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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
April 6, 2021 Convened: 6:01 PM
Adjourned: 11:18 PM
1. CALL TO ORDER
The meeting was called to order at 6:01 PM by Chair Chris Dzadovsky, District No. 1
Present
Commissioner Sean Mitchell District 2, Commissioner Chris Dzadovsky District 1, Commissioner Frannie
Hutchinson District 4, Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3
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 Services Director
Erick Gill, Communications Division Director
Amy Griffin, Environmental Resources Director
George Landry, Solid Waste Division Director
Bethany Grubbs, Planning Technician
Vera Smith, Deputy Clerk Recording Secretary
2. INVOCATION
The County Administrator led the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT (excluding Public Hearing Items)
Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed
BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
the Board.
Robert Mucklow, 1891 S.E. Aides Ln., Port St. Lucie, presented the Board with information regarding the
distribution of Cares Act Funding.
Mark Gotz, Mark Gotz, P.O. Box 881237, Port St. Lucie, presented the Board with information regarding
the distribution of Cares Act Funding.
Richard Sinnott, 1025 Jamaica Ave, Fort Pierce, presented the Board with information regarding the
Covid-19 policy and Cares Act Funding distribution.
Diane Goldberg, 6470 NW Volusia Drive, Port St. Lucie, presented the Board with information regarding
vehicle purchase and lease agreements for electric car charging stations.
There being no one else wishing to address the Board, Chair Dzadovsky closed public comment.
5. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the BOCC Regular meeting of February 2, 2021
B. Board of County Commissioners minutes for the BOCC Joint meeting of February 4, 2021
C. Board of County Commissioners minutes for the BOCC Informal meeting of February 9, 2021
D. Board of County Commissioners minutes for the BOCC Regular meeting of March 2, 2021
E. Board of County Commissioners minutes for the BOCC Informal Meeting of March 16, 2021
F. Board of County Commissioners minutes for the BOCC Special Meeting of March 16, 2021
6. PROCLAMATIONS APPROVAL
A. Resolution No. 21-052 - Proclaiming the Week of April 18-24, 2021 as "Days of Remembrance" and
Wednesday, April 21, 2021, as "Holocaust Remembrance Day" in St. Lucie County, Florida -ATTACHMENT
/_101L4i M
The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution,
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
and it passed unanimously. Chair Dzadovsky presented the proclamation to Temple Beth El Israel Rabbi
Bruce Benson, who thanked the Board and accepted the proclamation.
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
B. Resolution No. 21-082 - Proclaiming April 18 through April 24, 2021, as "Volunteer Week" in St. Lucie
County, Florida
The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution,
and it passed unanimously. Chair Dzadovsky presented the proclamation to the staff of HANDS of St.
Lucie County, Lisa Hatch Executive Director, Lori Ullrich Clinic Manager, Dr. Gene Manko Chief Medical
Officer, Dr. John Kinney Volunteer Practitioner, and Board Member, Douglas Baber Board Member and
Board Member Kathryn Hensely, who thanked the Board and accepted the proclamation.
RESULT:
APPROVE
MOVER:
Commissioner District 3 Linda Bartz
SECONDER:
Commissioner District 2 Sean Mitchell
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
AYES:
Townsend
NAYS:
None
EXCUSED:
None
7. PRESENTATIONS
A. School District Graduation Rate and other Accolades
Dr. Jonathan Prince, St. Lucie Public Schools Deputy Superintendent of presented this item to the Board.
Staff shared a presentation of the 2020 graduation and acceleration rates for St. Lucie County Public
Schools and High Schools reporting St. Lucie County Public Schools at 93.2 % and Comprehensive High
Schools at 98.3%. The St. Lucie County District School graduation rate has been listed number (10) in
Florida over the past four years. Compared with Treasure Coast Districts of Indian River and Martin
County, all three counties are exceedingly above 90% in student graduations. The state ranked graduation
rates in category are as follows:
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
• 6t" ESE Graduation Rate -91.6%
9.0% higher than the State Average
• 7t" Hispanic
Graduation Rate at
94%
4.5% higher than the State Average
• 14t" Black Graduation Rate -92.5%
5.9% higher than the State Average
• 25t" White Graduation Rate —92.4%
0.7% higher than the State Average
The graduation rates at Fort Pierce Westwood Highschool have significantly increased over the past seven
years from 55% to 96% within all race sub -race groups Male and Female. Special recognition to Fort
Pierce Westwood High School staff helped the students with special tutoring and met their needs for the
increase in the acceleration rates. The increasing college and career readiness rate for seniors enrolled
are at 93% in St. Lucie County, with only 7% not enrolled or working on missing credits. The statistic
shows at least 77% of graduating students will have either college credit or industry certification putting
St. Lucie County within the top five in the state. St. Lucie County will have a Summer School Learning
Adventure Camp holding Three 2-week sessions for all ages.
8. CONSENT AGENDA
A motion was made to adopt the consent agenda, and it passed unanimously.
RESULT:
APPROVE
MOVER:
Commissioner District 2 Sean Mitchell
SECONDER:
Commissioner District 3 Linda Bartz
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend
NAYS:
None
EXCUSED:
None
A. WARRANTS
1. Warrant Lists 24 & 25
Adopted by Consent Vote
B. ADMINISTRATION
Is
BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
1. Authorization for County Administrator to Enter into an Agreement with RSM USA LLP for Compliance
with the American Rescue Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN
Alphonso Jefferson Deputy County Administrator presented this item to the Board. Staff recommended
Board authorization for the County Administrator to enter into an agreement with RSM, in a form
approved by the County Attorney's Office, to ensure compliance with the American Rescue Plan. Phase I
and Phase 11's total cost is estimated at $65,000.00 to be discussed at the upcoming Informal meeting
scheduled for May 11, 2021.
Item was pulled from the Consent Agenda for a separate vote and will be discussed at the BOCC Informal
May 11, 2021 meeting.
A motion was made to approve staff recommendation, and it passed (3) to (2).
RESULT:
APPROVE
MOVER:
Commissioner District 2 Sean Mitchell
SECONDER:
Commissioner District 3 Linda Bartz
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz
NAYS:
Frannie Hutchinson, Cathy Townsend
EXCUSED:
None
2. Authorization for County Administrator to Enter into Sub -Recipient Agreements or Agreements for
Projects Under the American Rescue Plan - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN
Alphonso Jefferson Deputy County Administrator presented this item to the Board. Staff recommended
the Board to authorize the County Administrator to negotiate and enter into sub -recipient agreements
or agreements necessary to effectuate the delivery of Board approved projects to meet the guidelines
established by the US Treasury, as reviewed and approved by the County Attorney.
Item was pulled from the Consent Agenda for a separate vote and will be discussed at the BOCC
Informal May 11, 2021 meeting.
A motion was made to approve staff recommendation, and it passed (3) to (2).
RESULT:
APPROVE
MOVER:
Commissioner District 2 Sean Mitchell
SECONDER:
Commissioner District 3 Linda Bartz
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz
NAYS:
Frannie Hutchinson, Cathy Townsend
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
EXCUSED: None
3. Authorization for the Creation of a Legislative Affairs Grants Coordinator Position Responsible for the
Administration of the County's American Rescue Plan - THIS ITEM IS RELATED TO THE AMERICAN
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Alphonso Jefferson Deputy County Administrator presented this item to the Board. Staff recommended
the Board to authorize the creation of a new position within administration under the Legislative
Affairs Division as a Legislative Affairs Grants Coordinator. This position will be responsible for
administering and reporting the County's American Rescue Plan and the County's grant writing
program.
Item was pulled from the Consent Agenda for a separate vote and will be discussed at the BOCC
Informal May 11, 2021 meeting.
A motion was made to approve staff recommendation, and it passed (3) to (2).
RESULT:
MOVER:
SECONDER
AYES:
NAYS:
EXCUSED:
C. COUNTY ATTORNEY
APPROVE
Commissioner District 2 Sean Mitchell
Commissioner District 1 Chris Dzadovsky
Chris Dzadovsky, Sean Mitchell, Linda Bartz
Frannie Hutchinson, Cathy Townsend
None
1. Sixth Amendment to Interlocal Agreement with St. Lucie County Sheriff's office - Traffic Control and
Security - St. Lucie County Sports Complex - CO2-02-261
Staff recommended the Board approve the amendment to the interlocal agreement and authorize the
Chair to sign the agreement.
Adopted by Consent Vote
2. Permission to Advertise - an Ordinance amending the St. Lucie County Land Development Code to
provide for enforcement of the Land Development Code by the Code Enforcement Board; to provide
for certain appeals to be heard by the Board of Adjustment, and to provide for a change in the name of
the Standard Housing Code to the Minimum Housing Standards
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Staff recommended permission to advertise a proposed ordinance for a public hearing before the Local
Planning and Zoning Commission on April 15, 2021, and two (2) public hearings before the Board of
County Commissioners.
Adopted by Consent Vote
3. Agreement with Inframark, LLC for the Purchase and Sale of Vehicles and Equipment - Memorandum
of Understanding
The staff recommended that the Board ratify the Purchase and Sale of Vehicles and Equipment
agreement and the Memorandum of Understanding as signed by the County Administrator.
Adopted by Consent Vote
4. Permission to Advertise - Proposed Ordinance No. 21-07 Amending Chapter 32, Public Property, to
create Article VII, "Affordable Housing Property Sales and Leasing Standards and Procedures"
Staff recommended permission to advertise proposed Ordinance No. 21-07 for public hearing on April
20, 2021, at 9:00 a.m., or as soon thereafter as may be heard.
Adopted by Consent Vote
1. St. Lucie County Transit Title VI Plan.
As a recipient of Federal Transit Administration (FTA) funds, St. Lucie County's Transit Division is
required to have a Title VI Plan on file with the FTA and the Florida Department of Transportation
(FDOT). Title VI of the Civil Rights Act of 1964 prohibits exclusion from participation, denial of benefits,
or being subject to discrimination under any program or activity receiving federal financial assistance
on the grounds of race, color, or national origin.
Staff recommended Board approval of the St. Lucie County Title VI Plan and authorization for the Chair
to sign applicable documents as approved by the county attorney and the Florida Department of
Transportation.
Adopted by Consent Vote
E. FACILITIES
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
1. Sheriff's Hangar Door Replacement Project
Staff recommended Board approval to proceed with awarding Bid No:21-032 to Close Construction, LLC
in the amount of $80,821.00 and authorize the Chair to sign the agreement as approved by the County
Attorney.
Adopted by Consent Vote
F. PUBLIC UTILITIES
1. Capital Lease - D6-20VP Dozer and D5-17VP Dozer Tax Lease Agreements
Staff recommended the Board authorize staff to enter into a long term capital lease with Kelly Tractor,
with option to buy, for a new D5 Caterpillar Track Type Tractor and a new D6 Caterpillar Track Type
Tractor from Florida Sheriff's Association Contract# FSA18-VEH16.0, Specification#64, at the following
costs following review and approval from the County Attorney.
Adopted by Consent Vote
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1. Award Bid No. 21-030 Harmony Heights Phase I North Construction of Driveways - THIS PROJECT IS
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Staff recommended Board approval to award Bid No. 21-030 to the lowest responsive and responsible
bidder, A Thomas Const. Inc. In the amount of $159,058.15 and authorization for the Chair to sign
documents as approved by the County Attorney.
Adopted by Consent Vote
2. Grant Acceptance - Florida Inland Navigation District (FIND) Grant funds through South Florida Water
Management Governmental Agreement No. 4600004386 to construct the Taylor Creek Restoration
Muck Removal Project
Staff recommended Board acceptance of Florida Inland Navigation District (FIND) Grant funds through
South Florida Water Management Governmental Agreement No. 4600004386 in the amount of
$2,488,180.00 to construct the Taylor Creek Restoration Muck Removal Project, and authorization for
the Chairman to sign documents as approved by the County Attorney.
Adopted by Consent Vote
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance No. 2021-008 - Repeal of Ordinance No. 2020-021- County Mask Ordinance
Daniel McIntyre County Attorney and Alphonso Jefferson Deputy County Administrator presented this
item to the Board. On July 28, 2020, the Board adopted Ordinance No. 2020-021, providing mandatory
requirements for face coverings in public places. At the Board's March 16, 2021, Informal Meeting, the
Board indicated a desire to hold a public hearing on April 6, 2021, to consider whether to repeal
Ordinance No. 2020-021. On March 23, 2021, the Board granted permission to advertise a draft
ordinance. With the reduction in new cases within St. Lucie County and the increasing efforts to
vaccinate the population, eliminating the requirement for masks in public places. Based on recent
information and data from the St. Lucie County Department of Health, the number of confirmed cases
of COVID-19 in St. Lucie County has decreased in the last 30 days. Staff recommended that the Board
adopt Ordinance No. 2021-008 and authorize the Chair to sign the Ordinance.
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Art Argento
• Victor Rodriguez
• Diane Goldberg
• Matthew Tinsley
• Thomas Fisher
• Logan Zimmerman
• Michael Knight
• Michael Smith
• Lidia Pilch
• John Moler
• Claudia (unknown last name)
• Laura Barnes
• Deborah Kellog
• Patricia Davis
• Leigh Lamson
• Deborah Swanson
• Kristen Roland
• Mike Browser
• Matthew Pilch
• Jill Ritten
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing.
A motion was made to approve staff recommendation, and it passed (4) to (1).
RESULT:
APPROVE
MOVER:
Commissioner District 5 Cathy Townsend
SECONDER:
Commissioner District 4 Frannie Hutchinson
AYES:
Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend
NAYS:
Chris Dzadovsky
EXCUSED:
None
B. PLANNING & DEVELOPMENT SERVICES
1. FPL Sundew Solar Energy Center - Conditional Use Permit to construct and operate a 74.5 Mega -Watt
(MW) Photovoltaic Solar Center on a 483.87- acre parcel within the AG-5 (Agriculture - 1du/5ac) Zoning
District, and located approximately one (1) mile west of Glades Cut -Off Road and Carlton Road
intersection - Targeted Industry - THIS ITEM IS QUASI-JUDICIAL
Jodi Nentwick St. Lucie County Planning and Development Services Senior Planner and Scott Scovill
Senior Project Manager of Sundew Solar Energy Center presented this item to the Board. Florida Power
and Light Company (FPL) is requesting a conditional use permit to allow the construction and operation
of a 74.5 MW Photovoltaic Solar Center on +/-483.87 acres of agricultural land approximately one (1)
mile west of Glades Cut-off Road and Carlton Road intersection. The subject property lies outside the
urban services boundary and is zoned AG-5 (Agricultural-5), consistent with AG-5 (Agricultural-5) future
land use designation. The proposed solar generation center is within two (2) miles of an existing FPL
transmission line. It will create clean, renewable energy by converting sunlight via photovoltaic solar
arrays into direct current (DC) electricity. The applicant is requesting a waiver from the 10% maximum
lot coverage requirement of Land Development Code Section 7.10.28. The Environmental Resources
Department supports this waiver based upon the remote site location and potential shading conflicts.
Staff recommended the Board grant a Conditional Use Permit to construct and operate a solar power
generation station on a 483.87-acre parcel land located within the AG-5 (Agriculture - 1du/5ac) Zoning
District.
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding
this item:
Chair Chris Dzadovsky - Spoke with Staff and Representative
Commissioner Linda Bartz - Spoke with Staff and Representative
Commissioner Sean Mitchell - Spoke with Staff and Representative
Commissioner Cathy Townsend - Spoke with Staff and Representative
Commissioner Frannie Hutchinson - Spoke with Representative and Representative
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Diane Goldberg
• Mary Burton
There being no one else 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 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. Happy Foods Agricultural Labor Housing - Conditional Use Petition to allow four (4) dwelling units
for Agricultural Labor Housing on a 706.63-acre parcel within the AG-5 (Agriculture - 1du/5ac) Zoning
District, located at 29800 Orange Avenue, Fort Pierce, FL 34945 - THIS ITEM IS QUASI-JUDICIAL
Staff recommended the Board grant a conditional use petition to allow four (4) dwelling units for
Agricultural Labor Housing on a 706.63-acre parcel of land located within the AG-5 (Agriculture -
1du/5ac) Zoning District.
A motion was made to continue the item to the BOCC Regular May 4, 2021 meeting, and it passed (4)
to (1).
RESULT: APPROVE
MOVER: Commissioner District 3 Linda Bartz
SECONDER: Commissioner District 4 Frannie Hutchinson
AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson
NAYS: Cathy Townsend
EXCUSED: None
3. A County initiated Text Amendment to the Land Development Code for Planned Developments (PUD,
PNRD, PMUD) -Adoption Hearing
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Benjamin Balcer Planning and Development Services Assistant Director presented this item to the
Board. Planning and Development Services staff was approached by the St. Lucie County Chamber of
Commerce and the Development Review Taskforce to amend specific Land Development Code (LDC)
regulations to promote local economic development and combat the effects of the COVID-19
Pandemic. Staff has taken the opportunity to identify areas within the LDC to expand flexibility through
Administrative approvals, waivers, and phase in improvements. These are anticipated to be permanent
changes to the LDC and require Board approval by Ordinance. Staff recommended the Board adopt
Ordinance 2021-9, to amend Planned Development Site Plan submittal requirements; and allow these
required items to be provided during the Final Site Plan stage, streamlining the regulatory process.
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Brad Curry
There being no one else 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
4. A County initiated 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 - Transmittal Hearing
Jodi Nentwick, Planning and Development Services Senior Planner presented this item to the Board.
The Comprehensive Plan Future Land Use Element and the Land Development Code have inconsistent
percentages for open space requirements. The open space standards for Planned Developments per
gross acreage are:
• Planned Unit Development requires 35% open space.
• Planned Non -Residential Development requires:
• 20% less than 10 gross acres
• 35% more than 10 gross acres
• Planned Mixed Use Development requires 35% open space.
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
The proposed amendment will clarify the discrepancy between the County's Comprehensive Plan and
Land Development Code and allow for the regulations of open space standards for Planned
Development Projects through the Land Development Code text. Staff recommended the Board of
County Commissioners approve the transmittal of the Comprehensive Plan Text Amendment to Florida
Department of Economic Opportunity (DEO) to allow for specific open space requirements for Planned
Developments to be regulated through the Land Development Code, further scheduling on Adoption
Hearing on June 1, 2021.
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 2 Sean Mitchell
SECONDER:
Commissioner District 4 Frannie Hutchinson
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
AYES:
Townsend
NAYS:
None
EXCUSED:
None
5. A County initiated Text Amendment to the Land Development Code to broaden staff's ability to provide
Administrative approvals, waivers, and an opportunity to phase required improvements to encourage
new business, and help existing businesses by streamlining the regulatory process - First Reading
Benjamin Balcer, Planning and Development Services Assistant Director, Leslie Olson Planning and
Development Services Director and Amy Griffin Environmental Resources Director presented this item
to the Board. Staff has coordinated with the St. Lucie County Chamber of Commerce and the
Development Review Taskforce to identify and amend certain regulations to stimulate the local
economy to combat the effects of the COVID-19 Pandemic. Staff has taken this opportunity to identify
areas within the Land Development Code to expand flexibility through Administrative approvals,
waivers, and phase in improvements. These are anticipated to be permanent changes to the Land
Development Code (LDC) and require Board approval by Ordinance.
Staff recommended Board authorization to schedule the second Public Hearing for the Land
Development Code Text Amendments to broaden staff's ability to provide Administrative approvals,
waivers, and an opportunity to phase required improvements to encourage new business, and help
existing businesses by streamlining the regulatory process.
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
• Diane Goldberg
• Lee Dobbins
There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing.
A motion was made to continue the item to the BOCC Regular June 1, 2021 meeting, 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
6. Comprehensive Plan Text Amendment: Amending the Port Sub -Element to incorporate the 2020 Port
Master Plan - Transmittal Hearing
Kori Benton, Assistant Planning Manager presented this item to the Board. In May 2020, St. Lucie
County initiated the 2020 Port Master Plan update alongside Moffatt & Nichol and Atkin's consulting
team through a publicly engaged plan -making process. The Master Plan, accepted by the Board of
County Commissioners in November 2020 and presented to the City of Fort Pierce Commission in
December 2020, is pending formal incorporation into the County's Comprehensive Plan. This Plan
identifies a roadmap to achieve a diverse working waterfront that embraces new industries, centered
on expanding economic and social benefits to the citizens and businesses of St. Lucie County and the
Treasure Coast. Staff recommended the Board approve the Comprehensive Plan Text Amendment's
transmittal to incorporate the 2020 Port Master Plan into the Comprehensive Plan, further scheduling
an Adoption Hearing on June 1, 2021.
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 4 Frannie Hutchinson
SECONDER: Commissioner District 3 Linda Bartz
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
Townsend
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
NAYS: None
EXCUSED: None
7. Dr. Leonard Holtzman is requesting a Major Adjustment to the Planned Non -Residential Development
(PNRD) known as Holtzman Office Building to include professional services uses eligible within the CN
(Commercial, Neighborhood) and CO (Commercial, Office) zoning designations for a subject property
located at 7791 S US Highway 1, Port Saint Lucie. - THIS ITEM IS QUASI-JUDICIAL
Tahir Curry Planning and Development Services Associate Planner presented this item to the Board. Dr.
Leonard M. Holtzman is requesting a Major Adjustment to the Planned Non -Residential Development
(PNRD) to allow professional uses within the CN (Commercial, Neighborhood) and CO (Commercial
Office) zoning designations. The proposed Major Adjustment seeks to include commercial and
professional office uses within the existing building. The previous approval on April 23, 1991, was solely
for a medical chiropractor office. Staff recommended approval of the Major Adjustment to the PNRD
Zoning District for Holtzman Office Building.
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding
this item:
Chair Chris Dzadovsky - Spoke with Staff
Commissioner Linda Bartz - Spoke with Staff
Commissioner Sean Mitchell - Spoke with Staff
Commissioner Cathy Townsend - Spoke with Staff
Commissioner Frannie Hutchinson - Spoke with Staff
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 2 Sean Mitchell
SECONDER:
Commissioner District 5 Cathy Townsend
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
AYES:
Townsend
NAYS:
None
EXCUSED:
None
8. St. Lucie County Selvitz Road Rezone. - Amendment to the Official Zoning Atlas (Rezoning) from I
(Institutional) to U (Utilities) Zoning District. The 27.49-acre petition site is located on the Southwest
corner of Selvitz Road and Energy Land.
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
The purpose of this request is to allow for the development and operation of St. Lucie County Transit
service hub, with operational offices and maintenance facilities. THIS ITEM IS QUASI-JUDICIAL
Tahir Curry Planning and Development Services Associate Planner presented this item to the Board.
The petitioner, St. Lucie County Transit Division, Community Services, on behalf of the Board of County
Commissioners, is requesting an Amendment to the Official Zoning Atlas for a change in zoning
(Rezoning) from the I (Institutional) Zoning District to the U (Utilities) Zoning District for a vacant 27.49-
acre property located at Southwest corner of Selvitz Road & Energy Lane. The purpose of this request is
to allow for the development and operation of a St. Lucie County Transit service hub, with operational
offices and maintenance facilities. Staff recommended the Board approve the Rezone Petition from the
(Institutional) Zoning District to the U (Utilities) Zoning District.
This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding
this item:
Chair Chris Dzadovsky - Spoke with Staff
Commissioner Linda Bartz - Spoke with Staff
Commissioner Sean Mitchell - Spoke with Staff
Commissioner Cathy Townsend - Spoke with Staff
Commissioner Frannie Hutchinson - Spoke with Staff
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Dennis Murphy
There being no one else 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
9. Proposed Text Amendment to Land Development Code, Section 7.10.12 - Scrap, Waste, Recycling
Operations.
A petition submitted by Engineering Design and Construction, Inc., on behalf of Richard Sampson and
Lucky 13 Holdings, LLC, requesting a Text Amendment to Land Development Code Section 7.10.12 for
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Scrap, Waste, Recycling Operations. The Text Amendment proposes to amend the supplemental
standards for land clearing and yard trash recycling operations to allow an alternative clean stabilized
surface as the base area for stockpile staging, in addition to a concrete or asphalt surface, and to allow
the access aisles between the stockpiles to be constructed of other paved surface that is acceptable to
the County, in addition to a concrete or asphalt surface. - First Reading
Bethany Grubbs Planning and Development Services Planner and Leslie Olson Planning and
Development Services Director presented this item to the Board. On August 17, 1999, the Board of
County Commissioners adopted the supplemental standards for yard trash and debris operation via
Ordinance 99-003. The design standards require all base areas on which the stockpiles are located be
constructed of either a concrete surface, asphalt surface, or other clean all-weather stabilized surface
that is acceptable to the County. Staff recommended Board authorization to schedule the second
Public Hearing for the Land Development Code Text Amendment to amend the supplemental standards
for land clearing and yard trash recycling operations to allow an alternative clean stabilized surface as
the base area for stockpile staging, in addition to a concrete or asphalt surface, and to enable the
access to aisles between the stockpiles to be constructed of other paved surfaces that is acceptable to
the County, in addition to a concrete or asphalt surface.
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Brad Curry
• Diane Goldberg
There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing.
A motion was made to continue the item to the BOCC Regular April 20, 2021 meeting, and it passed (4)
to (1).
RESULT:
MOVER:
SECONDER
AYES:
NAYS:
EXCUSED:
10. REGULAR AGENDA
A. COUNTY ATTORNEY
APPROVE
Commissioner District 5 Cathy Townsend
Commissioner District 3 Linda Bartz
Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend
Chris Dzadovsky
None
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
1. Resolution No. 21-071 - Ratification of the County Administrator's Order No. 21-007 regarding
Retaining St. Lucie County Fire District to provide Vaccine Administration Services
Dan McIntyre County Attorney presented this item to the Board. On March 17, 2020, the St. Lucie
County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency
(St. Lucie County Declaration of Emergency). Paragraph 2 of that Declaration of Emergency provides
that the County Administrator may take all actions necessary and appropriate to protect human life
and property, to the extent necessary to accommodate the emergency. Staff recommended the Board
approve Resolution No. 21-071 ratifying the County Administrator's Order No. 21-007 dated March 15,
2021 retaining St. Lucie County Fire District to provide vaccine administrative services.
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
2. Second Addendum to Lease and Franchise Agreement with Derecktor Fort Pierce, LLC for the
Development and Operation of the Terminal at the Port of Fort Pierce - C19-04-378
Dan McIntyre County Attorney presented this item to the Board. On April 16, 2019, the County entered
into a Lease Agreement with Derecktor Fort Pierce, LLC to develop and operate the former Indian River
Terminal at the Port of Fort Pierce. The parties entered a First Addendum to the Lease on October 22,
2019. Derecktor has determined that it is in its best interest of the project to hire individual contractors
for various work. The County is identified as an "Additional Insured" on all the policies. Moreover,
Derecktor remains liable to the County for any damages caused by its operations, including its
contractors' construction work. The County is also still requiring payment and performance bonds as
required by Florida Statutes Section 255.05. Staff recommended that the Board approve the second
addendum and authorize the Chair to sign the addendum.
A motion was made to approve staff recommendation, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 4 Frannie Hutchinson
SECONDER: Commissioner District 3 Linda Bartz
AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
NAYS:
EXCUSED:
Townsend
None
None
3. Amended and Restated Seaport Grant Funding Agreement with Derecktor Fort Pierce, LLC
Dan McIntyre County Attorney presented this item to the Board. The County initially received two (2)
seaport grants from the State of Florida Department of Transportation ("FDOT"). The County recently
applied for and received an additional Seaport Grant from the Florida Department of Transportation
(FDOT) to fund Terminal Improvement Project described in the Amended and Restated Agreement.
This Grant will be placed on the Board of County Commissioners April 20, 2021 agenda for
consideration by the Board. The total combined local match for the two (2) grants is $1,046,230.95.
Staff recommended that the Board approve the Amended and Restated Seaport Grant Funding
Agreement and authorize the Chair to sign the Amended and Restated Agreement subject to final
review and approval of the County Attorney.
Chair Dzadovsky passed the gavel to Vice -Chair Sean Mitchell. Commissioner Dzadovsky made a motion
to approve (staff recommendation). After the vote, Vice -Chair Mitchell passed the gavel back to
Commissioner Dzadovsky, and he retained his position as Chair.
A motion was made to approve staff recommendation, and it passed unanimously.
RESULT:
APPROVE
MOVER:
Commissioner District 1 Chris Dzadovsky
SECONDER:
Commissioner District 3 Linda Bartz
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
AYES:
Townsend
NAYS:
None
EXCUSED:
None
4. 4240 McCarty Road, Fort Pierce
Katherine Barbieri, Assistant County Attorney, and Ben Balcer Assistant Planning Director presented
this item to the Board. On or about March 4, 2021, the property at 4240 McCarty Road, Fort Pierce was
sold to Mr. Chandler Kamenesh. The property is approximately a 10.8-acre parcel with split zoning
designations of R/C (Residential/Conservation) and AG-5 (Agricultural-5). The property appears to have
a single-family residence and several outbuildings in the residential conservation zone. Mr. Kamenesh
has been issued licenses by Florida Fish and Wildlife Conservation Commission ("FWC") to possess
wildlife as follows:
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
• CLASS 1 - This licensee IS Authorized to Possess Class I Wildlife
CROCODYLIA Less than 4 feet in length only, per Rule 68A-6.010, F.A.C.
• CLASS 2
• CLASS 3
CROCODYLIA Less than 4 feet in length only, per Rule 68A-6.010, F.A.C.
ALL CLASS III MAMMALS EXCEPT CAPUCHIN, SPIDER, AND WOOLLY MONKEYS ETC.
The County has received objections to the permits from neighboring citizens concerned with the
commercial activity in the area. The County Attorney has requested Lewis, Longman, and Walker, P.A.,
the County's environmental special counsel to review the facts upon which Florida Fish and Wildlife
Conservation Commission ("FWC's") decision to issue the permits referenced above are based. Staff
recommended the Board authorize staff to review the facts upon which Florida Fish and Wildlife
Conservation Commission's ("FWC") decision to issue the permits is based to determine if any legal
action is appropriate, including but not limited to filing the petition for administrative hearing as
approved by the County Attorney.
Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed
the Board.
• Mark Cristaldi (St. Lucie County Fire Division Chief)
• Mike Monahan
• Winnie Burns
• Debbie Platts
• Margaret Monahan
There being no one else 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:
APPROVE
Commissioner District 3 Linda Bartz
Commissioner District 4 Frannie Hutchinson
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
Townsend
None
None
5. Aero Shade Technologies, Inc. - Mutual Settlement and Release Agreement - ADD ON
Dan McIntyre County Attorney presented this item to the Board. The County entered into a Lease with
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Aero Shade Technologies, Inc. in 2009 for property owned by the County located at 3104-3106
Industrial Avenue 3, Fort Pierce, FL 34946. The Lease allowed Aero Shade to use the property to
manufacture aviation products. The Lease further included three (3) phases of construction where Aero
Shade agreed to demolish and replace or rebuild the two (2) existing buildings on the property and
construct a new building with the Lease time specified. The term of the Lease was 40 years. During the
Lease term, Aero Shade constructed "improvements" to the property which were not appropriately
permitted, including a connecting building between the two existing buildings. Aero Shade created
access holes in the middle building to allow access to the building on either side. Aero Shade also did
renovations to the existing buildings without proper permits or inspections. Aero Shade added rooms
to both buildings as well. During the middle building construction, the outside second -floor fire egress
of the east building was removed. The County filed an eviction action against Aero Shade Technologies,
Inc. on July 15, 2019, based on the County's termination of a commercial lease agreement for property
owned by the County.
On March 1, 2021, the Court granted final summary judgment in favor of the County, finding that the
County substantially complied with the Lease's notice requirements and any defect in the notice was
non -material and minor. On March 31, 2021, at the direction of the Court, County staff and
representatives of Aero Shade Technologies, Inc, participated in a second mediation regarding the
eviction of Aero Shade from 3104 and 3106 Industrial Avenue 3. The parties reached a settlement
agreement in the conclusion of the mediation, County staff agreed to present a Mutual Release and
Settlement Agreement to the Board for consideration. Staff recommended the Board approve the
proposed Mutual Settlement and Release Agreement with Aero Shade Technologies, Inc. and authorize
the Chair to sign the settlement agreement prepared by the County Attorney.
A motion was made to approve staff recommendation, and it passed unanimously.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
B. PARKS & RECREATION
I_j22:191TI"
Commissioner District 2 Sean Mitchell
Commissioner District 4 Frannie Hutchinson
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
Townsend
None
None
1. Brightview Golf Maintenance Contract - ATTACHMENT AMENDED
Matt Baum Parks and Recreation Facilities Department Manager and Mark Cammarene Golf Course
Manager presented this item to the Board. The purpose of this Request for Proposal is to select a
qualified firm with experience in on -going turf management and other related golf course and ground
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
maintenance. The selected firm will be responsible for all tasks necessary for providing all
maintenance, supplies, equipment, and staff to perform all normal functions required to maintain
quality playing conditions. This includes, but is not limited to greens mowing, cup changing, moving tee
markers, grooming, maintaining quality turfgrass, fertilizing, spraying, aerification, over -seeding,
mowing and purchasing materials and supplies up to maintain the course at the highest level of playing
standards. The maintenance of grounds and bodies of water in and around the golf course and
clubhouse will also be the selected firm's responsibility.
The selected firm will be required to retain a stable/reliable staff and will be expected to compensate
all employees for all positions with competitive salaries comparable to those in our immediate
surrounding area. The selected firm shall indoctrinate and train all employees in the county's
schedules, philosophies, and public relations concerns. Contractor's personnel shall conduct all work
operations and courteously dealing with the public. Each employee shall be trained in the proper
cleaning, handling and operation of golf course maintenance equipment and supplies. The County has
strongly recommended the Contractor tender employment to existing golf course maintenance staff
providing them with the first right of refusal. Staff recommended Board approval of the Committee's
recommendation and permission to:
Award contract to BrightView Golf Maintenance and authorization for the Chair to sign the documents
as prepared by the County Attorney with the following conditions being met:
• All Golf Course Maintenance staff desiring to continue employment with St. Lucie County will be
transferred to similar positions within the Parks and Recreation Department and maintain their
current classification, pay, benefits and accrued time and attendance benefits.
• Wage and benefit packages offered to current employees who choose employment with
BrightView shall be competitive with industry standards as specified by the Golf Course
Superintendent Association (GCSAA) for like facilities within the Treasure Coast area.
• If any current Golf Course employee chooses to accept employment with BrightView Golf
Maintenance, they may return to a County position with the same pay rate and classification
within 29 days and maintain all their accrued benefits.
• BrightView Golf Maintenance will commit to not terminating any current golf course employees
staying at Fairwinds Golf Course during the term of this agreement except for cause with proper
warning and documentation. In order to ensure that any such action is proper, BrightView will
conduct an onsite review of the situation by both our Vice President/General Manager and our
corporate Human Resources department. Within the constraints of employee privacy,
BrightView will notify the County of the intended action and the basis for the action.
A motion was made to approve staff recommendation, and it passed unanimously.
MOVER: Commissioner District 2 Sean Mitchell
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BOCC Regular Meeting Tuesday, April 6, 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. Naming of Lawnwood Softball Complex
Matt Baum St. Lucie County Parks and Recreation Interim Director and Commissioner Jeremiah
Johnson City of Fort Pierce Commissioner presented this item to the Board.
Lawnwood Regional Park Softball fields #1 and #2 are located on Quincy Avenue in Fort Pierce and
remain unnamed to date. Staff recommended Board approval to name the Lawnwood Softball
Complex "Layne Chesney Softball Complex" in honor of this remarkable young woman who touched
the lives of so many. Ms. Layne Chesney was a standout softball player and an inspiration to all that
knew her.
Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed
the Board
• Leah Johnson
• Storm White
• Lexi Johnson
• Amelia Zargoza
There being no one else wishing to address the Board, Chair Dzadovsky closed public comment.
Item was pulled from the Regular Agenda and presented before the Proclamation Approval.
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
C. PLANNING & DEVELOPMENT SERVICES
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
Happy Foods Agricultural Labor Housing - Major Site Plan to allow four (4) dwelling units
for Agricultural Labor Housing on a 706.63-acre parcel within the AG-5 (Agriculture - 1du/5ac) Zoning
District, located at 29800 Orange Avenue, Fort Pierce, FL 34945.
Staff recommended the Board approve the Major Site Plan to develop four (4) Agricultural Labor
Housing dwellings on a 706.63-acre parcel of land located within the AG-5 (Agriculture - 1du/5ac)
Zoning District, contingent upon the corresponding Conditional Use Permit.
A motion was made to continue the item to the BOCC Regular May 4, 2021 meeting, and it passed (4)
to (1).
RESULT: APPROVE
MOVER: Commissioner District 3 Linda Bartz
SECONDER: Commissioner District 4 Frannie Hutchinson
AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson
NAYS: Cathy Townsend
EXCUSED: None
2. FPL Sundew Solar Energy Center is requesting a Major Site Plan approval to construct and operate a
74.5 Mega -Watt (MW) Photovoltaic Solar Center on a 483.87-acre parcel within the AG-5 (Agriculture -
1du/5ac) Zoning District, and located approximately one (1) mile west of Glades Cut -Off Road and
Carlton Road intersection - Targeted Industry
Jodi Nentwick St. Lucie County Planning and Development Services Senior Planner and Scott Scovill
Senior Project Manager of Sundew Solar Energy Center presented this item to the Board. Staff
recommended the Board adopt Resolution 2021-75, approving the Major Site Plan for a solar
generation station subject to the conditions set forth in the resolution.
Item heard along with the Public Hearing item 9 (B) 1.
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
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BOCC Regular Meeting Tuesday, April 6, 2021 6:00 PM
EXCUSED: None
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold an Informal meeting on Tuesday, April 13, 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, April 20, 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
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.
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