzadovsky, District No. 3 Present Commissioner Chris Dzadovsky District 1, Commissioner District Sean Mitchell 2, Commissioner Linda Bartz District 3 , Commissioner Frannie Hutchinson District 4, Commissioner District 5 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, Asst. County Attorney Leslie Olson, Planning & Development Service Director Doug Baber, HR Manager Erick Gill, Communications Division Director Gino Butto, Chief Information Officer Vera Smith, Recording Secretary Angela Riggins, Deputy Clerk 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board: Richard Sinnott, 1025 Jamaica Ave, Fort Pierce, presented the Board with information regarding the Covid-19 policy to help with future decisions. Jose A. Capellan Veterans manager presented the Board with information regarding vaccinations at the Finn Center for veterans. There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. 5. APPROVAL OF MINUTES There are no items scheduled. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-019 - A resolution proclaiming the month of March 2021 as "Women's History 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 Dzadovsky presented the proclamation to the staff of the League of Women Voters of St. Lucie County, President Andi Poli, Treasurer Sherita Johnson, and Parliamentarian Kathryn Hensely, who thanked the Board and accepted the proclamation with gratitude. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM B. Resolution No. 21-044 - a resolution proclaiming March 29, 2021 as "Welcome Home Vietnam Veterans Day" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Dzadovsky presented the proclamation to the Cora Stickney Harper Chapter Daughters of the American Revolution, Pat Bloomquist, Cynthia Woempner, and Linda Gallup, who thanked the Board and accepted the proclamation with honor. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 7. PRESENTATIONS APPROVE Commissioner District 3 Linda Bartz Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None A. Fiscal Year 2019/2020 Citizens Infrastructure Surtax Oversight Committee Annual Report - ATTACHMENT Mark Satterlee Deputy County Administrator and Carolyn Niemczyk Chair of the Infrastructure Surtax Oversight Committee, and Patrick Dayan Assistant Director of Public Works presented to the Board. The Second Annual Report to the Board to demonstrate how the County is spending the sales tax dollars as promised to the voters of St Lucie County. The report covers the period of October 1, 2019, to September 30, 2020. The report includes the impacts of COVID-19 with an actual revenue budget of $9.7 million. The impact that COVID-19 had on the scheduled infrastructure projects was predicated on the assumption that the COVID-19 shutdown would have a substantial negative impact on the half -cent sales tax collection. The projects include: • Road and Bridge Resurfacing • Traffic Signal Upgrades • Better Roads • More Sidewalks • Cleaner Rivers Staff recommended the Board review and accept the Fiscal Year 2019/2020 Citizens Infrastructure Surtax Oversight Committee Annual Report. 3 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM B. Comprehensive Everglades Restoration Program — Indian River Lagoon South Project Update Patrick Dayan Assistant Director of Public Works and Jennifer Reynolds Director of Ecosystem Restoration, and Capital Projects, South Florida Water Management presented to the Board. The Indian River Lagoon -South (IRL-S) Project was authorized as a Federal project with the Water Resource Development Act (WRDA) in 2007. Capturing and storing treatment of local runoffs to St. Lucie Estuary and Southern Indian River Lagoon from the C-44, C-23, C-24, and C-25 basins providing: • Reduction in excess flow to estuaries to improve salinity balance • Improved water quality, and • Provide water supply benefits in the dry season (reduced reliance on Florida aquifer) The Stormwater and Reservoirs Treatment design areas for C-44, C-23, C-24, and C-25 basins are underway to start construction in mid-2021 throughout 2024. The Stormwater Treatment Area (STA) accommodates both Sneed (CR 613) Road and Header Canal (CR609) Road which will allow for an expanded road right of way to be granted to St. Lucie County upon completion of construction. The C-24 and C25 treatment area agreements with St. Lucie County and North St. Lucie River Water Control District on road construction and canal easements still need to be worked out for the combined projects. Also, an additional agreement with the North St. Lucie River Water Control District will be worked out also, due to the Stormwater Treatment Area (STA) lab area discharging into their Canals. A third agreement with FPL in terms of making sure power is available during the projects and in future operations. All agreements will be brought to the Board in the April meeting. 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: A. WARRANTS 1. Warrant List 20 APPROVE Commissioner District 3 Linda Bartz Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend 1►[•m None Adopted by Consent Vote 4 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM B. COUNTY ATTORNEY 1. Tradition Community Development District - Consent to Assignment of Public Road Impact Fee Credits to Mattamy Palm Development, LLC and Port St. Lucie Governmental Finance Corporation in conjunction with development of Tradition, Southern Grove and Western Grove communities. Staff recommended the Board consent to the Assignment and Transfer of Public Road Impact Fee Credits to Mattamy Palm Beach Development, LLC and Port St. Lucie Government Finance Corporation, and authorize the Chair to sign the Consent. Adopted by Consent Vote C. COMMUNITY SERVICES 1. Federal Transit Administration (FTA) Section 5311 Grant Amendment for Fiscal Year 21 - The FTA has awarded the county additional funds in the amount of $2,084.00 to the previous grant agreement approved on January 12, 2021. The county must accept the additional funds and provide an authorization resolution to the Florida Department of Transportation. The FTA Non -Urbanized Area Annual Formula Program (Section 5311) provides operating and capital assistance to eligible recipients that operate/contract public transportation services for non -urbanized rural and small urban areas. Staff recommended Board approval of the amended FY21 FDOT Block Grant (FM# 407185-3-84- 01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. Adopted by Consent Vote D. FACILITIES 1. St. Lucie County Aquarium/Smithsonian Marine Station A/C Unit Replacement Staff recommended Board approval to proceed with the Direct Purchase of the Trane Package Units via US Communities proposal number H6-59919-1 in the amount of $27,026.00 and approve, 5 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM replacement work by Trane via US Communities #40-125310-21-002 at a cost of $24,754.00, and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote E. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise - Notice of Public Hearing - Comprehensive Plan Text Amendment to Policy 1.1.8.1.b. to revise the minimum open space ratio to be consistent with percentages identified in the Land Development Code for all Planned Developments. Staff recommended Board authorization to advertise the proposed ordinance for first of three (3) hearings. The first before the Planning and Zoning on March 18, 2021 at 6:00 P.M., or as soon thereafter as may be heard. Adopted by Consent Vote F. PUBLIC UTILITIES 1. Hydrant, Valve Box, Manhole Covers, Maintenance & Repair Services Staff recommended the Board approve the piggyback contract between St. Lucie County and Hydromax USA. Adopted by Consent Vote 2. Sewage Cake Sludge, Dewatering, Hauling and Disposal - Sole Source Contractor with Synagro South, LLC - ITEM AMENDED Staff recommended the Board approve the contract with Synagro South, LLC as a sole source contract as reviewed and approved by the County Attorney. Adopted by Consent Vote 3. Award of Bid No. 21-025 - Waste Tire Processing and Recycling from the St. Lucie County Baling & Recycling Facility Staff recommended Board approval of the award of Bid No. 20-025 for Waste Tire Processing to Liberty Tire of Fort Pierce, and a secondary contract to CL Reynolds Incorporated Tire of Tampa, FL, and authorization for the Chair to sign the contracts as approved by the County Attorney. 6 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Adopted by Consent Vote G. PUBLIC WORKS 1. RES 21-029 - SR A1A North Causeway Bridge over the ICWW - Highway Maintenance Memorandum of Agreement (HMMOA) with FDOT Staff recommended Board approval of Highway Maintenance Memorandum of Agreement (HMMOA) FM No.429936-2 (attached) with Florida Department of Transportation (FDOT) and attached Resolution # 2021-29 for replacing the SR A1A North Causeway Bridge over the Intracoastal Waterway and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Repairs of Keen Road Bridge over Taylor Creek and Taylor Dairy Road Bridge over FPFWCD Canal 1 Staff recommended Board acceptance of Keen Road Bridge over Taylor Creek and Taylor Dairy Road Bridge over FPFWCD Canal 1 Bridge Repairs Project. Adopted by Consent Vote 3. Resolution No. 21-039- Indian River Lagoon -South C-23/24 Stormwater Treatment Area Memorandum of Understanding with SFWMD. The C23/24 Stormwater is part of the Comprehensive Everglades Restoration Plan (CERP) Indian River Lagoon -South project and will provide significant water quality improvement to the St. Lucie Estuary and the Indian River Lagoon. This item seeks to provide easements for the installation and maintenance of stormwater appurtenances within the County right-of-way and provides for the transfer of real property to the County for future roadway corridor planning purposes. Staff recommended Board approval of the Memorandum of Understanding (MOU) No. 4600004178 between St. Lucie County and the South Florida Water Management District and the Resolution for the construction of the C-23/24 Stormwater Treatment Area and authorization for the Chairman to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 7 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 5310 Deleon Avenue in Fort Pierce, St. Lucie County, Florida Katherine Barbieri, Assistant County Attorney presented to the Board. Staff recommended that the Board give the Code Enforcement Department permission to proceed to use the lowest responsive bidder to demolish the structure and clean the properties of all junk, trash, and debris, and assess the entire cost of such demolition against the real property, which shall constitute a lien payable to St. Lucie County, according to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws. The Building Inspector examined the property on September 16, 2020, and will again in February 2021. It has been determined to be unsafe and to constitute a public nuisance. The building is damaged, deteriorated, or defective to such an extent that the cost of restoration or repair will exceed fifty (50) percent of the value thereof after restoration or repair. On October 20, 2020, the Board of County Commissioners declared the building to be unsafe and constituting a nuisance authorizing a public hearing to be held to consider the appropriate action to abate safety hazards. On February 3, 2021, the building owner applied for a property permit to repair and rebuild the property. The property owner has signed an agreement to submit for a variance by April 1, 2021; meet with the adjustment Board by April 20, 2021, and if granted by the Board he would need to complete the repairs by December 2021. Also, an ad was placed in a local newspaper that ran once a week for four (4) consecutive weeks. Staff is recommending the Board enter into an agreement with the property owner and continue the hearing until May 4, 2021, at 6:00 pm and soon thereafter may be heard by then staff will know if the property owner followed through with the Variance Board for approval. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Linda Bartz- spoke with Staff only Commissioner Frannie Hutchinson - spoke with Staff only Commissioner Sean Mitchell - spoke with Staff only Commissioner Cathy Townsend- spoke with Staff only Chair Chris Dzadovsky - spoke with Staff only A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell 8 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2. Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 3315 Avenue A in Fort Pierce, St. Lucie County, Florida Katherine Barbieri, Assistant County Attorney presented to the Board. Staff recommended that the Board give the Code Enforcement Department permission to proceed to use the lowest responsive bidder to demolish the structure and clean the properties of all junk, trash, and debris, and assess the entire cost of such demolition against the real property, which shall constitute a lien payable to St. Lucie County, according to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws. The building was inspected by the Building Official on September 16, 2020, and again in February 2021. The building is damaged, deteriorated, or defective to such an extent that the cost of restoration or repair will exceed fifty (50) percent of the value thereof after restoration or repair. The building is manifestly unsafe and unsanitary for use as single-family dwellings. On October 20, 2020, the Board of County Commissioners declared the building to be unsafe and constituting a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety hazards. As of March 3, 2021, no permits have been applied for to bring the structure up to date. All interested parties have been notices via certified mail, posting, and a conversation with the property owners' son on donating the property but Habitat for Humanity has no interest in the property. Also, an ad was placed in a local newspaper that ran once a week for four (4) consecutive weeks. Staff recommends that the Board gives Code Enforcement Department the approval to proceed with demolishment of the property. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Linda Bartz- spoke with Staff only Commissioner Frannie Hutchinson - spoke with Staff only Commissioner Sean Mitchell - spoke with Staff only Commissioner Cathy Townsend- spoke with Staff only Chair Chris Dzadovsky - spoke with Staff only A motion was made to approve staff recommendation and it passed unanimously. 9 1 P a g e BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 3. Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 7407 Deer Park Avenue in Fort Pierce, St. Lucie County, Florida Katherine Barbieri, Assistant County Attorney presented to the Board. Staff recommended that the Board give the Code Enforcement Department permission to proceed to use the lowest responsive bidder to demolish the structure and clean the properties of all junk, trash, and debris, and assess the entire cost of such demolition against the real property, which shall constitute a lien payable to St. Lucie County, according to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws. After hearing on February 5, 2020, the testimony of Robert Treadwell Davidson, who claims to be the son of the deceased homeowner, and facts within the case were presented. The St. Lucie County Code Enforcement Board ordered staff to bring the property to the Board of County Commissioners as the Code Enforcement Board found the property to be a serious threat to public health, safety, and welfare. The staff of Code Enforcement met with Mr. Davidson in the County building to look at ways to correct the situation. Mr. Davidson agreed to make the changes. In follow up with the property it was inspected again, and staff found no action was taken to correct the situation as discussed. The listed property owner, Hazel B. Bright, took ownership by warranty deed on March 18, 1981, the believed date of death was in 2007. Since then there has been a title search on the property, and it has been no evidence that Hazel B. Bright's estate has ever been probated. On September 15, 2020, the Board of County Commissioners declared the building to be unsafe and constituting a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety hazards. As of March 3, 2021, no permits have been applied to bring this structure up to date. An ad was also, placed in a local newspaper to run once a week for four (4) consecutive weeks as notification of the public hearing. A copy of the Notice was also sent to the owner and Mr. Davidson via certified mail on January 4, 2021, also notice was posted on the property on January 5, 2021. Staff recommends that the Board gives Code Enforcement Department the approval to proceed with demolishment of the property. Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board: Tami Alexander, 7409 Deer Park Ave, a neighbor of the property expressed concerns about code 101 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM enforcement violations and the unsafe structure. Also, expressed interest in the purchase of the property once it is demolished. Robert Davidson, 7302 Pacific Ave, owner of the property expressed concerns about the proposed demolition. Advised the Board he has an attorney willing to help him summary probate the property within 20 days, due to several inquiries on the purchase of it. Requesting the Board to allow him until the next meeting to have the property probated and sold. Doug Harvey Building Inspector Official commented on the evident damage of the property and the utilization of the value shown on the property appraisers' website the property's market value is around $98,000.00 the cost of restoration or repair will exceed fifty (50) percent totaling $50,000.00. The level of damage that currently exists and the opening of the roof for over a year have damaged the trusses with vegetative growth, water damage, and rootage. Expressed the concern of neighboring properties and health hazards. Commissioner Cathy Townsend advised Mr. Davidson when and if everything moves forward, he asked for 20 days but he may have at least 30 days to follow through with the request to probate the property for a potential sale. Katherine Barbieri, Assistant County Attorney commented adding her final recommendation for the Board to grant permission to proceed using the lowest responsive bidder to demolish the structure and clean the property, and to place a lien on it allowing the property to remain Mr. Davidson's. If ordered they will wait until the 30th day to send in the demolition crew which will allow more time. That would give the standard amount of time to appeal any decision. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Linda Bartz- spoke with Staff only Commissioner Frannie Hutchinson - spoke with Staff only Commissioner Sean Mitchell - spoke with Staff only Commissioner Cathy Townsend- spoke with Staff only Chair Chris Dzadovsky - spoke with Staff only A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 11 1 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM 4. Ordinance Amending Chapter 10, (Buildings and Building Regulations) of the St. Lucie County Code of Ordinances and Compiled Laws Katherine Barbieri, Assistant County Attorney presented to the Board. Staff recommended the Board approve the draft Ordinance. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, according to Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing certification through certificates of competency issued to competent, qualified contractors, according to Chapter 10, St. Lucie County Code of Ordinances and Compiled Laws. Section 489.105(10), Florida Statutes envisions country regulation of the construction and home improvement industries. With the implementation of Chapter 10 of the Code of Ordinances for St. Lucie County, it has become evident that modification regarding the procedures for the appeal of disciplinary proceeds that went before the Contractors Examining Board needs to be provided. The proposed amendments are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. October 21, 2020, the Contractor's Licensing Board approved the draft ordinance unanimously. February 2, 2021, the Board of County Commissioners granted permission to advertise the proposed ordinance. Staff recommends the Board's approval as drafted. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Hardscapes, Inc. - Rezone Amendment to the Official Zoning Atlas (Rezoning) from U (Utilities) to CG (Commercial General) Zoning District for a 2.88-acre property located at 6690 N US Highway 1. 121 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Tahir Curry Associate Planner with the Planning and Development Services Department presented to the Board. Staff recommended the Board approve the Rezone Petition from the U (Utilities) Zoning District to the (Commercial General) Zoning District. Public hearing notice under Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on February 18, 2021, letters were mailed to property owners within a 500-foot radius, and a sign posted on the property. The property has Frontage on US 1 and Old Dixie Highway and is approximately 6,000 feet south of Indian River County. The purpose of this land use designation is to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. Office and general retail uses are considered the principal uses within the commercial designated areas. The subject property has a zoning designation of Utilities. This designation corresponds with the prior radio station facility and communications tower on -site. The proposed Rezone Petition will conform to the minimum lot standards under the Land Development Code Section 7.04.01 for the commercial general zoning district. The rezoning request to Commercial General will provide for reuse of the site as a retail showroom and design center for hardscapes, and their associated contractor offices. The property owners are currently working on on -site improvements to bring the site into code compliance. This petition conforms to the standards of review as outlined 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. On January 21, 2021, the Planning and Zoning Commissioner voted unanimously to forward this petition to the Board of County Commissioners with a recommendation of approval. Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board: Brad Curry with Engineering Design and Construction on behalf of local business applicants commented on the rezoning and retail showroom and design center for hardscapes, and their associated contractor offices in the North part of the County. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - spoke with Staff only Commissioner Sean Mitchell - spoke with Staff only Commissioner Linda Bartz- No Disclosures Commissioner Cathy Townsend- spoke with Staff only Chair Chris Dzadovsky - spoke with Staff only A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy 131 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Townsend NAYS: None EXCUSED: None 2. Capron Trails Mine - 20-Year Mining Permit Amendment Bethany Grubbs Planning Technician presented to the Board. Staff recommended Board approval of Addendum #1 to the existing Mining Permit. The applicant, Stewart Materials, LLC, operating as Capron Trails Mine, is requesting to amend the existing Class II (20-year) Mining Permit which was approved in 2018 to expand the existing rock and sand mining operation. Under public notice requirements and the Land Development Code, a notice of hearing was placed in the St. Lucie News Tribune on February 17, 2021, a sign posted on the property, and letters were mailed to property owners within a 500-foot radius. The 1,938-acre Capron Trails Mine is located at 13700 Indrio Road, Fort Pierce. The property is bounded by 195 to the northeast, agricultural lands to the north and west, and mined land to the southeast. With this Amendment Indro Land Group, LLC will remain the property owner with Stewart Materials, LLC as an operator. Staff recommends the Board approve Addendum #1 to Mining Permit and authorize the Chair to sign documents as approved by the County Attorney, subject to the following conditions: • All State and Federal permits shall be provided to Environmental Resources Department (ERD). • No mining shall occur in Phase II of Tract 4C and Tract 4D until a State Program Permit is received. • Within two weeks the Board Approved reclamation bond must be in place. All or a portion of the bond may be released prior to the conclusion of the five-year monitoring period. • Upon completion of all mining activities all Category I invasive exotic vegetation shall be removed from within the mining permit project boundary. • Prior to the issuance of vegetation removal permit/exemption, listed species surveys shall be updated. • Prior to the issuance of vegetation removal permit/exemption, the applicant must provide a georeferenced shaped file to the Environmental Resources Department (ERD). • Any future developments shall require providing upland buffer plantings around the final lake shoreline. • And any Mining activities within 660 ft. of the bald eagle nest shall be restricted to outside of nesting season (Oct 1-May 15) when the nest is documented to be active. No mining activities shall occur within 330 ft. of the nest. Staff recommends the approval to the existing Mining Permit and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 141 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Linda Bartz- spoke with Staff only Commissioner Frannie Hutchinson - spoke with Staff only Commissioner Sean Mitchell - spoke with Staff only Commissioner Cathy Townsend- spoke with Staff only Chair Chris Dzadovsky - spoke with Staff only A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 3. Text Amendment to the Land Development Code for Planned Developments (PUD, PNRD, PMUD) - First Reading Benjamin Balcer Assistant Director of Planning and Development Services presented to the Board. Staff recommended Board approval of the First Reading amending the Land Development Code for Planned Developments (PUD, PNRD, PMUD). Planning & Development Services Staff was approached by the St. Lucie County Chamber of Commerce and the Development Review Taskforce to amend certain Land Development Code (LDC) regulations to promote local economic development and combat the effects of the COVID-19 pandemic. Under the public notice requirements, notification of hearing was advertised in the St. Lucie News Tribune on February 25, 2021. The goal of the Amendment is to promote the planned development process which will lead to superior quality projects using creative design options and public amenities. The draft ordinance changes highlights in the proposed LDC Amendments for Preliminary and Final Submittal Requirements: • Amending language from Growth Management Director Planning and Development Services Director and revising language to be consistent Section 11.02.10 A-B. • Amend application review for Preliminary and Final Site Plans for Planned Developments to be consistent with proposed changes within Section 11.02.10 A-B. • Shift submittal requirements for Preliminary Planned Development approval from the Preliminary stage to the Final Planned Development Approval. • Corresponding change as a result of changing the submittal requirements for Preliminary Planned Development approval. None of the submittal requirements are removed, just 151 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM shifted to the final approval stage. The preliminary planned development submittals are designed to promote and shift the development approval to the Final Site Plan stage and do not reduce submittal requirements, only change the timing, and reduces frontloaded costs of preliminary approvals. The Planning and Zoning Commission, at their January 21, 2021 meeting, voted unanimously to recommend approval of the proposed text amendments. Staff is recommending the Board's authorization to schedule the second public hearing at the April 6, 2021 meeting for the Land Development Code Text Amendments altering the submittal requirements for Preliminary Planned Development approval and allowing Final Planned Development approval to follow the typical Minor or Major Site Plan process. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: C. PUBLIC WORKS APPROVE Commissioner District 5 Cathy Townsend Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None 1. Rainbow Drive 1 MSBU - Final Assessment Resolution - potable water Barbara Guettler, MSBU Coordinator presented to the Board. Staff recommended Board approval of the Rainbow Drive 1 MSBU. The proposed residential development West of Rainbow Drive plan to extend potable water and wastewater lines down Rainbow Drive to provide utility services to Ravinia. The location is South of Midway Road and West of 25th Street. There are twenty parcels in the proposed Rainbow Drive 1 MSBU. Balloting results depict that six out of the seven ballots returned are in favor of creating the Rainbow Drive 1 MSBU to fund potable water and fire protection improvements, resulting in 85.71% property owner approval. In December 2020, the Board approved the Notice of Intent Resolution, January 2021, the Reimbursement Agreement with Ravinia, February 2021 the Initial Assessment Resolution, and the approval of an interlocal agreement with St. Lucie County Tax Collector. The revenue generated by the collection of special assessments for the Rainbow Drive 1 MSBU will be utilized to repay the in-house loans obtained to fund the construction of the potable water and fire protection improvements to the parcels within 161 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM the MSBU. Funds will be deposited into the Rainbow Drive 1 MSBU fund. Staff recommends Board approval of the Rainbow Drive 1 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2. Rainbow Drive 2 MSBU - Final Assessment Resolution - wastewater improvements Barbara Guettler, MSBU Coordinator presented to the Board. Staff recommended Board approval of the Rainbow Drive 2 MSBU. The proposed residential development West of Rainbow Drive plan to extend potable water and wastewater lines down Rainbow Drive to provide utility services to Ravinia. The location is South of Midway Road and West of 25th Street. In February 2021, the Board approved the Initial Assessment Resolution, which described the property located within the Rainbow Drive 2 MSBU, provided for the imposition of assessments therein, estimated the cost to be funded through special assessments, established the method of apportioning the special assessment among affected real property, directed the assessment coordinator to prepare a preliminary assessment roll, approved the interlocal agreement with the City of Port St, Lucie. There are twenty-two parcels in the proposed Rainbow Drive 2 MSBU. Balloting results depict that five out of the eight ballots returned are in favor of creating the Rainbow Drive 2 MSBU to fund wastewater improvements, resulting in 62.5% property owner approval. The revenue generated by the collection of special assessments for the Rainbow Drive 2 MSBU will be utilized to repay the in- house loans obtained to fund construction of the wastewater improvements to the parcels within the MSBU. Funds will be deposited into the Rainbow Drive 2 MSBU fund. Staff recommends Board approval of the Rainbow Drive 2 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 171 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 10. REGULAR AGENDA A. ADMINISTRATION APPROVE Commissioner District 5 Cathy Townsend Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None 1. Comet Media - First Amendment to their Contract to Copywrite and Design Print and Internet Vaccine Communications and Advertisements Erick Gill, Division Director presented to the Board. Staff recommended Board approval of the contract amendment as presented in the attachment and authorization for the Chair to sign documents as approved by the County Attorney. The health department request St. Lucie County to provide funding to outsource the communication plan with Comet Media through the CARES Act dollars. Due to the large variety of communication channels needed to disseminate vaccine information (print, web, radio, internet, social media, etc.), and the urgency to get the information out as quickly as possible, the Administration and Communications Division is seeking a contract with Comet Media to create the general advertisements that will be placed according to the communications plan that they developed for the health department. On December 16, St. Lucie County agreed with Comet Media Group to assist the Health Department in creating a comprehensive communications plan to facilitate public understanding regarding the rollout of the COVID-19 vaccines, especially among priority groups. The vaccine communications services to be provided by Comet Media will be paid out of CARES Act reimbursement funds with the Boards approval for vaccine communication. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz 181 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 2. Four Factor Analysis and Language Access Plan Authorization Letter for Submission of the Pre - application for the Community Development Block Grant -CV Grant Program - ADD ON Courtney Calderon Legislative Affairs Grants Coordinator presented to the Board. Staff recommended the Board to authorize the Chair to sign the Four Factor Analysis and Language Access Plan. Legislative Affairs will be applying for Small Cities funding under the Florida Community Development Block Grant-Coronavirus (CDBG-CV) program. The program is designed to help local governments prepare for, prevent, or respond to the health and economic impacts of COVID-19. The program must primarily benefit the low- and moderate -income residents allowing one application per activity. This plan will help identify the Limited English Proficient (LEP) persons and create a framework to include them in the grant process. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None B. COUNTY ATTORNEY 1. Stewart Mining - Mining Extraction Fee Agreement Staff recommended that the Board approve the Mining Extraction Fee Agreement and authorize the Chair to sign the agreement. 191 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM Dan McIntyre County Attorney commented, the applicant Stewart Materials, LLC, proposed a voluntary extraction fee of $0.05 per ton of mined material extracted and sold from the site which will be provided to the County for environmental enhancement and conservation activities including but not limited to purchase of conservation land, restoration of public land to a more natural state, maintenance and management of conservation lands, and such other direct expenditures for environmental enhancement and conservation uses. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2. Florida Development Finance Corporation - ADD ON Consent to Issuance of Solid Waste Revenue Bonds on behalf of Waste Pro USA, Inc. for acquisition of machinery and equipment for Waste Pro's St. Lucie County facilities. Dan McIntyre County Attorney presented to the Board. Staff recommends the Board adopt proposed Resolution No. 2021-49, as drafted. Waste Pro anticipates using bond revenues in an amount not to exceed $9,700,000.00 to obtain new equipment for the facilities located within the County, including but not limited to new solid waste containers and compactors. As set forth in the proposed resolution, the bonds shall not constitute an indebtedness or pledge of the general credit or taxing power of the County. The proposed project lies within St. Lucie County, the Florida Development Finance Corporation (FDFC) is required to obtain approval from the Board of County Commissioners for the bond issuance. Proposed Resolution No. 2021-49 has been drafted for that purpose. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None 201 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM EXCUSED: None C. AIR & SEA PORT 1. Permission to Draft and Execute New Contract with Volaire Aviation Inc. - ADD ON Stan Payne, Director of Air & Sea Port presented to the Board. Staff recommended approval to draft and execute new contract with Volaire Aviation and Consulting, Inc. which will allow them to continue providing Aviation Related Professional Services for the Airport, and for the Chairman and County Attorney to sign all required documents. Volaire Aviation previously performed an Economic Impact Analysis for the Airport which included potential institution of commercial service/charter operations, as well as supplying information and guidance on commercial air service industry developments. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER AYES: NAYS: EXCUSED: 11. ANNOUNCEMENTS APPROVE Commissioner District 5 Cathy Townsend Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None A. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 16, 2021 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 23, 2021 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 21 1 Page BOCC Regular Meeting Tuesday, March 2, 2021 6:00 PM There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 221 Page