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HomeMy WebLinkAboutMinutes 08.13.20197�LYO C1 E TY` I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 13, 2019 1. CALL TO ORDER The meeting was called to order at 06:01 PM by District No. 3, Chair Linda Bartz Present Convened: 6:01 PM Adjourned: 8:54 PM Commissioner District 2 Sean Mitchell; Commissioner District 5 Cathy Townsend; Commissioner District 4 Frannie Hutchinson; Commissioner District 3 Linda Bartz; Commissioner District 1 Chris Dzadovsky; County Administrator Howard Tipton; County Attorney Dan McIntyre; Coastal Resources Coordinator Jim Oppenborn; Economic Development Manager Peter Jones; Assistant County Attorney Katherine Barbieri; Senior Planner Jodi Nentwick; Planning Technician Bethany Grubbs; MSBU Coordinator Barbara Guettler; Planning Consultant Kara Wood; Recording Secretary Brittany Jones 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A motion was made to approve all sets of minutes 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, Cathy Townsend, Frannie Hutchinson BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the meeting of Tuesday, May 21, 2019 B. Board of County Commissioners minutes for the meeting of Tuesday, July 2, 2019 C. Board of County Commissioners minutes for the meeting of Tuesday, July 16, 2019 5. PUBLIC COMMENT (excluding Public Hearing Items) Chair Bartz opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed public comment. 6. PROCLAMATIONS APPROVAL A. Resolution 19-157 - Adoption of a resolution proclaiming August 9, 2019 as the 75th Birthday of "SMOKEY BEAR" and congratulating Smokey for his continued efforts to remind citizens to be careful when using fire in natural areas 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. The Chair presented the proclamation to Smokey Bear along with Melissa Yunas, Wildlife Mitigation Specialist, James Hall, Forest Ranger, and Raymond Kirkland, Senior Forest Ranger. Ms. Yunas accepted the proclamation with gratitude and thanked the Board. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 2 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 7. PRESENTATIONS A. St. Lucie County Artificial Reef Program - CCA - Curtis Bostick Reef - Jim Oppenborn, SLC Coastal Resources Coordinator Jim Oppenborn, the Coastal Resources Coordinator, gave a presentation on the deployment of the Voici Bernadette. The vessel was deployed in June as part of the artificial reef program and the site has been named the Curtis Bostick Artificial Reef to honor the generous donation from the Coastal Conservation Association (CCA). The Coastal Resources Coordinator began by going through the chronology of the deployment. He displayed photos that captured the hard work that went into making this reef possible from the arrival of the vessel to the extensive cleanup to the community outreach. He highlighted the support that was received from local businesses as well as the cooperation from various public agencies. Also, he stated there has already been an increase to regional tourism. Then, the Coastal Resources Coordinator highlighted the post -deployment fundraising and thanked those businesses who hosted the fundraisers. He expressed his thanks and gratitude to everyone who gave cash and in -kind donations. Lastly, he detailed the total cost to the County which was significantly lowered due to the donations and contributions. 8. CONSENT AGENDA Chair Bartz noted that Item 8.F.4. (Request Board Approval for Direct Pay of Certain Expenses for Inmate Medical to Wexford) was pulled prior to the meeting. Commissioner Townsend gave special mention to Item 8.1.4. (Lakewood Park Stormwater Modeling Services). A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM A. WARRANTS 1. Warrant Lists 41- 44 Adopted by Consent Vote B. ADMINISTRATION 1. Appointment to the Affordable Housing Advisory Committee Adopted by Consent Vote 2. Appointment to the Port of Fort Pierce Advisory Committee Adopted by Consent Vote 3. Letter of Request to South Florida Water Management District for Florida Inland Navigational District Cooperative Assistance Grant Adopted by Consent Vote 4. First Amendment to the Interlocal Agreement Between St. Lucie County and City of Fort Pierce for the Tourism Webcam Program Adopted by Consent Vote C. COUNTY ATTORNEY 1. Insurance Services - Termination of Existing Interlocal Agreement and Approval of New Interlocal Agreements Adopted by Consent Vote 2. Allowing the Children's Home Services of Florida, Treasure Coast Division, a Not for Profit Corporation, the Continued Use of Space at 4520 Selvitz Road, Fort Pierce, for the Operation of a Residential Child Care Shelter for Runaway and Homeless Children Adopted by Consent Vote 3. Amended and Restated Interlocal Agreement between Palm Beach County & St. Lucie County for Inter -Operable 800 MHz Communications 4 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM Adopted by Consent Vote 4. Permission to Advertise - Abandonment of a portion of Gopher Hill Road a/k/a Gopher Ridge Road Adopted by Consent Vote 5. Grant Agreement - Florida Communities Trust - FCT Project Number 18-017-FF19 - North Fork II Addition (Zorc Parcels) Adopted by Consent Vote D. COMMUNITY SERVICES 1. Ground Lease -Blue Sky Communities Adopted by Consent Vote 2. Funding Agreement - Indian River Habitat for Humanity Adopted by Consent Vote E. FACILITIES 1. Guardian Ad Litem Interlocal Agreement - Lease of Office Space in The Sunrise Center Adopted by Consent Vote F. HUMAN RESOURCES 1. Inmate Medical Care Costs Adopted by Consent Vote 2. Resolution - Amendment to St. Lucie County Board of County Commissioners Travel / Per Diem Expense Policy Adopted by Consent Vote 3. Memorandum of Understanding - Smart Neighborhood Initiative Adopted by Consent Vote 5 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 4. Request Board Approval for Direct Pay of Certain Expenses for Inmate Medical to Wexford Item was pulled from the Consent Agenda prior to the meeting G. PARKS & RECREATION 1. Waiver for The Inner Truth Project's Clothes Swap Adopted by Consent Vote 2. Resolution - Budget Resolution Allocating Revenues from Insurance Recovery Funds Adopted by Consent Vote 3. Golf Cart Lease Bid 19-050 for Fairwinds Golf Course Adopted by Consent Vote 4. USA Swimming Make A Splash Grant Adopted by Consent Vote H. PLANNING & DEVELOPMENT SERVICES 1. Renaissance Commons Final Plat Adopted by Consent Vote 2. Tyler Technologies - Land Management System Adopted by Consent Vote I. PUBLIC WORKS 1. Naming of the Voici Bernadette Artificial Reef Deployment - Coastal Conservation Association (CCA) Curtis Bostick Reef Adopted by Consent Vote 2. Acceptance of Contribution from Coastal Conservation Association - Voici Bernadette Adopted by Consent Vote 6 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 3. Acceptance of Donations - Voici Bernadette Adopted by Consent Vote 4. Lakewood Park Stormwater Modeling Services Adopted by Consent Vote 5. Transfer of Funds - WAWA at Prima Vista Boulevard and Floresta Drive Adopted by Consent Vote 6. Verada Ditch Repair - Calmoso Section - Acceptance of Project and Approve Final Payment Adopted by Consent Vote 7. Award Bid No. 19-059 - Subdivision 1 Mowing (Lakewood Park) Adopted by Consent Vote 8. Kings Highway and Indrio Road Intersection - Special Permit Adopted by Consent Vote 9. Tarpon Flats Subdivision - Release of Subdivision Improvement Agreement and Bond Adopted by Consent Vote 10. Request for Proposal (RFP) No. 19-049, General Marine and Artificial Reef Contracting Adopted by Consent Vote J. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2019-JAGC-STLU-2-N2-119 Adopted by Consent Vote K. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Surface Transportation Block Grant Funding for Fiscal Year 19/20 Adopted by Consent Vote 2. Approval of Federal Metropolitan Planning Grant Funding for Fiscal Year 19/20 7 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM Adopted by Consent Vote 9. PUBLIC HEARINGS A. AIR & SEA PORT Resolution No. 19-134 - Designating Property at the Port of Fort Pierce as Brownfields Site - Peter Jones, Economic Development Manager, spoke on this item. He introduced Matt Shelton from Tetra Tech, Stephanie Heidt from the Treasure Coast Regional Planning Council, and Dan Zrallack, branch manager from Ardaman and Associates, Inc. He stated Matt Shelton will give the presentation. Mr. Shelton provided background, relayed the benefits to the County, and explained the designation process. Staff has determined that approximately 12.32 acres at the Port of Fort Pierce may be eligible for Brownfield Site designation pursuant to the Brownfields Redevelopment Act. Brownfield Site designation will permit the property to be eligible for environmental remediation and economic development incentives under the Act. A "Brownfield Site" is defined as real property the expansion, redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. In order to initiate the designation process by the Florida Department of Environmental Protection, it is necessary for the local government with jurisdiction over the proposed site to adopt a resolution following two public hearings. As the local Port Authority, the Board is authorized to adopt such a resolution. A proposed resolution has been drafted for that purpose. State law requires that the Board conduct two (2) public hearings, one of which must be after 5 pm. This is the first of two required public hearings. Notice of this public hearing was published in the News Tribune on July 26, 2019. The second public hearing will be held September 3, 2019. This is the first of two required public hearings. No action is required at this time. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. The County Attorney stated no action is required at this time. The second public hearing will be on September 3rd at 6:00 PM. 8 1 P a g e BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM B. COUNTY ATTORNEY 1. Ordinance No. 19-011- Art in Public Places This item was presented by Assistant County Attorney Katherine Barbieri. On July 6, 1999, the Board of County Commissioners created, by ordinance, an Art in Public Places program. On December 21, 2017, St. Lucie County and Brevard Cultural Alliance entered into a contract for the Brevard Cultural Alliance to provide services in area of building a sustainable local arts agency for St. Lucie County. On March 19, 2019, St. Lucie County Board of County Commissioners approved a resolution repealing Resolution No. 09-282 and designated the St. Lucie Cultural Alliance as the Local Arts Agency. Ordinance no. 19-011 is an ordinance amending the Arts in Public Places Program. The definition of Artwork is expanded to include, but not limited to, murals, sculpture, kinetic art, paintings, digital art, light art, video, soundscapes, and culinary arts. The ordinance adds an advisory committee for the artwork and will have an annual plan in place instead of the previous master plan. The calculation for the monies shall be total eligible construction costs multiplied by 0.02 or 0.01. Notice of Intent was published in the Tribune on July 31, 2019. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. There was clarification provided that the funding from the infrastructure sales tax is separate from the funds for the art program. Staff recommended that the Board adopt the ordinance and authorize the Chair to sign the ordinance. A motion was made to adopt the ordinance and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 01 BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM C. PLANNING & DEVELOPMENT SERVICES FPL Pelican Solar Energy Center - Conditional Use Permit This item was presented by Jodi Nentwick, Senior Planner. The applicant, Florida Power and Light Company (FPL), is requesting a Conditional Use Permit for the construction and operation of a 74.5 MW Photovoltaic Solar Center (solar generation center) on +/- 955 acres of land located at 6201 Minute Maid Road, approximately 5.6 miles south of SR 60 and 122nd Avenue. The subject property lies outside the urban services boundary and is zoned AG-5 (Agricultural 5), which is consistent with the AG-5 future land use designation. The proposed solar generation center is within two miles of an existing FPL transmission line and intends to create clean, renewable, energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity. This zero emission electricity will be converted into alternating current (AC) electricity, utilizing power inverters, then carried to the collector substation where voltage is boosted for transmission through the electric grid. The solar panels stand approximately two feet off the ground at their lowest point, and approximately six feet in height at their highest point. FPL employees will not report to this location, and maintenance crews park within the secured fenced area. No water or fuel is needed to operate or maintain the facility. The applicant has also petitioned for a Major Site Plan in accordance to the St. Lucie County Land Development Code (LDC) Section 7.10.28 which includes requests for two waivers from the LDC requirements for lot coverage by structures and perimeter landscape buffers. Notice of this public hearing was advertised in the St. Lucie County Tribune on July 31, 2019. A sign was placed on the property and mail notices were sent out to surrounding property within 500 feet of the subject property. Staff recommended the Board adopt a resolution to approve the Conditional Use Permit for a solar generation station subject to the conditions as set forth in the resolution. Both Kate Cotner, the senior external affairs advisor for FPL and Scott Scobel, senior project manager for FPL, spoke about the project. Chair Bartz noted this public hearing was quasi-judicial and the Commissioners made the following disclosures regarding this item: • Commissioner Dzadovsky spoke with the applicant and staff • Commissioner Hutchinson spoke with the applicant and staff • Commissioner Townsend spoke with the applicant and staff 101Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 2. • Commissioner Mitchell spoke with the applicant and staff • Chair Bartz spoke with the applicant and staff Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None Avalon Beach - Major Adjustment to Planned Unit Development (PUD) Site Plan Bethany Grubbs, Planning Technician presented this item. This is an application for a Major Adjustment to the Planned Unit Development (PUD) Site Plan for a subject 15.83-acre site, located on North Hutchinson Island at Ocean Estates Drive, Fort Pierce. The subdivision is located on the east and west side of North A1A extending from the Atlantic Ocean to the Indian River Lagoon, approximately one-half of a mile south of the Indian River County line, within the PUD (Planned Unit Development) zoning district and RU (Residential, Urban) future land use. Notice of this public hearing was published in the newspaper on August 1, 2019, a sign was posted on the property and mail notices were sent out to the surrounding property owners within 500 feet of the subject property. The applicant is requesting approval to amend the Conceptual Architectural Models (Jeffrey Ray Models) to a set of Architectural Standards and Design Guidelines outlined by the Avalon Beach Architectural Committee. The remaining undeveloped lots will be developed in accordance with these proposed "Florida Coastal Contemporary" architectural guidelines. There will be no change to the current approved site plan or final plat inclusive of: building height, setbacks, open space, density calculations, site data, finished grade elevations, preserve area, or lot size. Staff recommended the Board adopt Resolution 2019-159 approving this request for a Major Adjustment to the Planned Unit Development (PUD) Site Plan. Chair Bartz opened the hearing for public comment at this time. The following addressed the Board: • Mike Cvercko, 111 Ocean Estates Drive, expressed his concerns regarding the Avalon 11 1 P a g BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM Beach Planned Unit Development (PUD), • Michael Rand, 6408 Ocean Estates Court, expressed his concerns regarding the Avalon Beach PUD, • Lilliana Epstein, 150 Ocean Estates Drive, expressed her concerns regarding the Avalon Beach PUD. Commissioner Dzadovsky asked the County Attorney to elaborate on concerns the Board is allowed to take into consideration as it relates to this item. The Planning Technician responded to the expressed concerns. The Planning & Development Services Director addressed the question on the height of homes on the beach. Commissioner Dzadovsky asked the County Attorney if this item could be approved with added conditions. The County Attorney stated reasonable conditions may be added and he said the item could be continued. The County Attorney also gave an opportunity for the applicant to address the public's concerns if they so choose. • Mike Houston, 50 East Ocean Blvd in Stuart, representing the applicant, addressed the Board. Jennifer McGee, Senior Environmental Planner, answered questions about dune crossovers. There being no one further wishing to address the Board, Chair Bartz closed the public hearing. The Chair noted this item is quasi-judicial and asked for Commissioners' disclosures: • Commissioner Dzadovsky spoke to staff • Commissioner Hutchinson spoke to staff • Commissioner Townsend spoke to staff • Commissioner Mitchell spoke to staff • Chair Bartz spoke to staff A motion was made to continue the public hearing to September 3, 2019 at 6:00 pm or as soon thereafter as the item may be heard. The motion to continue was seconded and passed unanimously. RESULT: CONTINUE TO SEPTEMBER 3, 2019 AT 6:00 PM MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None 1IN BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM EXCUSED: None 3. Blair, Grace Class "A" Mobile Home Permit This item was pulled by the applicant. The County Attorney stated that the applicant has withdrawn the petition. Further, as the public hearing was noticed, code requires the Board to accept the application to withdraw. Staff recommended approval. A motion was made to accept the applicant's withdrawal. The motion was seconded and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: D. PUBLIC WORKS APPROVE Commissioner District 4 Frannie Hutchinson Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None f 0re=" 1. Sabal Creek MSBU - Final Assessment Resolution MSBU Coordinator Barbara Guettler presented this item. A majority of property owners within the Sabal Creek subdivision in the Reserve have requested potable water service and fire hydrants to their subdivision. The proposed potable water service provider is the Reserve Community Development District (District). The District approached County staff with the idea of the County creating a municipal service benefit unit (MSBU) to levy special assessments on benefited property within Sable Creek on behalf of the District. In September 2017, the Board approved an Interlocal Agreement between the County and the District which provides that the County and the District will cooperate in providing potable water improvements. In October 2017, affected property owners were notified by mail of their maximum estimated assessment amount. On October 26, 2017 an informational meeting was held with property owners to discuss the MSBU process, project design and project cost. 13 1 P a g BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM In March 2018, the Board held a public hearing and approved Resolution No. 2018-31, creating the Sabal Creek MSBU and accepting submitted petitions which indicate that fifty- five percent of affected property owners support the imposition of assessments to fund potable water and fire protection improvements. In May 2019, the Board approved the Initial Assessment Resolution No. 2019-111, which described the property to be located within the Sabal Creek MSBU, provided for the imposition of special assessments therein, estimated the cost to be funded through special assessments, established the method of apportioning the special assessment among affected real property, directed the assessment coordinator to prepare a preliminary assessment roll, and established tonight's public hearing to consider imposition of the proposed assessments. On June 24, 2019, affected property owners were notified by mail of this public hearing and of their proposed assessment amount, annual payment amount, and discounted prepay amount. As established in the Initial Assessment Resolution, the maximum assessed cost of the project is $3.2 million. The maximum assessment amount to be levied per Equivalent Residential Connection (ERC) is $22,163.15 with an annual payment of $1,778.43. Annual assessments are scheduled to be collected for twenty years. Annual assessments are currently being calculated using a conservative interest rate of five percent per annum, the actual interest rate will be known after bonds are validated and financing is obtained. If the Board approves this Resolution, property owners will have an opportunity to pay their assessment prior to financing being obtained; thereby, avoiding the cost related to financing the project, annual financing, collection and administrative cost. The discounted prepay assessment amount is $19,355.12 per ERC. The assessment imposed against each parcel may be reduced upon completion of the project depending on whether contingencies arise during construction. If the project comes in under budget, property owners who prepaid the assessment will receive a refund of the difference. Assessment being collected annually along with property taxes will be reduced to reflect the lower cost. The proposed resolution constitutes a Final Assessment Resolution as required by the County's Assessment Ordinance. The purpose of the Final Assessment Resolution is to determine that real property within the Sabal Creek MSBU will be specially benefited by the improvements, ratify and confirm the Initial Assessment Resolution, approve the assessment roll, impose assessments upon all parcels described in the assessment roll, provide the method for collection, direct recorded notice of the assessments, and provide an effective date. Staff recommended Board approval of the Sabal Creek MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 141Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM Chair Bartz opened the hearing for public comment at this time. The following addressed the Board: • Tony Napolitano, 7928 Saddlebrook Drive, expressed his appreciation and thanks for the MSBU, • Mario De Oliveira, 7924 Saddlebrook Drive, had a couple objections regarding the assessments. There was a discussion on the options for the assessment, • A resident from Steeplechase Court, thanked the Board for the MSBU and also expressed concerns over the cost. There was a discussion on the assessment and payment process, • A resident of St. Lucie County had questions on connecting the lines to their house. There being no one further wishing to address the Board, Chair Bartz closed the public hearing. The Planning & Development Services Director clarified that an owner -builder permit would be needed to connect the lines without a plumber. Commissioner Dzadovsky suggested homeowners to call their insurance companies once the fire hydrants are put in as it may reduce insurance rates. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 8:22 PM - Recess taken 8:33 PM - Meeting reconvened E. UTILITIES 1. Resolution 19-148 - Amending the District Rate Schedule The County Attorney Dan McIntyre presented this item. On July 5, 2016, in Resolution No. 16- 103, the Board of County Commissioners, sitting as the St. Lucie County Water and Sewer District Board, established the amended wastewater and reuse utility rates, fees and charges 151Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM for the utility services furnished to the customer of the District (2016 Rate Resolution). On December 18, 2018, the District Board adopted Resolution No. 18-259, authorizing the automatic adjustment of water, wastewater, and reuse utility rates, fees and charges for customers within the St. Lucie County Water and Sewer District. District staff has recommended certain revisions be made to the 2016 Rate Resolution Customer Classifications and Applicability, together with removal of master -metered wastewater service gallonage caps and certain residential non -metered wastewater service charges, and creation of a Combined Wastewater and Reclaimed Water Customer Classification. District staff has prepared an update to the 2016 Rate Resolution to reflect the automatic rate adjustments and the revisions referenced in the 2019 Rate Schedule. If adopted, the proposed changes would be effective September 1, 2019. Staff recommended that the District Board adopt the proposed Resolution and authorize the Chair to sign the Resolution. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 10. REGULAR AGENDA A. COUNTY ATTORNEY ADOPT Commissioner District 2 Sean Mitchell Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None 1►C.7T Third Amendment to Amended and Restated Facilities Use Agreement Item was pulled prior to meeting BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 2. Sabal Creek Municipal Services Benefit Unit Special Assessment Revenue Bond, Series 2019 (Item presented in conjunction with Item 9.D.1.) The County Attorney presented this item. A majority of property owners within the Sabal Creek subdivision in the Reserve have requested potable water service and fire hydrants to their subdivision. The proposed potable water service provider is the Reserve Community Development District (District). The District is willing to provide potable water service to Sabal Creek but does not have the funds necessary to construct needed infrastructure and does not have the authority to impose special assessments on benefited properties within Sabal Creek. Because of this, the District approached County staff with the idea of the County creating a municipal service benefit unit (MSBU) to levy special assessments on benefited property within Sabal Creek on behalf of the District. Normally the County is not authorized to levy special assessments to construct private infrastructure within a private subdivision. In this case, as a condition precedent, the Sabal Creek Association and PGA Village Association has conveyed partial assignment of dedications, easements, and rights -of -way to the County and the District to allow the installation, operation and maintenance of potable water lines within the Sabal Creek right- of-way. In addition, the County will not be providing utility services but will be assisting another governmental entity (i.e. the District) who will be providing service. To avoid any future legal issues, the County intends, as another condition precedent, to file a bond validation proceeding seeking entry of a final judgment validating the County's authority to issue revenue bonds secured by special assessments to finance the potable water improvements. The County's Financial Advisor Jay Glover of PFM Financial Advisors LLC, requested proposal from local lending institutions that could provide the County with a 20 year loan. One proposal was received from the following firm: CenterState Bank. After the proposal was reviewed and discussed by County staff, the County's Financial Advisor, the County's MSBU Bond Counsel, it was determined that CenterState Bank provided a favorable rate and terms to the County. The proposed resolution was prepared by the County's MSBU Bond Counsel. If approved, the resolution will authorize the issuance of a special assessment revenue bond (the Bond) in the amount not to exceed $3,230,000.00, and set forth the general terms, conditions and covenants applicable to the Bond. The security for the Bond would be a lien upon and a pledge of the special assessments. No other County revenue source would be pledged for the repayment of the Bond. Staff recommended that the Board approve the resolution authorizing the issuance of Special Assessment Revenue Bond, Series 2019 (Sabal Creek MSBU Project) and authorization for the Chair to sign the documents as approved by the County Attorney. Staff also recommended that the Board approve the recommendation of the County's Financial Advisor to award the 171Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM 3. proposal to finance the MSBU Project to CenterState Bank. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None Biosolids Rulemaking - Chapters 62-640, Florida Administrative Code - Public Comment Period This item was presented by the County Attorney. The State of Florida Department of Environmental Protection (DEP) has proposed revisions to Chapter 62-640, Florida Administrative Code, to address recommended actions of the Biosolids Technical Advisory Committee as a result of the Committee's review of management practices and potential nutrient impacts related to the land application of biosolids. Given the Board's interest in the biosolids issue, County staff has drafted for Board consideration a proposed comment letter to be signed by the Chair. Staff recommended that the Board approve the draft letter and authorize the Chair to sign the letter. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 181Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 2. FPL Pelican Solar Energy Center - Major Site Plan (Item heard in conjunction with Item 9.C.1.) Staff recommended the Board adopt the Resolution 2019-161, approving the Major Site Plan for a solar generation station subject to the conditions as set forth in the resolution. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None Publix at Indrio Commons - Major Site Plan Kara Wood, planning consultant from Calvin, Giordano & Associates, Inc. presented this item. The applicant, Publix Supermarkets, Inc., is requesting approval of a Major Site Plan to construct a 48,387 sq. ft. grocery store, with 6,000 sq. ft. of ancillary retail, associated site improvements, and reservation of 4.52 acres to integrate six future retail sites. The applicant is seeking approval for phase I, totaling 54,387 sq. ft. The subject property is located on a 17.87-acre site at the northwest corner of Indrio Road and Emerson Avenue. The future land use of Towns, Villages & Countryside (TVC) has prescriptive design standards that require urban form with buildings pulled to the street and walkable blocks and neighborhoods. Staff has determined that the proposed Major Site Plan meets the standards for review outlined in Section 11.02.07 of the Land Development Code and is generally consistent with the goals, objectives and policies of the Comprehensive Plan, therefore, staff recommended approval of the Major Site Plan subject to the conditions outlined in the draft resolution. Commissioner Hutchinson commented on heavily landscaped areas by nearby retention ponds and asked that this is addressed in a future discussion. 191Page BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 11. ANNOUNCEMENTS APPROVE Commissioner District 4 Frannie Hutchinson Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None f 0re=" A. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 20, 2019 at 9:00am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. County offices will be closed on Monday, September 2, 2019 in observance of Labor Day. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 3, 2019 at 6pm 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 two Budget Hearings, on Thursday, September 5, 2019 and Thursday, September 19, 2019 respectively, as they consider and adopt the annual budget for FY2019/2020. Both hearings will be begin at 6:00 p.m. and will be held in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The Board of County Commissioners will hold an Informal meeting on Tuesday, September 10, 2019 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 20 1 P a g BOCC Regular Meeting Tuesday, August 13, 2019 6:00 PM The Board of County Commissioners will hold a Regular meeting on Tuesday, September 17, 2019 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 041