Loading...
HomeMy WebLinkAboutMinutes 09.07.2021�r LUCE 0 Q n U D k BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 7, 2021 Convened: 6:00 PM Adjourned: 6:59 PM 1. CALL TO ORDER Fhe meeting was called to order at 06:00 PM by Chair Chris Dzadovsky District No. 1 Present Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda Bartz District 3, Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5 Also Present Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, County Attorney Don West, Public Works Director Barbara Guettler, MSBU Coordinator Kori Benton, Planning and Development Services Senior Planner Leslie Olson, Planning and Development Services Director George Landry, Solid Waste Division Director Benjamin Balcer, Planning and Development Services Assistant Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, September 7, 2021 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 Bryant presented the Board with information regarding the United States Senate bipartisan infrastructure bill passed in July 2021. Monica Yeschek presented the Board with information regarding the approved budget for Indian River Drive road work. 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 I MOVER: Commissioner District 3 Linda Bartz I 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 Budget Workshop Day 1 Meeting of July 7, 2021. B. Board of County Commissioners minutes for the BOCC Budget Workshop Day 2 Meeting of July 8, 2021. C. Board of County Commissioners minutes for the BOCC Informal Meeting of August 10, 2021. D. Board of County Commissioners minutes for the BOCC Regular Meeting of August 17, 2021. E. Board of County Commissioners minutes for the BOCC Special Meeting of August 17, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-319 - Proclaiming September 2021 as "Hunger Action Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Dzadovsky presented the proclamation to the " Treasure Coast Food Bank," Volunteer Deb Neufeld and Director of Marketing Dana Trabulsy, who thanked the Board and accepted 2 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM the proclamation. I RESULT: APPROVE I I MOVER: Commissioner District 2 Sean Mitchell I ISECONDER: Commissioner District 5 Cathy Townsend I IAYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend I I NAYS: None I I EXCUSED: None I B. Resolution No. 21-335- Proclaiming September 2021 as "National Suicide Prevention Awareness Month" and Celebrating 2-1-1 Helpl-ine's 50 Years of Service and Suicide Prevention 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 Community Relations Specialist of 211 Helpline Patrice Schroeder and New Horizons CEO William Wims, who thanked the Board and accepted the proclamation. RESULT: APPROVE I IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 3 Linda Bartz I Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: I Townsend NAYS: None I EXCUSED: None I 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 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 45 - 48 3 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM Adopted by Consent Vote B. ADMINISTRATION 1. Grant Acceptance - FY21 Section 5307 American Rescue Plan (ARP) Transit Operating Assistance - ��.I�i�l�t•4�ii�_�1�31�j�.L�_jt•�1�:�[�l_Lli���1�1�]�_j� The Federal Transit Administration (Section 5307) provides operating assistance to eligible recipients that operate/contract public transportation services for urbanized areas. The grant funds are provided for operating expenses. This allocation can be used for expenses that were incurred in response to economic or other conditions caused by COVID-19. The FTA American Rescue Plan funds are available until September 30, 2024. The allocation for St. Lucie County is $1,246,729.00, with no local match required. Staff recommended Board acceptance of the 49 U.S. Code § 5307 Urbanized area formula American Rescue Plan grant for FFY21 and authorization for the Chair to sign documents as approved by the County Attorney. This grant does not require a local match. Adopted by Consent Vote 2. Appointment to the Affordable Housing Advisory Committee Staff recommended that the Board ratify Commissioner Hutchinson's appointment of Peter Tesch to the Affordable Housing Advisory Committee. Adopted by Consent Vote 3. Appointment to the Emergency Medical Services Advisory Council Staff recommended that the Board ratify Commissioner Dzadovsky's appointment of Paul Smith to the Emergency Medical Services Advisory Council. Adopted by Consent Vote C. AIR & SEA PORT 1. Award of Bid No. 21-065, Purchase and Delivery of Wire and Cable for the Port of Fort Pierce Staff recommended awarding Bid No. 21-065 to the responsive bidder, City Electric Supply, of Fort Peirce in the amount of $806,773.70. City Electric Supply believes the delivery time for the materials is two to four weeks. Adopted by Consent Vote 4 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM D. COUNTY ATTORNEY 1. Permission to Advertise an Ordinance amending Chapter 36, Article IV, Regulations for Properties and Facilities Owned or Leased by the County, of the St. Lucie County Code of Ordinances by Regulating the Areas for Vessels Staff recommended the Board approve permission to advertise the Ordinance for a public hearing on September 21, 2021. Adopted by Consent Vote 2. Job Growth Investment Grant for Jansteel USA, Inc. to locate a New Manufacturing, Warehouse, and Office Facility in the City of Port St. Lucie and Create Fifty-five (55) New Jobs Staff recommended the Board approve the Job Growth Investment Grant Agreement with Jansteel USA, Inc. and authorize the Chair to sign the Agreement. Adopted by Consent Vote 3. Permission to Advertise - Ordinance amending Section 46-80 "Parking Restricted on Certain Streets" of the Code of Ordinances and Compiled Laws of St. Lucie County to prohibit parking on Industrial Avenue 1 (North Side) from N. 25th Street to Jefferson Parkway; Oleander Avenue from its intersection with Edwards Road to its intersection with Digiorgio Road; and Digiorgio Road (both sides) from its intersection with Oleander Avenue to the west end approximately 1900 feet. Staff recommended the Board grant permission to advertise the draft ordinance for a public hearing on September 21, 2021, at 6:00 pm or as soon thereafter as the item may be heard. Adopted by Consent Vote 4. Revocable License Agreement - 208 Olive Avenue - River Park - Unit 2 - Joanna L. Hart - Parcel ID [c��:>�7Si �a�i►•I:i���I�I�>� Ms. Hart is requesting a Revocable License Agreement to be allowed to install a 6' wood fence with a gate along the sides of her property within the County's 6' Drainage and Utility Easement. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Ms. Hart pay to record the Agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM 5. Revocable License Agreement - Geosyntec Consultants - Groundwater Samples in County right-of- way of Yates Road Geosyntec Consultants has been contracted by the Florida Department of Environmental Protection to conduct site assessment work related to historical activities at Indian River State College. The scope of the work will consist of collecting groundwater samples using Direct Push Technology drilling rig. The rig drives a 2.25-inch diameter sampler up to 180 feet below the land surface using a pneumatic hammer. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, direct the Chair to sign the Agreement, and direct Geosyntec Consultants pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 6. Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY 2021-2022 Staff recommended that the Board approve the Interagency Agreement with the Department of Juvenile Justice (DJJ) for the operation of the Juvenile Assessment Center for FY21/22. Since DJJ is a Department of State Government, this Agreement can be approved without a Request for Proposal (RFP). Adopted by Consent Vote 7. Revocable License Agreement - 119 NE Estia Lane - River Park - Unit Five - Omar K. Bryan and Nateshia Rattray-Pizarro - Parcel ID 3419-540-0049-000-9 Mr. Bryan and Ms. Rattray-Pizarro are requesting a Revocable License Agreement to be allowed to install a 6' chain link fence with gates and a 4' vinyl fence along the sides of their property within the County's 6' Drainage and Utility Easement and a 6' chain -link fence along the rear of their property within the County's 10' Drainage and Utility Easement. They understand if the County Engineer determines the fences and gates are causing flooding, drainage problems, or for other needs in the area, the fences and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Mr. Bryan and Ms. Rattray-Pizarro pay to record the Agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM 8. Revocable License Agreement - 7003 S Indian River Drive - Daniel J. Fitzpatrick and Jacqueline A. Fitzpatrick - Parcel ID 3412-502-0008-000-1 Mr. and Mrs. Fitzpatrick are requesting a Revocable License Agreement to be allowed to install three (3) 2-inch PVC pipes under South Indian River Drive at a minimum depth of 36 inches. The PVC pipes will be the entire width of South Indian River Drive right-of-way. These pipes will provide a means to extend electric and water service from their residence to their dock on the east side of South Indian River Drive. They understand if the County Engineer determines the pipes are causing flooding, drainage problems, or for other needs in the area, the pipes will need to be removed or relocated at their expense and that any washouts or damage on either side of the road caused by this installation will be their responsibility to repair. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Mr. and Mrs. Fitzpatrick pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 9. Revocable License Agreement - 623 N Coconut Avenue - River Park - Unit 2 - Raquel Campos and Daniel Barcelo - Parcel ID 3419-510-0032-000-4 Ms. Campos and Mr. Barcelo are requesting a Revocable License Agreement to be allowed to install a 6' chain -link fence with a gate and a 4' chain -link fence along the East side of their property, a 6' wood fence, and a 4' wood fence along the West side of their property, and a 6' chain -link fence along the rear of their property all within the County's 6' Drainage and Utility Easements. They understand if the County Engineer determines the fences and gate are causing flooding, drainage problems, or for other needs in the area, the fences and gate will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Ms. Campos and Mr. Barcelo pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 10. Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429- L71=1I1I11:11I1I1bI1 7 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM Staff recommended the Board approve the Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc., authorize the Chair to sign the contract, direct staff to proceed with the closing, and record the deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. Revocable License Agreement - 465 SE Verada Avenue - River Park - Unit 4 - Dennis and Juliet Cuesta - Parcel ID 3419-530-0052-000-2 Mr. and Mrs. Cuesta are requesting a Revocable License Agreement to be allowed to install a 6' PVC fence with gates along the sides of their property within the County's 6' Drainage and Utility Easements. The fence will extend into the rear within the County's 10' Drainage and Utility Easement. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Mr. and Mrs. Cuesta pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 12. Ordinance - Establishing the Silver Oaks Community Development District - Permission to Advertise Staff recommended that the Board grant permission to advertise the Ordinance. Adopted by Consent Vote E. COMMUNITY SERVICES 1. Action Item - Contract - Request to approve a 1st Amendment to increase the contract amount with Uber for Business (Contract #C20-02-139) from $50,000.00 to not to exceed $75,000.00 per county fiscal year, JusTranzit School Bus, Inc. (Contract #C21-01-040) from $50,000.00 to not to exceed $75,000.00 per county fiscal year, and An Answer to Care (Contract #C20-11-762) from $50,000.00 to not to exceed $120,000.00 per county fiscal year for transportation services. Staff recommended approval of the first amendments for Uber for Business, An Answer to Care, and JusTranzit to increase contract amounts respectively and request for the Chair to sign all documents approved by the County Attorney. Adopted by Consent Vote 8 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM F. FACILITIES 1. St. Lucie County Transportation Operations Facility Participation - Waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. This project involves detailed design, construction drawings, specifications, and contract documents and obtaining the necessary related regulatory approvals for the project. The property is located on a 27.5-acre parcel of land on the southwest corner of Selvitz Road and Energy Lane in unincorporated St. Lucie County. Staff (Facilities and Community Services) recommended the Board waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. Adopted by Consent Vote G. HUMAN RESOURCES 1. Ninth Amendment to CareHere, LLC Agreement (St. Lucie County Employee Health Clinic) to extend the current contract for an additional five (5) years and providing for a reduction in the County's Per Employee Per Month (PEPM) costs. The current PEPM rate is $23.00, the approval of this amendment will lower that rate to $20.00 and result in significant cost savings. Additionally, upon approval of this amendment, the current CareHere, LLC Agreement will be extended for a five (5) year period through September 1, 2026, after which the Agreement will revert back to the automatic two (2) year renewals. For consideration of the PEPM cost reduction and renewal, the County is agreeing to waive its right to terminate the Agreement without cause during the five (5) year extension period. Staff recommended that the Board approve the Ninth Amendment of the CareHere, LLC agreement as reviewed and approved by the County Attorney. Adopted by Consent Vote H. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 21-052, Professional Engineering Services — Jenkins Road Improvements from Midway Road to Glades Cut -Off Road Staff recommended Board approval of the short-listed firms for RFQ No. 21-052 and permission to: • Conduct discussions/ presentations with the short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and 9 1 P a g e BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote I. PARKS & RECREATION 1. Resolution No. 21-346 - Florida Department of Transportation - District Four Maintenance Memorandum of Agreement Staff recommended Board approval of the District Four Maintenance Memorandum of Agreement between the Florida Department of Transportation and St. Lucie County, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote J. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise a Land Development Code Text Amendment to create Rural AG Subdivision (RAS) standards within the Agricultural Zoning Districts Staff recommended permission to advertise the proposed Ordinance for the first of three public hearings, with the first held before the Planning and Zoning Commission on September 16, 2021, at 6:00 p.m., or soon thereafter as may be heard. Adopted by Consent Vote Request Permission to Advertise a Comprehensive Plan Text Amendment to create a Property Rights Element in accordance with HB-59 2021 Staff recommended permission to advertise the proposed Ordinance for the first of three public hearings, with the first hearing before the Planning and Zoning Commission on September 16, 2021, at 6:00 p.m., or soon thereafter as may be heard. Adopted by Consent Vote fCA11111 [WIf_11AV7 1. Resolution 2021-340 - Adopting the St. Lucie County Local Mitigation Strategy (LMS) The Florida Division of Emergency Management (FDEM) and the Federal Emergency Management Administration (FEMA) have tentatively approved the St. Lucie County Local Mitigation Strategy (LMS) plan pending the adoption of the plan by a governing body. This plan establishes the framework for St. Lucie County and the LMS Working Group in defining the implementation and coordination of mitigation goals, objectives, and projects that will reduce the impact of hazards to 101 Page BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM the public, property, and the environment. Staff recommended that the Board adopt the 2021 LMS plan as revised and adopt the resolution attached. Adopted by Consent Vote L. PUBLIC UTILITIES 1. Solid Waste Heavy Equipment Operator (SWHEO) Step Program This program will allow each individual working in the capacity of a SWHEO to achieve pay increases as they reach milestones in their career with Solid Waste. This will also ensure sufficient staffing levels and a salary structure that remains competitive with other local municipalities and private entities. Staff recommended the Board approve the Solid Waste Heavy Equipment Operator Step Program. Adopted by Consent Vote 2. Bid Waiver and Sole Source Determination FY 21-22 Staff recommended Board approval of bid waiver and sole source determination for the purchase of parts, service, and supplies for the care and maintenance of the Water Treatment Plants of parts and service for various heavy and other specialized equipment from: Hudson Pump & Equipment and SITECH South and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote M. PUBLIC WORKS 1. Reef Restoration Center - Creation of Shellrock Access Road and Exotic Vegetation Clearing Staff recommended Board approval of the quotation from the Road & Bridge Division of Public Works to clear exotic vegetation and build a shell rock access road to the proposed Reef Restoration Center with material on site after hours. Adopted by Consent Vote 2. Final Project Acceptance - Harmony Heights Phase I North Construction of Driveways Staff recommended that the Board accept the final phase of Harmony Heights phase 1, and also allow the Chairperson to sign the documents as approved by the County Attorney Adopted by Consent Vote 11 1 Page BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM 3. Street Lighting Districts Annual Resolution Staff recommended Board approval of the annual assessment resolution for the Street Lighting Special Assessment Districts. Adopted by Consent Vote 4. Lakewood Park Drainage MSBU Annual Assessment Resolution Staff recommended Board approval of the Lakewood Park MSBU Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Resolution No. 21-345 - Artificial Reef Naming and Contribution Acceptance Staff recommended acceptance of the $25,000.00 contribution from the Blake Charron Foundation, approval of the reef name, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS /_111119419l1I,111Well%a01. 11IWA 1. Continued from July 6, 2021 - Request for an Order, pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish unsafe structure at 5310 Deleon Avenue in Fort Pierce, St. Lucie County, Florida Katherine Barbieri, Assistant County Attorney, presented this item to the Board. Building Inspectors examined the property of 5310 Deleon Avenue on September 16, 2020, and again in February 2021. The building is damaged, deteriorated, or defective to such an extent that the restoration cost will exceed fifty (50) percent of the value thereof after restoration or repair. The hearing was continued from the May 4, 2021 Board meeting at the owner's request, but due to unfortunate circumstances, it was learned on July 6, 2021, that Mr. Bottino passed away on June 25, 2021. The Board continued the hearing to the September 7, 2021 meeting. The staff met with Mr. Bottino's son and sole heir. On July 20, 2021, a Petition was filed in Circuit Court for administration, and on August 2, 2021, the Courts appointed the sole heir, Jason Bottino, as personal representative. On August 4, 2021, Jason Bettino signed a contract with Sterling Auction and Realty Co. They are awaiting permission from the court to sell the property. 121 Page BOCC Regular Meeting Tuesday, September 7, 2021 Staff recommended that the Board continue the item until November 2, 2021, at 6:00 pm, to provide the family with the opportunity to continue with Probate and sell the property. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve the staff recommendation to continue the item to the November 2, 2021 meeting, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 2. Resolution No. 2021-322 - Solid Waste Final Assessment Resolution Katherine Barbieri, Assistant County Attorney, presented this item to the Board. According to Chapter 38, Code of Ordinances and Compiled Laws of St. Lucie County, the Board has the authority to impose annual assessments for solid waste garbage and recycling collection, disposal, and administrative services, facilities, or programs of specific properties within St. Lucie County. The Board initially levied recurring annual assessments on residential properties within the County Solid Waste Urban Service Area to include solid waste fees on property tax bills on September 14, 2004. This collection method is in place of the garbage hauler billing property owners directly for garbage and recycling services. The Solid Waste Final Assessment Resolution initiated the process required to impose solid waste assessments for the fiscal year commencing October 1, 2021-October 1, 2022 at a rate of $276.14 per dwelling unit, the same as last year's rate. The preliminary assessment resolution scheduled a public hearing to consider approving the solid waste assessment roll for the fiscal year and directed the mailing and publication of notices to affected property owners. At the public hearing, the Board may vote to assess a lower assessment rate for the fiscal year 2021-22. Staff recommended that the Board adopt the Solid Waste Final Assessment Resolution and authorize the Chair to sign the resolution. 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 unanimousl, RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz 131 Page BOCC Regular Meeting Tuesday, September 7, 2021 SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 3. 2nd Public Hearing - Ordinance No. 21-030 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 Katherine Barbieri, Assistant County Attorney, presented this item to the Board. On August 1, 1990, the Board adopted St. Lucie County Land Development Code (LDC). In Chapter XI, section 11.13.01, the Land and Development Code generally sets forth provisions that shall be enforced by the Code Enforcement Board and by the Environmental Control Hearing Board. The Board desires to amend the Land Development Code (LDC) to clarify that the County may enforce its codes by any means as outlined in section 11.13.03, including but not limited to enforcement by the Code Enforcement Board of alleged violations which may also be heard by the Environmental Control Hearing Board according to section 11.13.01(B); to amend, so that appeals initiated by any person, officer, Board, or bureau of the County aggrieved by any order, decision, determination, or interpretation of any administrative official of the County with respect to the provisions of the LDC are heard by the County Administrator; and to amend the name of the Standard Housing Code of the County to the Minimum Housing Standards of the County for clarity. The Board has determined that the proposed amendments to the Land Development Code (LDC) are consistent with the general purpose, goals, objectives, and standards of the County's Comprehensive Plan and are in the best interest of the health, safety, and public welfare of the citizens of the county in order to monitor and maintain the living standards of the community effectively. Staff recommended approval of the Ordinance and authorization for the Chair to sign the Ordinance. 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 statt recommendations, and it passed unanimously. RESULT: APPROVE I IMOVER: Commissioner District 4 Frannie Hutchinson I I SECONDER: Commissioner District 3 Linda Bartz I AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None 1 EXCUSED: None 141 Page BOCC Regular Meeting Tuesday, September 7, 2021 B. PLANNING & DEVELOPMENT SERVICES 1. Friends I, LLC, filed a Text Amendment to the Land Development Code, Chapter VII, Development Design and Improvement Standards, Section 7.02.02.B. - Permitted Uses to allow Recreational Vehicle Parks (RVP) within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033) within the Planned Non -Residential Development (PNRD) Zoning District.- ADOPTION HEARING Benjamin Balcer, Planning & Development Services Assistant Director, presented this item to the Board. On September 30, 1976, the Board of County Commissioners adopted Resolution No. 76-96, establishing the Recreational Vehicle Parks Zoning District. The purpose was to provide areas where recreational vehicles are suitable within unincorporated areas for travel trailers, truck campers, pickup coaches, motor homes, and similar vehicles suitable for temporary habitation, used for travel, vacation, and recreation purposes can be demonstrated for short periods of time. The proposed text amendment intends to allow Recreational Vehicle Parks, within commercial areas, as an eligible use within the Planned Non -Residential Development Zoning District. The proposed language will allow an applicant to apply for a Planned Non -Residential Development within commercial areas but restrict the use only to Recreational Vehicles and Travel Trailers as defined in the Standard Industrial Classification 7033. The Planning and Zoning Commission held a Public Hearing on July 15, 2021, and voted unanimously to approve the proposed Test Amendment. Staff recommended Board approval of Ordinance No. 2021-34, to amend Land Development Code Chapter VII, Development Design and Improvement Standards, Section 7.02.02.B. - Permitted Uses to allow Recreational Vehicle Parks (RVP) within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033) within the Planned Non -Residential Development (PNRD) Zoning District. 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 IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 2 Sean Mitchell I IAYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend I I NAYS: None I 1 EXCUSED: None C. PUBLIC WORKS 1. Property Clean-up MSBU Annual Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. Chapter 38, Article II of the County's Code of Ordinances addresses the nuisances that arise when the property is allowed to deteriorate. Section 38-28 "Lot Cleanup" prohibits the accumulation of 151 Page BOCC Regular Meeting Tuesday, September 7, 2021 trash, junk, debris, living and nonliving plant material, and stagnant water; excessive growth of grass, weeds, and brush; windows, skylights, and doors that are not watertight; and, the keeping of fill on property. If a property is found to violate this Article; the owner is notified of the violation and that they must remedy the violation within 20 days or file an appeal within 15 days. If the owner fails to remedy or successfully appeal the violation as outlined in Section 38-28, the County may undertake such action as necessary or useful to remedy the violation. The cost incurred by the County to remedy the violation shall be assessed against the property. If the imposed assessment is not paid in full within 20 business days; the assessment is recorded as a lien and may be levied as a non -ad valorem special assessment on the annual property tax bill and collected according to Section 197.36 of the Florida Statutes. There are five parcels on the 2021 Property Clean-up SAD assessment roll, with assessment amounts ranging from $340.43 to $2,819.15. The actions taken by the County to remedy the violations include but are not limited to utilizing continuing service contractors for mowing; trimming bushes, shrubs, and trees; and securing windows, skylights, doors, and pools. The revenue generated by collecting special assessments from properties within the Property Clean- up SAD will be utilized to reimburse the County for costs incurred by the County to remedy the violations. Staff recommended Board approval of the Property Clean-up Special Assessment District Annual Assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 3 Linda Bartz I ISECONDER: Commissioner District 5 Cathy Townsend I AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend I NAYS: None I 1 EXCUSED: None 2. Culvert 2021-01 MSBU - Final Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In February 2021, the Board established a voluntary program, Ordinance 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts. Then repay the funding by imposing a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. In August 2021, the Board approved Resolution No 2021-318, an Initial Assessment Resolution. This resolution described the property to be located within the Culvert 2021-01 MSBU, provided for the imposition of special assessments therein, directed the assessment coordinator to prepare a preliminary assessment roll and take such actions as 161 Page BOCC Regular Meeting Tuesday, September 7, 2021 necessary for furtherance thereof, and established this public hearing. Resolution No. 2021-341 is the Final Assessment Resolution required by the County's Ordinance 21-004. The purpose of this resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the Culvert 2021-01 MSBU. To determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, ratify and confirm the initial assessment resolution, approve the assessment roll, and provide an effective date. Staff recommended Board approval of Resolution No. 2021-341, the Culvert 2021-01 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA /_W41919,111 WK11a01. 11IWA 1. Public -Private Partnerships - Proposed Amendment to Purchasing Manual Daniel McIntyre, County Attorney, presented this item to the Board. The Florida Legislature enacted Section 255.065, the Florida Statutes, to authorize counties and other public entities in Florida to enter into public -private partnerships for facilities used predominantly for public purposes. The county staff believes that it is in the county's interest to adopt procedures consistent with state law to encourage investment in St. Lucie County by private entities. In this regard, Resolution No. 2021-320, if adopted, would amend the County's Purchasing Manual to add new Section 11.6 on Public -Private Partnerships. The draft policy shows that the private party proposer shall pay all reasonable costs of reviewing and analyzing its proposal. The policy also contemplates that any private entity that submits an unsolicited proposal must also pay an initial application fee. Staff suggests an initial fee in the range of $3,000.00 to $5,000.00; any proposed fee would be identified in a separate fee resolution. Staff recommended that the Board adopt Resolution No. 2021-320 and authorize the 171 Page BOCC Regular Meeting Tuesday, September 7, 2021 Chair to sign the resolution. a. motion was made to approve statt recommendations, 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 NAYS: None EXCUSED: None 2. Request to Release Conservation Easements - Kolter Group Acquisitions - Oak Ridge Ranches Daniel McIntyre, County Attorney, presented this item to the Board. In 2008, Ginn -LA WSL Ltd, LLLP (Ginn) proposed to operate a mine on the property then known as "Stark Ranch." The County adopted Resolution No. 08-092 approving a conditional use permit that authorized Ginn to operate a mine on the property. One of the resolution conditions required Ginn to maintain a preserve area and an archeological site through conservation easements in favor of the County. The conservation easements for Ginn were dated December 31, 2008, and recorded in the Public Records of the County. No mining activities were ever undertaken on the property. In addition, Ginn no longer owns the property. The property was recently acquired by Kolter Group Acquisitions (Kolter). On June 16, 2021, the County Attorney received a letter on behalf of Kolter from Erin J. Tilton, Esq. requesting that the County release the conservation easements. The letter indicated Kolter has no intention of using the property for mining in the future. Kolter acknowledged that future development of the property would likely require mitigation measures and indicated its intention to cooperate with the County in this regard. Staff recommended that the Board approve the Release of Conservation Easement and Quit Claim Deed and authorize the Chair to sign the Release and deed as reviewed and approved by the County Attorney. H IIIUIIUII WdJ IIIdUC LU dPPIUVC JAdl I ICI,UIIIIIICIIUdIIUIIJ, CMU IL PdJJCU UIIdIIIIIIUUJIy. RESULT: APPROVE IMOVER: Commissioner District 5 Cathy Townsend I SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend I NAYS: None 1 EXCUSED: None 3. County Canvassing Board - City of Fort Pierce Special Election - December 7, 2021; February 8, 2022 181 Page BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM Daniel McIntyre, County Attorney, presented this item to the Board. The Supervisor of Elections contacted the County Attorney concerning the upcoming special election for the City of Fort Pierce to be held on December 7, 2021, with a runoff, if needed, to be held on February 8, 2022. The supervisor has asked if a member of the Board of County Commissioners can serve on the Canvassing Board. State law Section 102.141 of the Florida Statutes provides that the County Canvassing Board comprises the supervisor of elections, a county judge, and the Chair of the Board of county commissioners. If the Chair of the Board of County Commissioners is unable to serve or is disqualified. The Board of county commissioners must appoint, as a substitute member, one of its members who is not a candidate in opposition in the election and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election canvassed. The Chair of the Board of county commissioners must also appoint a member of the Board of county commissioners as an alternate member of the canvassing board. Staff recommended that the Chair of the Board determine the availability of the Chair and other members of the Board to serve on the Canvassing Board directly (the Chair) or a substitute member if the Chair is unable to serve as an alternate member. *Chair Chris Dzadovsky has accepted to serve on the City of Fort Pierce Canvassing Board and has appointed Commissioner Linda Bartz as an alternate substitute member in his absence for the City of Fort Pierce Canvassing Board. 4. Amendment No. I to Contract with CDM Smith, Inc. for Consulting / Professional Services - Regional Water and Wastewater Treatment Services - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. On August 20, 2020, the County approved a contract with CDM Smith, Inc. to perform professional engineering services for Regional Water and Wastewater Treatment Plant Designs (RFQ No. 19-037). One of the proposed project elements is the preliminary design of a Low -Pressure Reverse Osmosis (LPRO) Water Treatment Plant (WTP) at the Taylor Dairy Road site. The Water Treatment Plant (WTP) will utilize raw water from the Upper Floridan Aquifer (UFA) to treat the LPRO membranes. Desktop performance simulations using membrane manufacturer's software programs were evaluated for the LPRO process and appear to be favorable. A pilot testing program for the LPRO Treatment process using a pilot unit to collect operation data from corroborating the results of the software projections and producing permeate samples for further testing would be beneficial in selecting the optional LPRO membrane for treatment. The scope of services in Amendment No. 1 will provide pilot testing of the existing onsite UFA well. The proposed cost is not to exceed the amount of $183,470.00. Staff recommended that the Board approve Amendment No. I and authorize the Chair to sign Amendment No. I. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE 191 Page BOCC Regular Meeting Tuesday, September 7, 2021 MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Fairwinds Golf Course Cart Barn Replacement - Major Adjustment to Major Site Plan Kori Benton, Planning & Development Services Assistant Planning Manager, presented this item to the Board. Fairwinds Golf Course was established in 1990, with a design by Jim Fazio, as an 18- hole, par 72, championship golf course designed atop a former landfill. The course features a clubhouse, restaurant, bar, golf pro shop, screened patio, golf cart storage "barn," and maintenance shop. The proposed adjustment is known as the "Fairwinds Golf Course Cart Barn Replacement & Overflow Parking," which seeks to replace the existing 3,300 sq. ft. golf "cart barn" with a 7,500 sq. ft. replacement and addition of 20-25 overflow parking spaces. The project planning area is an approximate 3.4-acre subset of the overall 248 ac. The complex is known as the Fairwinds Golf Course and associated preserve areas adjacent to the Treasure Coast International Airport. The project planning area is within the Institutional Zoning District and P/F, Public Facilities Future Land Use category. There is no fiscal impact from the Site Plan Adjustment action. The corresponding Fairwinds' Budget provisions for the identified improvements will be forthcoming. Staff recommended approval of Resolution 2021-349, authorizing the Chair to sign appropriate approval documents. A motion was made to approve staff recommendations, and it passed unanimously. I RESULT: APPROVE I I MOVER: Commissioner District 3 Linda Bartz I ISECONDER: Commissioner District 5 Cathy Townsend I AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None 1 EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Tentative Budget Hearing on Thursday, September 9, 2021, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, Florida. 201 Page BOCC Regular Meeting Tuesday, September 7, 2021 6:00 PM B. The Board of County Commissioners will hold an Informal meeting on Tuesday, September 14, 2021, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 21, 2021, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Final Budget Hearing on Thursday, September 23, 2021, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, Florida. 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. 21 1 Page