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HomeMy WebLinkAboutMinutes 06.01.2021t oLUCE1� c4' o R'° BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 1, 2021 Convened: 6:01 PM Adjourned: 8:59 pm 1. CALL TO ORDER The meeting was called to order at 6:01 pm by Chair Chris Dzadovsky District No. 1 Present Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5, Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda Bartz District 3 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney Don West, Public Works Director Stan Payne, Director of Port and Airport Leslie Olson, Planning & Development Services Director Erick Gill, Communications Division Director George Landry, Solid Waste Division Director Patrick Dayan, Water Quality Division Manager Kori Benton, Planning & Development Services Senior Planner Tahir Curry, Planning & Development Services Associate Planner Doug Harvey, Code Enforcement Board Building Supervisor Joshua Revord, Coastal Engineering Caroline Valentin, Assistant County Attorney Linda Pendarvis, Planning and Development Services Planning Manager Jodi Nentwick, Planning and Development Services Senior Planner Pete Tesch, Economic Development Council President Benjamin Balcer, Planning and Development Services Assistant Director Jennifer McGee, Senior Environmental Planner Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 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 the Board. Mark DeRosa presented that Board with information regarding a petition to lower property taxes and millage rates. Carolyn Niemczyk presented that Board with information regarding staffing and millage rates. Jefferey Miller presented that Board with information regarding high property taxes. Drew Wrightman presented that Board with information regarding property taxes and millage rates. Thornwood Haven presented that Board with information regarding property taxes and millage rates. There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Joint Meeting of May 6, 2021. B. Board of County Commissioners minutes for the BOCC Regular Meeting of May 4, 2021. C. Board of County Commissioners minutes for the BOCC Informal Meeting of May 11, 2021 D. Board of County Commissioners minutes for the BOCC Regular Meeting of May 18, 2021. 2 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A motion was made to approve staff recommendations, 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 33 & 34 Adopted by Consent Vote B. ADMINISTRATION 1. Acceptance of Emergency Rental Assistance Program (ERAP) 2 Funding in the amount of $3,021,222.20 and the Award Terms and Conditions as Set Forth by the American Rescue Plan Act of 2021 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board acceptance of ERA2 funding in the amount of $3,021,222.20, approval of the Emergency Rental Assistance Award Terms and Conditions, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. AIR & SEA PORT 1. Grant Termination - FDOT Joint Participation Agreement for Fisherman's Wharf Bulkhead Construction Staff submitted a Florida Seaport and Transportation Economic Development (FSTED) reallocation request letter at the April 1, 2021, FSTED meeting to reallocate funding from the subject project to the new Harbour Pointe Development Project. This reallocation request was approved and will move the $456,927.00 to the new Harbour Pointe Project but requires the existing grant to be terminated. Staff 3 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM will work with FDOT to have the funding placed on the new agreement and will return to the Board for grant acceptance as soon as that process is complete. Staff recommended Board approval and authorization for the Chair to sign documents as approved for the County Attorney for the grant termination for the Joint Participation Agreement for the Fisherman's Wharf Bulkhead Project in the amount of $456,927.00, allowing the reallocation of these funds to the Harbour Pointe Development grant in the State's new fiscal year. Adopted by Consent Vote 1. Revocable License Agreement - 192 NE Caprona Avenue - River Park - Unit 4 - Dayli Fonseca - Parcel ID 3419-530-0281-000-6 Ms. Fonseca is requesting a Revocable License Agreement to be allowed to install a 6' aluminum fence with gates along the sides of her property within the County's 6' Drainage/Utility Easement and along the rear of the property within the County's 10' Drainage/Utility Easement. Public Works, Water Quality, Road & Bridge, and Engineering have all reviewed the Revocable License Agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Ms. Fonseca pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Resolution - Easement from the City of Port St. Lucie - Parcel ID 3420-615-0451-000-3 - St. James Drive Sidewalk Project The County is completing the final phase of the sidewalk project on St. James Drive from NE Royce Avenue to NE Lazy River Parkway. To finalize the connection to the existing sidewalks, the County needs an Easement at this location from the City of Port St. Lucie. The proposed Easement and Resolution are attached for your review and approval. The Easement has been reviewed and approved by the County Attorney, Public Works Department, and the Assistant County Surveyor. Staff recommended the Board accept the Sidewalk Easement Agreement, authorize the Chair to sign the Easement, and direct staff to record the Easement in the public records of St. Lucie County, Florida. 4 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM Adopted by Consent Vote 3. Revocable License Agreement - 134 SE Serenata Court - River Park - Unit 5 - Dawn and Dimitrios Argyiou - Parcel ID 3419-540-0148-000-3 Mr. and Mrs. Argyiou are requesting a Revocable License Agreement to be allowed to install a 4' chain link fence with three gates along the front of their property, a 4' chain link fence along the sides of their property within the County's 6' Drainage/Utility Easement and along the rear of their property within the County's 10' Drainage/Utility Easement. Road & Bridge, Water Quality, and Engineering have all reviewed the Revocable License Agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. and Mrs. Argyiou pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 5706 Killarney Avenue - Lakewood Park - Unit 11 - Andrew Houle - Parcel ID 1301-613-0035-000-3 Mr. Houle is requesting a Revocable License Agreement to be allowed to install a 4' chain -link fence with a gate along the front of his property, a 4' chain -link fence along the North side of his property, a 4' chain -link fence along the front half of the Southside of the property, a 6' wood fence on the rear half of the Southside of the property, and a 6' wood fence along the rear of his property within the County's 10' Drainage/Utility Easement. Water Quality, Road & Bridge, and Engineering have all reviewed the Revocable License Agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. Houle pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Resolution - Rename SE Waterfall Lane (Tract R2) to SE Collins Lane on the Plat of Veranda - Plat No. 1 recorded in Plat Book 60, Pages 39 to 41 in the Public Records of St. Lucie County, Florida Property Acquisition staff and the City of Port St. Lucie staff contacted the only affected landowner WP VERANDAPSL MF-FL-OWNER, LLC, to resolve the duplication of Waterfall Lane. 5 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM The street name of Collins Lane was submitted and has been reviewed and approved by the Public Safety, City of Port St. Lucie, and Property Acquisition Division. Staff recommended the Board approve renaming SE Waterfall Lane to SE Collins Lane, authorize the Chair to sign the Resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 6. Project Bullet - Economic Incentives Resolution for Proposed 427,000 Square Foot Food Distribution Facility which will Create 380 New Jobs *Item pulled from the Consent Agenda for a separate vote. Pete Tesch presented this item to the Board. The Cheney Brothers company proposed to construct a new distribution facility in the City of Port St. Lucie. Once completed, the company will create 380 new jobs at the facility with an average hourly wage more than the average hourly wage in St. Lucie County. According to economic incentives resolutions, the County offers a Job Growth incentive grant and an Economic Development Ad Valorem Exemption to locate its new facility within St. Luce County. Therefore, staff recommended the Board adopt the proposed Resolution as drafted. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 7. Florida Development Finance Corporation - Resolution Consenting to Issuance of Educational Facilities Revenue Bonds for Renaissance Charter School, Inc. Staff recommended the Board adopt the proposed Resolution, subject to final review and approval by the County's bond counsel as to legal form and correctness. Adopted by Consent Vote E. COMMUNITY SERVICES 6 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 1. Amendment to the Contract between St. Lucie County and Benevate, Inc to Increase the Service Fee Amount by $63,854.00 Utilizing Administrative Costs Allowable by the Emergency Rental Assistance Program Funded by the U.S. Department of the Treasury and CARES Reimbursement Funding Staff recommended Board approval of the contract amendment between Benevate Inc. and St. Lucie County in the amount of $63,854.00, subject to approval as to legal form and correctness by the County Attorney; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. INFORMATION TECHNOLOGY 1. Crown Castle Internet Services Staff recommended Board approval of the Crown Castle contract and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $558,635. Adopted by Consent Vote 2. Award of Bid No. 21-036 - Water and Sewer Monitoring Services for Various County Facilities Staff recommended Board approval to award Bid No. 21-036, Water and Sewer Monitoring Services for various County Facilities, to Meeks Plumbing, Inc., of Vero Beach, and authorization for the Chairman to sign the documents as approved by the County Attorney. Adopted by Consent Vote H. PARKS & RECREATION 1. Parks and Special Facilities Interlocal Agreement with SLC Sheriff's Office Staff recommended approval of the interlocal agreement as drafted by the County Attorney. Adopted by Consent Vote 7 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM I. PLANNING & DEVELOPMENT SERVICES 1. Waterstone PUD Phase Four - Final Plat for One -hundred and Fifty-two (152) Townhome Lots *Item pulled from the Consent Agenda for a separate vote. Kori Benton Planning and Development Senior Planner, George Landry Solid Waste Division Director, and Tahir Curry Planning and Development Associate Planner presented this item to the Board. The Waterstone PUD, formerly known as Emerson Estates, was approved by the Board of County Commissioners on December 2, 2003, via Resolution 03-240 for a plan of 544 Single-family Lots and 176 Multiple -family units. Phases One, Two, and Three previously platted 494 lots completed or underactive home development. Upon completion of Phase Four, the potential for 74 single-family lots (47ft. wide section) remains. The applicants are requesting approval of the Final Plat for 152 individual townhome lots within the Waterstone PUD to be known as Phase Four. The Waterstone PUD is consistent with the RU, Residential, Urban Future land use, and the project is within the Urban Service Boundary. The applicant will execute a Subdivision Improvement Agreement(s) before the Final Plat recording to guarantee sidewalk construction and miscellaneous improvement for the subject lots. Staff recommended the Board approve the Waterstone PUD Phase Four Final Plat and authorize the Chair to sign documents as approved to form by the County Attorney, conditioned upon a successful landscape inspection before recording. Chair Dzadovsky opened the item for public comment at this time. The following people addressed the Board. • Matthew Markofsky • Donna Gallagher • Susie Karen There being no one else wishing to address the Board, Chair Dzadovsky closed the public comment. A motion was made to approve staff recommendations, and it passed (4) to (1). RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: Sean Mitchell EXCUSED: None 8 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 2. TCERDA Quad 1A - Final Plat for Seven (7) Development Lots & One (1) Common Area Open Space Tract Staff recommended the Board approve the TCERDA Quad 1A Final Plat (Replat) and authorize the Chair to sign documents as approved by the County Attorney, conditioned upon approval of a Subdivision Improvement Agreement (SIA) and associated surety for completion of required infrastructure prior to recording. Adopted by Consent Vote J. PUBLIC SAFETY 1. Budget Amendment Approval for the use of Direct Administrative Costs (DAC) under FEMA's Hurricane Irma (DR4337) Obligated Funds - ITEM PULLED PRIOR TO MEETING *Item was pulled from the Consent Agenda prior to the meeting. Renewing of a Memorandum of Understanding (MOU) St. Lucie County and St. Lucie County School Board - for the Purpose of Carrying out Joint Responsibility in Providing Facilities, Staffing and Transportation for the Evacuation of Citizens in Preparation for or Following a Disaster Staff recommends approval of the MOU between the County and the School Board. Adopted by Consent Vote K. PUBLIC UTILITIES 1. Award CDM Work Authorization No. 12 - Deep Injection Well Feasibility Study for St. Lucie County Baling and Recycling Facility and Taylor Dairy Road Regional Potable Water and Water Reclamation Plant Staff recommended Board approval to authorization the Chair to execute CDM Smith Work Authorization No. 12 Contract C19-09-790 for professional engineering services for a not -to -exceed total cost of $111,310.00 after final review and approval by the County Attorney. Adopted by Consent Vote L. PUBLIC WORKS 1. Proposal for Amendment No. 3 to Contract C17-08-532 to Increase the Cost of the Project by $35,000.00 Staff recommended the Board approve request to increase the project an additional $35,000.00 and appro Chair to sign the documents as approved by the County Attorney. 9 1 P a g e BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM Adopted by Consent Vote 2. Dogs and Cats Forever - Payment in Lieu of Sidewalk Construction located at 4600 Selvitz Road. Developer request for the County to accept funds in the amount of $13,860.00 to be used for the County's Sidewalk Program in lieu of construction of the required sidewalk. Staff recommended Board approval of the fee -in -lieu of construction agreement with the Dogs and Cats Forever Inc., in the amount of $13,860.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. After the Fact Board Approval of FEC Coordination Fees for the Crossing at Edwards Road in the amount of $163,250.13 - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval of the After the Fact payment of $163,250.13 and increased the project budget by $163,250.13 Adopted by Consent Vote M. SHERIFF'S OFFICE 1. Law Enforcement Impact Fee Request Staff recommended Board approval of the Sheriff's Office Law Enforcement Impact Fee request and transfer of funds in the amount of $462,168.00. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. 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 the unsafe structure at 1764 W. Midway Road, Fort Pierce, FL Katherine Barbieri, Assistant County Attorney, and Doug Harvey Code Enforcement Board Building Supervisor presented this item to the Board. Building Officials examined the property of 1764 W. Midway Road on January 19, 2021, and again in March 2021. The building is damaged, deteriorated, or defective to such an extent that the repair cost 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. The building in its current condition constitutes a public nuisance. 101 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 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, pursuant 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. Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed the Board. • Greg Lyman • Delilah McKenna There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve the staff recommendation to continue the item to the July 6, 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 2. Ordinance No. 21-011- Update to Ordinance No. 10-025 - Amending the St. Lucie County Sustainability District ordinance to expand the types of qualifying improvements and to allow for the financing of qualifying improvements for both new and existing structures in accordance with section 163.08, Florida Statutes. Caroline Valentin, Assistant County Attorney, presented this item to the Board. The St. Lucie County Sustainability District's purpose is to accomplish energy efficiency and renewable energy improvements and broader sustainability issues, such as water conservation on residential and commercial properties, by financing such modifications to be repaid through non -ad Valorem assessments on the property owner's property taxes. The proposed amendment will allow additional financing of any qualifying improvements, including but not limited to wind resistance improvements. Also, to encourage, accommodate, and allow for the financing of qualifying improvements on commercial and residential property under new construction to the extent such financing is consistent with the Property Assessed Clean Energy (PACE) Statute. Staff recommended the Board approve the Ordinance and authorize the Chair to sign the Ordinance. 11 1 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 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 recommendations, 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 3. Ordinance No. 21-013 - An Ordinance amending Section 36-1 of the St. Lucie County Code and Compiled Laws prohibiting the erection of signs and structures within the right of way limits of any public road in the unincorporated areas of St. Lucie County Katherine Barbieri, Assistant County Attorney, presented this item to the Board. On March 21, 1978, the Board of County Commissioners of St. Lucie County approved Ordinance No. 78-3 prohibiting the erection of signs and structures within the right of way limits of any public road in the unincorporated areas of St. Lucie County. The 1980 census states that the St. Lucie County population was 87,182. As of the 2010 census, St. Lucie County's population was 277,785. As of 2019 estimate, St. Lucie County population was 328,290. As the population grows, it is prudent to provide daily operational decisions to County Administrator or designee and provide an appeals provision. Therefore, staff recommended the Board approve the Ordinance and authorize the Chair to sign the Ordinance as drafted 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 recommendations, 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 121 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM B. PLANNING & DEVELOPMENT SERVICES Major Adjustment to the TCERDA Quad 1A Final Planned Development Site Plan - THIS ITEM IS QUASI- JUDICIAL Amending the Treasure Coast Education and Research (TCERDA) Park Quad 1A Planned Non - Residential Development to 1) Expand allowable uses in accordance with Land Development Code (LDC) Section 4.03.02. - Research and Education Park Overlay Zone — Zone A, 2) Delineate Proposed Lot Boundaries 3) Allow future Phases (Individual Lot Development) to be eligible for Minor Site Plan review, 4) Update the retention Pond Boundary 5) Provide an internal street design within Quad 1A and 6) Update the Quad 1A Design Review Standards Manual. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with Staff only Commissioner Linda Bartz - Spoke with Staff only Commissioner Sean Mitchell - Spoke with Staff only Commissioner Cathy Townsend - Spoke with Staff only Chair Chris Dzadovsky - Spoke with Staff and Kings Highway property owners Kori Benton, Planning and Development Services Assistant Planning Manager, presented this item to the Board. The proposal seeks to amend the Treasure Coast Research, Education and Development Park (TCERDA) Quad 1A Planned Non -Residential Development. The approved Quad 1A plan featured specific site development designs that did not account for evolving market demand and individual business needs. The research lab known as Sunshine Kitchen was developed in 2017, with accompanying access, drainage and infrastructure, landscaping, and common open space, including a 5.3-acre lake. This Phase 1 development, on proposed Lot 1, was a slight deviation from the original Plan, achieved via a Minor Adjustment. The proposal will provide greater flexibility for future build - out, expand eligible uses and amend other plan components to facilitate future phase development in Quad 1A. Treasure Coast Research, Education, and Development Park (TCERDA) are funding the Public Hearing costs totaling approximately $800 and design services to prepare the associated Plat that was completed during the prior fiscal year. Staff recommended the Board of County Commissioners approve the Major Adjustment to the Treasure Coast Research, Education and Development Park (TCERDA) Quad 1A Final Planned Non - Residential Development (PNRD) Site Plan, with the conditions provided in Resolution 2021-140, based upon substantial conformity with the approved Quad 1A PNRD Plan, consistency with the Comprehensive Plan and compliance with the Land Development Code. 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. 131 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM A motion was made to approve staff recommendations, 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. Text Amendment to the Land Development Code Recreational Vehicle Parks Section 7.10.16.Q.1, (Figure 7-34) d and f Permitted Specific Uses and Additions (TLDC-4202126004). Linda Pendarvis, Planning and Development Services Planning Manager, presented this item to the Board. The County initiated a text amendment to the Land Development Code proposing to amend the provisions for new construction or substantial improvements of any residential structure. Within the recreational vehicle, parks meet the Flood Resistant Construction chapter's requirements chapter of the current adopted Residential Florida Building Code. All onsite construction must meet the applicable Floodplain Management Regulations of Section 6.05.00, the Florida Building Code, and Section 13.00.00, requirements of the Land Development Code. Staff recommended the Board's authorization to schedule the second Public Hearing for the Land Development Code Text Amendment to revise the guidelines governing residential construction within Recreational Vehicle Parks to the July 6, 2021 Board of County Commissioners meeting. 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 the staff recommendation to continue the item to the July 6, 2021, regular meeting for a second public hearing, 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 141 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 3. Comprehensive Plan Text Amendment: Amending the Port Sub -Element to incorporate the 2020 Port Master Plan. Adopting the Updated Master Plan by reference, revising the Illustrative Master Plan, and associated updates to the Goals, Objectives, and Policies within the Port Sub -element. - Adoption Hearing Kori Benton, Planning and Development Services Assistant Planning Manager, presented this item to the Board. In May 2020, St. Lucie County initiated the 2020 Port Master Plan update alongside the consulting team of Moffatt & Nichol and Atkin 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. The Master Plan, developed through a public participation process, reflects extensive public input, coordination with property owners and stakeholders in the area, and is consistent with the adopted Comprehensive Plan Port Sub -element. Therefore, staff recommended the Board approve Ordinance 2021-010, adopting a Comprehensive Plan Text Amendment to incorporate the 2020 Port Master Plan. 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 recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend 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 -Adoption Hearing Jodi Nentwick, Planning and Development Services Senior Planner, presented this item to the Board. The Comprehensive Plan Future Land Use Element Policy 1.1.8.1.b. provides a standard minimum open space ratio of 35 percent (35%) for all planned developments. Land Development Code Section 7.02.03.H.1. - Open Space Standards for Planned Non-residential Developments states that projects containing less than ten (10) acres must commit a minimum of twenty percent (20%) of the gross land area as common open space. 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 151 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM standards for Planned Development Projects through the text of the Land Development Code. Staff recommended that the Board approve the Comprehensive Plan Text Amendment adoption to the Florida Department of Economic Opportunity (DEO) to allow for specific open space requirements for Planned Developments to be regulated through the Land Development Code. Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed the Board. • Lee Dobbins There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, 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 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 - Adoption Hearing Benjamin Balcer, Planning and Development Services Assistant Director, and Jennifer McGee, Senior Environmental Planner, presented this item to the Board. The staff has coordinated with the St. Lucie County Chamber of Commerce and the Development Review Taskforce to identify and amend specific regulations to stimulate the local economy to combat the effects of the COVID-19 pandemic. In addition, the staff has taken this opportunity to identify areas within the Land Development Code to expand flexibility through Administrative approvals, waivers, and phases in improvements. • Relief — Off -Street Parking and Loading • Landscape Buffer Areas • Airport Industrial Park — Storage Area Regulations • Telecommunications Tower Aesthetics • Planned Non -Residential Development (PRND) Open Space Standards requirement from 35% to 25% • Planned Mixed -Use Development (PMUD) Open Space Standards requirement from 35% to 161 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 25% • Designation of Minor Site Plans These are anticipated to be permanent changes to the Land Development Code and require Board approval by Ordinance. Staff recommended Board approval of Ordinance No. 2021-14 to amend 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 streamlining the regulatory process. Chair Dzadovsky opened the hearing for public comment at this time. The following people addressed the Board. • Lee Dobbins There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA 1. Acceptance of Coronavirus Local Fiscal Recovery Funds in the amount of $63,767,844.00 from the American Rescue Plan and approval of budget resolution - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Alphonso Jefferson, Deputy County Administrator, presented this item to the Board. The American Rescue Plan (ARP) Act of 2021 is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress and signed into law on March 11, 2021. St. Lucie County is scheduled to receive the funds allocated in two cycles: • The first 50% will be provided within 60 days of the bill being enacted ($31.8M) • The second 50% or remainder will be provided 12 months after receipt of the first allocation($31.8M) 171 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM The allowable uses are to respond to public health emergencies related to COVID-19 or the economic impacts and necessary investment in water, sewer, or broadband infrastructures. The internal budget transfers will be processed once the Board has given direction on the projects that will utilize these funds. Staff recommended Board approval of the award and acceptance of Coronavirus Local Fiscal Recovery Funds in the amount of $63,767,844.00, approval of the award, and approval of the Coronavirus Local Fiscal Recovery Funds Award Terms and Conditions, approval of a resolution establishing the budget; and authorization for the Chair to sign documents as approved by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None B. AIR & SEA PORT 1. Lease of MRO Hangar and Publication of RFQ for MRO Hangar at Treasure Coast International Airport Stan Payne, Air & Sea Port Director, presented this item to the Board. Staff developed a Request for Proposals (RFP) for operation and lease of the Maintenance and Repair Overhaul (MRO) hanger. The lone proposal was made during the height of the Covid-19 pandemic, and its impact on the Maintenance and Repair Overhaul (MRO) market was rejected by the Board, per staff recommendation. The Board authorized direct negotiations for the lease and operation of the Maintenance and Repair Overhaul (MRO) hanger-on on October 6, 2020. Those negotiations have not proven successful, and the staff is recommending that such negotiations be discontinued. • Staff recommended Board approval for staff to discontinue direct lease negotiations to lease the Maintenance and Repair Overhaul (MRO) hangar in accordance with FS 125.35. • Staff recommended Board approval for the issuance of a Request for Proposals (RFP) for the lease and operation of the 28,500 square foot hangar and related facilities at Treasure Coast International Airport, Fort Pierce, Florida, and consideration of proposals for expanded development opportunities. 181 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None C. COUNTY ATTORNEY 1. Resolution No. 21-085 - Opioid Litigation - Approval of the Florida Memorandum of Understanding (the "Florida Plan") Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County filed suit against various companies in what has been referred to as the "National Prescription Opiate Litigation." The State of Florida has also filed a lawsuit against the same companies. The State of Florida and lawyers representing various local governments, including St. Lucie County, have proposed a unified plan for allocating and using prospective settlement dollars from the opiate litigation. The proposed allocation agreement governs the distribution of settlement proceeds obtained through the Purdue bankruptcy, Mallinckrodt bankruptcy, and the opiate distributors names as Cardinal Health, McKesson Corp, and Amerisource Bergen Corp, and Johnson & Johnson and any additional settlements obtained related to the opioid litigation settlement funds must be utilized for strategies, programming, and services used to expand the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring Substance use and mental health disorders. The proposed Memorandum of Understanding (MOU) divides all settlement funds between three funds: (1) The City/County Fund; (2) The Regional Fund; and (3) The State Fund as follows: City/County Fund - 15% of the total settlement allocated to the State of Florida Regional Fund - Sliding scale between 30% and 40% of the total settlement allocated to the County State Fund - consists of the remaining 45% to 55% of the total settlement amounts. The Florida Attorney General's Office recommends that all local governments, including St. Lucie County, approve the proposed allocation. Staff recommended that the Board approve Resolution No. 2021-085 and authorize the Chair to sign the Resolution. Chair Dzadovsky opened the item for public comment at this time. The following people addressed the Board. • Eric Romano • Cynthia Angelos There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. 191 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM A motion was made to approve staff recommendations, 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, AYES: Townsend NAYS: None EXCUSED: None 2. Road Impact Fee Credit Agreement - Midway Glades Developers, LLC - LTC Ranch DRI - ATTACHMENT AMENDED Daniel McIntyre, County Attorney, presented this item to the Board. The LTC Ranch Development of Regional Impact ("LTC Ranch DRI") encompassed 2,455+ acres and was approved by St. Lucie County under Resolution No. 97-085. The portion of the LTC Ranch DRI lies east of 1-95, encompassing 388 acres annexed into the City of Port St. Lucie according to the Annexation Agreement executed on February 24, 2000, between LTC Joint Venture and the City and according to City Ordinance No. 00- 014. The portion of the LTC Ranch DRI lies west of 1-95. It encompasses 2,067+ acres annexed into the City according to the Third Amendment to the Annexation Agreement executed on March 27, 2002, LTC Join Venture the City Ordinance No. 02-126. Midway Glades Developers (MGD) have filed both an Application and a proposed Road Impact Fee Credit Agreement to request Road Impact Fee Credits for various activities, including but not limited to design, right-of-way dedication, and construction of road improvements. The total Estimated Roadway Improvement Cost for three (3) road projects is $34,362,466. Midway Glades Developers (MGD) is requesting road impact fee credits of $23,070,197.00 allocated as follows: • Midway Road Improvement = $5,241,390 • Glades Cut -Off Road Improvement = $10,300,628 • Arterial -A Road Improvement = $7,528,180 The draft St. Lucie County Transportation Planning Organization (TPO) 2045 Long Range Transportation Plan includes the proposed Midway Road Improvement as part of the proposed Needs Plan and Cost Feasible Plan to accommodate future growth. County staff believes the current Code provisions regarding credits against road impact fees should be reviewed and revised in light of recent state law governing impact fees. Therefore will include a provision that allows a property owner to transfer credits off -site and a provision that ties increases in credits to increases in impact fees. For the reasons stated, the County Attorney recommended that the Board approve the Road Impact Fee Credit Agreement with MGD and authorize the Chair to sign the agreement. 201 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 3. Resolution No. 21-136 - Ratification of Interlocal Agreement between Okeechobee County and St. Lucie County for Drug Testing Services Caroline Valentin, Assistant County Attorney, presented this item to the Board. The 19th Judicial Circuit Drug Courts located in Okeechobee County provide a cooperative team of diverse professionals and community leaders, who work together to coordinate and deliver services to drug court participants to assist and support these individuals in becoming drug -free and productive citizens. The County operates the St. Lucie County Drug Lab, located at 406 NW 3rd Street, Okeechobee, FL, which offers drug court participants an opportunity to obtain drug testing services as may be ordered by an Okeechobee County Drug Court at a reduced cost. Okeechobee County will subsidize the cost of drug testing services that the St. Lucie County Drug Lab provides for Okeechobee County Drug Court participants through their Drug Abuse Trust Fund. The amount will not exceed $6,000. Staff recommended the Board ratify April 1, 2021, Interlocal Agreement, assigned by Deputy County Administrator Mark Satterlee, providing drug testing services for Okeechobee County Drug Court participants in Okeechobee County. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 21 1 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM 4. City Center Settlement Agreement with the City of Port St. Lucie Caroline Valentin, Assistant County Attorney, presented this item to the Board. A court has held a portion of the Port St. Lucie City Center Parcels appointed receiver since 2015 following a Securities and Exchange Commission complaint against the former owners. After multiple failed development proposals and unsuccessful attempts to sell the City Center Parcels due to the significant outstanding tax and non -ad Valorem assessment liability, the City of Port St. Lucie entered into a purchase and sale agreement with the receiver for the City Center Parcels. Based on information supplied by the Tax Collector, the County is owed past -due property taxes for the City Center Parcels in the principal balance of $427,304.80, not including interest. Per the settlement agreement, the City must pay the principal balance to the County within ten (10) years from the date of the agreement. The County agrees to allocate such funds to the Midway Road widening project, the Midway Road Turnpike Interchange project, or any other project improving a County road located within the City limits. Staff recommended the Board approve the settlement as drafted by the County Attorney and authorize the Chair to sign the agreement. A motion was made to approve staff recommendations, 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 5. Resolution No. 21-146 - Providing for the borrowing of not exceeding $45,000,000.00 to provide for the construction of roads (Widening of Midway Road from Selvitz Road to Jenkins Road; Extending Jenkins Road from Midway Road to Glades Cut-off); Providing for the Issuance of Improvement Revenue Bonds Series 2021 (Road Impact Fee Projects) Daniel McIntyre, County Attorney, presented this item to the Board. At the Board's May 4, 2021, regular meeting, the Board asked staff to determine if specific road projects could be advanced through bond financing. In response, County Public Works staff has identified two road projects for consideration as follows: • Widening of Midway Road from Selvitz Road to Jenkins Road estimated to cost $23,900,000.00 • Extending Jenkins Road from Midway Road to Glades Cut-off estimated to cost $11,000,000.00 The proposed security resolution for the issuance of not exceeding $45,000,000.00 for the Series 2021 bonds is Road Impact Fees legally available to pay for the project's cost and a covenant to budget and 221 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM appropriate non -ad Valorem revenues. Therefore, staff recommended that the Board adopt Resolution No. 2021-146 and authorize the Chair to sign the Resolution. A motion was made to approve staff recommendations, 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 6. EFTX Settlement Agreement - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. EFTX is a Florida limited liability company and owns particular real property on South Hutchinson Island in St. Lucie County. A restaurant is operated on one of the parcels owned by EFTX. A separate parking area for the employees was also provided on a particular parcel, a vacant lot according to Planning and Development Services Order 15-034 dated November 6, 2015. On or about October 24, 2017, the County initiated code enforcement case No. 93067 against EFTX based upon its alleged violation of Planning and Development Services Order 15-034, which permitted only a limited area on the Vacant Lot to be "utilized solely for the employees of Pietro's restaurant or any successors." On or about December 6, 2017, the County Code Enforcement Board held a violation hearing and entered its Findings of Fact, Conclusion of Law, and Order finding a violation of the County Land Development Code because EFTX "has permitted customer parking for the business on an undeveloped parcel of land which is in violation of Planning and Development Services Order 15-034 Section 11.02.00" (the "Violation Order"). EFTX lost the Federal Litigation; the federal district court entered summary judgment in favor of the County and against EFTX; EFTX sought review of the Federal Judgment in the Eleventh Circuit Court of Appeals but dismissed its appeal before filing its Initial Brief. The District and EFTX had engaged in settlement discussions to resolve the issues. On May 25, 2021, EFTX submitted a different settlement agreement which provided: • EFTX would sign and deliver a Temporary Work Area Easement. • The County would rescind all fines and liens on the Code Enforcement cases and close the cases. • EFTX would not construct any improvements to the Vacant Lot • EFTX would dismiss the Code Enforcement Appeals and Circuit Court Lawsuit without prejudice. As part of the Beach Renourishment Project, the Corps have requested that the District obtain permanent easements from the forty-seven (47) property owners fronting the Atlantic Ocean. The 231 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM District has received forty-six (46) of the requested forty-seven (47) permanent easements from property owners in the South Hutchinson Island beach. The only property owner that has refused to grant a permanent easement is EFTX. From the County Attorney's perspective, the EFTX Settlement Offer is unacceptable. The County Attorney recommended that County staff explore with the Corps whether alternatives exist that would allow the beach renourishment project to proceed without the EFTX easement due to the proposed temporary Easement. The County Attorney recommended the Board reject the EFTX Settlement Offer. A motion was made to approve staff recommendations, 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 D. PUBLIC WORKS 1. Jenkins Road Phase 1 Extension from Midway Road to Glades Cut Off Road RFQ 21-052 Participation Patrick Dayan, Public Works Assistant Director, presented this item to the Board. This project involves improvements to Jenkins Road from Midway Road to Glades Cut Off Road as recommended by the Florida Department of Transportation (FDOT) and the Florida Turnpike Enterprise (FTE) as an incentive to increase the need for the proposed Interchange of the Florida Turnpike with Midway Road. The County contracted with a consultant to complete a Feasibility and Alternative Alignment Analysis completed in April 2021. The Jenkins Road Phase 1 Extension from Midway Road to Glades Cut Off Road is currently advertised for Professional Engineering Design Services (RFQ 21-052), and responses are due June 9, 2021. Staff recommended the Board waive the policy rendering consultants who complete a feasibility study ineligible to participate in design work. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend 241 Page BOCC Regular Meeting Tuesday, June 1, 2021 6:00 PM NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special Informal meeting on Wednesday, June 2, 2021, at 10 am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold Budget Workshops between July 7 - July 14 at the Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, July 6, 2021, at 9 am 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. 251 Page