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HomeMy WebLinkAboutMinutes 04.04.2017S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting April 4, 2017 Convened: 6:00 PM Adjourned: 10:11 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 District No. 4 District No. 5 Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson Present 6:00 PM Cathy Townsend Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION 3. PLEDGE OF ALLEGIANCE Generated 41712017 11:28 AM Regular Meeting Tuesday, April 4, 2017 6:00 PM 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, March 28, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. PROCLAMATIONS APPROVAL A. Resolution - Adoption of a resolution proclaiming the Month of April 2017 as "Guardian ad Litem Month" in St. Lucie County, Florida. H.L. "Vern" Melvin, Circuit Director of the 19th Judicial Circuit Guardian ad Litem Program accepted the proclamation. Mr. Melvin thanked the Board for the recognition and accepted it on behalf of the participants in the Guardian ad Litem program. He stated that the 200 volunteers from the community have become a voice for abused, abandoned and neglected children. He indicated there are more than 100 children without an advocate and encouraged members of the community to step forward and assist. Mr. Melvin thanked the County Administrator and his staff for their continued support. Chairman Dzadovsky asked how potential volunteers may contact the program. Mr. Melvin stated the program can be reached at 772-785-5804 or guardianadlitem.org RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend B. Proclamation - St. Lucie County Impact Fees Dr. Jim Nicholas accepted the proclamation and thanked the Board for the recognition. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend C. Resolution - Adoption of a resolution proclaiming the Month of April 2017 as "National Autism Awareness Month" in St. Lucie County, Florida. Adrienne Moore, Public Relations/Marketing Coordinator of Helping People Succeed accepted the proclamation. Ms. Hutcheson thanked the Board for the recognition and emphasized the importance of autism awareness as it becomes more prevalent. She discussed the programs offered by Helping People Succeed and indicated the organization helps 4100 families in Martin, St Lucie and Okeechobee County. Ms. Hutcheson announced that Helping People Succeed is moving to a new location at the Martin/St Lucie County line area and adding a new office building in St Lucie County to address client needs. She stated that this month is April 2 1 P a g e Regular Meeting Tuesday, April 4, 2017 6:00 PM Showers and the organization is requesting donations of baby items, such as diapers, bottles, blankets, etc. Ms. Hutcheson indicated that drop off locations are listed on their website at HPSFL.org. Commissioner Hutchinson acknowledged the fire department for lighting up their stations in blue for autism awareness. She also indicated they will host an awareness day during the month. Chairman Dzadovsky added that the police departments in the county have participated as well. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. PUBLIC COMMENT Frederick Jackson, 1211 Ave D Fort Pierce - Mr. Jackson addressed the Board regarding his comments from a previous on unnecessary use of force by police. He shared his thoughts about having the senior law enforcement officers in the county establish a program to educate the public on self-defense practices. 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant List 25 Vie\ 7►�ili�i��:7e�[�7T 1. Custom's Renovation Change Order No. 08 2. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Noise Operations Monitoring System Project at Treasure Coast International Airport 3 1 P a g e Regular Meeting Tuesday, April 4, 2017 6:00 PM C. COUNTY ATTORNEY 1. Lease - Third Amendment to September 1, 2000 Lease Agreement with James and Brenda Gibbons 2. Permission to Advertise - Amendments to the Land Development Code regarding telecommunications towers and antennas D. COMMUNITY SERVICES 1. Resolution - Children's Services Council -Library Summer Reading Grant E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. East Coast Greenway Signs Maintenance Memorandum of Agreement G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. The ARC of St. Lucie County - Annual Gene Lofton Walkathon 2017 L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY 1. Resolution - Federally -Funded Homeland Security Subgrant Agreement 2. Resolution - SAFER St. Lucie 4 1 P a g e Regular Meeting Tuesday, April 4, 2017 6:00 PM N. PUBLIC WORKS 1. W. Midway Road from Glades Cut-off Road to Selvitz Road Design - Locally Funded Agreement additional funding requirement O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS /e��L�lil���'/e�il�I:T►I�'1 1. Establishing Zoning Regulations for the Dispensing Of Low-THC Cannabis and Medical Cannabis Item 9.C.1. was presented before this item. The Assistant County Attorney presented this item for the first public hearing to establish zoning regulations for the dispensing of low-THC cannabis and medical cannabis. She explained that in November of 2016 the voters of the State of Florida approved the constitutional amendment on medical marijuana. The Department of Health is in the process of formulating rules to implement the constitutional provision. She explained that before passage of the constitutional amendment, the 2014 Legislature had already enacted a Florida statute authorizing the dispensing and use of medical marijuana in certain circumstances and subject to strict controls. That statute may be amended in the 2017 legislative session to conform to the new constitutional provisions. The Assistant County Attorney indicated the proposed ordinance amends the existing code to establish as a permitted use in commercial general establishments the dispensing of low-THC cannabis or medical marijuana The proposed ordinance does the following: sets the minimum distance between any establishment that dispenses low- 51Page Regular Meeting Tuesday, April 4, 2017 6:00 PM THC and medical marijuana, schools and parks at 1,000 feet; limits such facilities to set operating hours between 7:00 am and 9:00 pm daily and prohibits the consumption of low-THC and medical cannabis and the consumption of alcohol onsite at the establishment; security and outdoor lighting as provided in the Florida statutes. Staff stated the current statute says that the establishment must have a fully operational security alarm system, 24-hour video surveillance, outdoor lighting, tracking system for seed to sale, the low-TCH cannabis and medical marijuana must be stored in secured lock room or vault and at all times there must be at least 2 employees on site and they must wear photo -identification badges. The Assistant County Attorney continued that on February 21. 2017 the Board of County Commissioners authorized permission to advertise the Establishing Zoning Regulations. On March 7 the Board approved another ordinance that postponed medical marijuana establishments until July 3, 2017 or until another ordinance was passed. She stated that on March 16 the Local Planning Agency voted unanimously to pass the item unto the Board of County Commissioners with a recommendation of approval. There was discussion at the Planning and Zoning Commission meeting, which indicated the members felt a mile separation by the dispensaries was too great. Therefore, staff has reduced the recommendation to 1000 feet. Staff recommended the second public hearing to be held on May 2, 2017 at 6pm or soon thereafter. There were no comments from the public on this item. At this time, the Planning and Development Services Director presented several maps which demonstrated the different proposed distances and proposed zoning. Staff indicated that 128 medical marijuana dispensaries could fit into unincorporated St Lucie County commercial general zoning areas with the proposed distance of 1000 feet. She clarified this map represented unincorporated St Lucie County and did not represent the 2 cities. She also presented a map demonstrating the proposed 1 mile buffer and noted this would allow for 32 dispensaries in the same area. Chairman Dzadovsky commented on the value of the visualization the new maps provided. He indicated that Fort Pierce and Port St Lucie will also intact a similar action moving forward. He asked the Board for recommendation for staff to move forward with either distance. Commissioner Townsend expressed support of the mile buffer and discussed a population -based equation for dispensary placement. She asked staff to provide an application for the dispensaries looking to do business in the county. She indicated the opportunity for St Lucie County to provide an example for other counties moving forward. Commissioner Bartz commented that the 1 mile buffer would be more than enough distance. She stated that business competition will limit the number and placement of dispensaries. She asked staff if the dispensary would have to come before the Planning and Zoning Commission as part of the process. She spoke about the guidance the cities will provide and emphasized being able to provide access for those who need it. The Planning and Development Services Director indicated this would be a permitted use and therefore if all other requirements are met, it will not require a public hearing before the Board. She stated the Board could add that as a requirement. Chairman Dzadovsky indicated the state may preempt the county's decision, and stated 6 1 P a g E Regular Meeting Tuesday, April 4, 2017 6:00 PM there may be changes in the future. He requested staff's guidance for handling any future changes. Commissioner Mowery asked if the different distances had been advertised. He expressed concern over the public process regarding the 2 distances. The Assistant County Attorney answered that the topic of distance was advertised with supplemental standards. She indicate the actual distance was not in the advertisement. Commissioner Mowery asked staff to consider if they are being rational in regards to justifying their decision for the distance requirement. He discussed the distance requirement for "adult uses" in the county. The Planning and Development Services Director answered that 1 mile was originally chosen based on staff analysis of other communities in Florida that have adopted comprehensive medical marijuana ordinances. She indicated that staff would look into the defensibility of that requirement before the second reading. Commissioner Hutchinson asked if a doctor that would be able to prescribe or recommend medical marijuana would be able to distribute out of their office. The Planning and Development Services Director stated that an office can be located in commercial general zoning but retail cannot be located within commercial office. She indicated that staff could consider commercial office zoning as potential sites, if the Board would like to do so. However, that zoning is not typically used for that type of traffic. Commissioner Townsend discussed the vertical process and stated she did not believe a doctor who prescribes marijuana would be able to dispense it as well. She emphasized the importance of making it accessible. Commissioner Mowery urged caution regarding retail sales in offices. The Planning and Development Services Director asked the Board if commercial office should be added. Commissioner Hutchinson asked about the negatives of adding that zoning. Staff answered it would add more potential sites. She stated she did not believe it would create high -intensity retail traffic. She added that pharmacy is not permitted in commercial office zoning. Chairman Dzadovsky asked staff to consider the comments made when the item is brought back to the Board. Commissioner Mowery stated that there cannot be drastic changes between the first and second hearings. He said the meetings must be consistent. Chairman Dzadovsky stated that he did not feel the comments made were outside the bounds for staff to consider. The County Attorney stated that to add commercial office zoning would need to be added to the title and advertised. He indicated there would be time to do this before the next hearing. He continued that without a change to the advertising, that zoning cannot be added at the next hearing. He stated the distance decision is different because that advertising has been generic. He suggested leaving that section general. Commissioner Hutchinson acknowledged that this is a fluid situation and stated in the near future these changes may need to be addressed. She asked the County Attorney if there would be any issues with choosing 1 mile over 1000 feet. 7 1 P a g e Regular Meeting Tuesday, April 4, 2017 6:00 PM The County Attorney answered that keeping a complete record of justification is important. He indicated that he felt the county has taken correct measures, with displaying maps of the proposed distances. He detailed the difference between the conditional use designation for "adult uses" and the permitted use designation that will be given to the dispensaries. Staff suggested contacting the communities that have chosen the 1 mile distance and get their reasoning for doing so. He reiterated that he felt the Board was doing the right thing by considering their options in detail. Chairman Dzadovsky asked staff if they had enough information to make adjustments to the advertising. The Planning and Development Services Director and Assistant County Attorney indicated they did not have any further questions. Chairman Dzadovsky asked if a motion was need to move forward. The County Attorney stated that direction is fine, however a motion can be made as well to move forward to the May 2nd meeting at 6pm. Commissioner Hutchinson made the motion to approve the 1st reading. Commissioner Townsend asked if that motion was to approve the 1 mile distance. Commissioner Hutchinson stated that decision could not be made at this time. Commissioner Bartz seconded the motion. The motion passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Ordinance - Amending Fire/EMS Protection Impact Fees The Assistant County Attorney introduced this item for the first public hearing for an ordinance to amend Fire/EMS Protection impact fees. Staff stated this ordinance would amend Article III of Chapter 24 of the St. Lucie County Code by amending Section 24-55 to provide for changes in the amount of the impact fee based on an October 4, 2016 update performed by Dr. James C. Nicholas. The proposed ordinance will also amend Section 24-62(a), Use of Funds, to reference that update. She stated notice of this public hearing will be published in the News Tribune on March 24, 2017. The Assistant County Attorney indicated that last year the Fire District entered into a contract Dr. Nichols to conduct a technical study concerning the amendment to the existing impact fees for fire and EMS services. That report was issued on October 4th and on October 19th the Fire Board of Commissioners took action to adopt the county Fire District Resolution No. 628-16 which recommends that the Board of County Commissioners take the necessary steps to amend the Fire/EMS impact fee ordinance. She stated the second public hearing is scheduled for April 18th at 9am and no action is required tonight. Chairman Dzadovsky asked if this presentation has gone before the Planning and Zoning Board. The Assistant County Attorney confirmed the presentation was made on February 16th to the Planning and Zoning Commission. She indicated they had some questions 8 1 P a g e Regular Meeting Tuesday, April 4, 2017 6:00 PM regarding the calculation of fees and use of fees. It was continued to March 16th where it was voted 6-0 to recommend that the Board adopt the proposed ordinance. Commissioner Hutchinson asked if the Fire Board reviewed this item. Chairman Dzadovsky confirmed the Fire Board unanimously approved the item. At this time, Dr. James C. Nicholas began his presentation on development impact fees. He defined a development impact fee and explained the "Rational Nexus Test" that controls impact fees. Next, Dr. Nicholas presented the existing impact fees in St Lucie County, focusing on the categories being discussed at the meeting: Parks, Libraries, Public Buildings, Fire/EMS and Law. He compared the total for a single family home in St Lucie County ($14,115) to surrounding counties. He indicated that Indian River and Palm Beach County are doing an update of their impact fees currently. He continued by presenting the current item for discussion, Fire and Rescue impact fees. He reviewed the history of the resolution requesting the amendment to the impact fees. He noted that the St Lucie County Fire Control District itself does not have police powers and cannot adopt impact fees therefore, the Board has the authority to enact impact fees on behalf of the St Lucie County Fire Control District. Dr. Nicholas continued by presenting the total calls to fire and rescue, which have increased by approximately 1600 calls each year. He indicated that prior studies used Palm Beach County calls for service as a basis for calculation. Statute now requires localized data and the data from 2016 calls for service were used for current calculations. He stated the addresses where service was delivered were used by the Property Appraiser's Office to match with land use and that is how the calls for service by land use type were determined. Dr. Nicholas presented the total cost to serve, which equaled nearly $2100 net capital cost per call. He also presented the calls for service by land use. He provided a chart of the existing fees compared to the updated fees. Dr. Nicholas focused on the major changes and emphasized these changes can be attributed to the use of Palm Beach County data compared to St Lucie County data. He indicated the updated Nursing Home fee presented was a policy recommendation by the Fire District Control Board and himself. He stated a nursing home is a temporary residence for people who are residents of the county. He indicated that he calls to nursing homes were reallocated back to the residents so that all calls are accounted for. Dr. Nicholas also addressed the increase for office fees. He stated that is in response to an increase in calls for service coming from offices. Commissioner Hutchinson thanked Dr. Nicholas for his presentation. She indicated she did not follow the recommendation of reducing the fee for nursing homes to $0. Dr. Nicholas answered that a number of jurisdictions view the nursing homes as an auxiliary to the residence. Chairman Dzadovsky asked if that updated fee became an issue for the district, could a pay -in -lieu of be negotiated for additional services. Dr. Nicholas confirmed that could be done. Commissioner Townsend reiterated Commissioner Hutchinson's concerns. She asked if this would also apply to assisted living facilities. She stated that nursing homes are long- term care for the elderly and indicated there would be many more calls to those locations. She expressed concern over the increase to hotel/motel fees and the impact it may have on tourism. 9 1 P a g E Regular Meeting Tuesday, April 4, 2017 6:00 PM Dr. Nicholas answered that in St Lucie County assisted living facilities are considered residential. He also stated that the impact fees are driven by calls for service. He explained the addresses for each call are tracked and the land use of the address is recorded. He indicated the actual calls for service are listed on the chart presented and used in his calculations. Commissioner Mowery clarified that statute provides the impact fees are to be set based on the impact that they are providing. He said it isn't about encouraging development. Commissioner Townsend asked about service station increases. She asked for clarification that there were more call for service to hotel/motels and gas stations than a residential home or warehouse. She stated that she believed most calls would be to residential homes relating to drug overdoses. Dr. Nicholas answered that the cause of the calls was not examined. He stated that most calls do come from residences, however there are many more residences than businesses. He indicated the number of calls per unit of land use was calculated. He stated that the overall impact fees for hotel/motel would decline by 2%. Commissioner Townsend asked if the overall impact fees would be decreased or just fire/EMS. Dr. Nicholas confirmed that all impact fees considered would be a decrease for that land use. Commissioner Townsend spoke about impact fees in relation to the decline in economic activity in the county. She stated the impact fees currently in place could encourage growth to move forward without having to increase them. Chairman Dzadovsky added that the Fire District operates on 3 levels of funding; ad valorem taxes, impact fees, inspections and ambulance billing. He indicated there aren't any other sources of funding. He stated that without impact fees, the costs will fall to tax payers. He discussed the projected exponential growth in the county and the high expenses associated with the Fire District. Chairman Dzadovsky asked how long it has been since the Fire District increased impact fees due to the recession. Fire Chief Buddy Emerson confirmed the fees have not been amended or adjusted for approximately 10 years. He stated the cost of a fire truck has increased $100,000 in those 10 years and those costs are what was used to calculate the old impact fees. He stated if the demand is there, he must buy a new vehicle, however the existing tax payers will then subsidize the new costs. Chairman Dzadovsky asked if the fees are put into a lock box. The Fire Chief confirmed that the impact fees that are collected for the Fire District are kept aside in a special revenue fund for the impacts related to new growth. Commissioner Townsend reiterated her concerns over the impact on new businesses moving to the area. Chairman Dzadovsky asked Dr. Nicholas for an explanation of the effects of moratoriums on impact fees. Dr. Nicholas stated that 24 counties during the recession either drastically reduced or completely suspended the collection of impact fees while 21 counties did not. He stated that the effect would be seen in permitting activity and indicated that the counties who did not reduce impact fees experienced more growth during the recession. He explained 101Page Regular Meeting Tuesday, April 4, 2017 6:00 PM that the fall off in growth can be attributed to the reduced demand. He discussed the history of counties who have adopted impact fees and indicated these counties have continued to grow. Dr. Nicholas stated that the infrastructure needs to be in place to allow for that growth. Chairman Dzadovsky asked about the opportunity to negotiate outside of impact fees. Dr. Nicholas answered that impact fee credits are the law and have been used extensively in St Lucie County. Commissioner Townsend asked if the incentive can be used toward school and fire impact fees. Chairman Dzadovsky stated that it has been negotiated for fire stations to be built in developments of regional impact, such as Tradition. Dr. Nicholas stated that schools have sites donated for which they give impact fee credits. At this time, Chairman Dzadovsky opened the hearing for public comment. Debbie Sherrod, 21100 Glades Cutoff Road - Ms. Sherrod addressed the Board regarding the FPL solar plant. She stated that FPL only paid $7000 in impact fees, however her neighbor paid nearly $14,000 for her home. She stated the fire department could reevaluate their services, based on her experience with a fire in her neighborhood. She indicated that 2 fire trucks were sent to her neighborhood, despite there being no fire hydrants in the area. Chairman Dzadovsky stated that fire trucks can also carry water. Commissioner Townsend asked if the motion to approve the first reading would approve the item to continue with the stipulations as presented. Chairman Dzadovsky confirmed it will go to the second hearing and asked the County Attorney for direction. The County Attorney confirmed that any changes for staff to consider should be recommended at this time. He stated that the motion to continue to the next hearing is approved, the item will move forward as -is. Commissioner Hutchinson asked if the Board has the ability to change the item without it having to go back before the Fire Board. The County Attorney indicated it would depend on the nature of the proposed change. It stated it is ultimately the Board's authority to enact the impact fees, however it may be prudent to bring certain changes back before the Fire Board to properly consider the ordinance. Commissioner Townsend asked to confirm that approving this item approves the ordinance as -is. The County Attorney stated that the vote tonight only schedules the second reading. He offered that the Board may asked the Fire District to consider the concerns prior to the next hearing. Chairman Dzadovsky asked the Fire Chief for his input on any potential changes. Chief Emerson indicated that the Fire Board had extensive discussion regarding these fees and had many of the same questions. He explained that any changes would cause Dr. Nicholas to recalculate the fees, as based on call data. He recommended to move forward with the fees as presented. Commissioner Mowery made the motion to approve the 1st reading. 111 Page Regular Meeting Tuesday, April 4, 2017 6:00 PM Commissioner Hutchinson seconded the motion. She stated that she may not vote to approve the item at that time, based on her concerns. She asked Chief Emerson to meet with her to discuss the fees. Commissioner Bartz also asked to meet with Chief Emerson to discuss the nursing home fee. Chief Emerson stated he would be happy to meet with any commissioners but indicated that if they are looking to discuss the methodology behind the calculations they may need to meet with Dr. Nicholas. Chairman Dzadovsky retired the possibility for a pay -in -lieu of to assist the district with challenges. Chief Emerson stated that the district has negotiated many agreements related to impact fees and offered credits. Commissioner Townsend asked if the item moves to the second hearing, can it be denied at that point. She expressed concern over not being able to make changes to the ordinance. Chairman Dzadovsky stated that the ordinance would have to be denied at the 2nd hearing and that would send it back for reevaluation by the Fire District. He stated this may place the district at a severe deficit based on proposed new developments. Commissioner Hutchinson asked for clarification that the nursing home fee would be a recommendation rather than following the formula. Dr. Nicholas confirmed this statement. Chairman Dzadovsky asked for the roll to be called at this time. Commissioner Townsend - No Commissioner Bartz - Yes Commissioner Hutchinson - Yes Commissioner Mowery - Yes Chairman Dzadovsky - Yes The motion passed. RESULT: 1ST READING APPROVED Next: 4/18/2017 9:00 AM _1►Ii•11►[c1e1►U7071v/41101aL IWIN &1114:17/[01:141 1. Ordinances Amending Chapter 24 Impact Fees Chairman Dzadovsky asked the County Attorney if this item would require 4 separate actions. The County Attorney confirmed that each impact fee would be a separate ordinance and would require a separate public hearing for each. Dr. Nicholas continued his presentation for this item amending the impact fees for libraries, parks, law enforcement and public buildings. He presented the building cost per capita for the St Lucie County library system of $56.26. He also presented the material cost per capita of $38.86. These costs combined for a cost to a single family home of $270.10 as he presented total net costs based on the various land uses in the county. Chairman Dzadovsky opened the public hearing for the libraries impact fees. There were no comments from the public. 121Page Regular Meeting Tuesday, April 4, 2017 6:00 PM Commissioner Mowery made the motion to approve the first reading. Commissioner Bartz seconded the motion. The motion passed unanimously. The County Attorney clarified that the second public hearing was scheduled for April 18th at gam or soon thereafter. Next, Dr. Nicholas presented the impact fees for Parks and Recreation. He indicated the equity per capita was $536.87 and presented the revised fees based on land use type. He stated there was a decrease in Parks and Recreation impact fees based on decreased budgets during the recession. Chairman Dzadovsky opened the public hearing for the Parks and Recreation impact fees. Robert Swain, St Lucie County Resident - Mr. Swain spoke about the importance of parks to bring tourists to the county. He stated that funds for Parks and Recreation should not be cut. Commissioner Mowery made the motion to approve the first reading. Commissioner Bartz seconded the motion. The motion passed unanimously. Commissioner Mowery stated that he met with staff regarding these topics and indicated that staff would be reaching out to coordinate with the Treasure Coast Builders and Chamber of Commerce. He indicated those organizations would be providing additional feedback. The Planning and Development Services Director asked the Board to schedule this item for the May meeting to allow for a workshop with those organizations. The County Attorney indicated that a motion to reconsider the previous motions, to set the next hearings for a future meeting in May or June. He stated that state law requires 90 days after approval before the fees will go into effect. The Planning and Development Services Director asked the Board to consider the June 6th meeting for the second hearings to allow for adequate time. Chairman Dzadovsky asked to confirm the overall reduction. Staff stated the totals depend on the use type, and she would prepare that information for the next meeting. Commissioner Mowery made the motion to amend the date of the second hearing for Parks and Recreation impact fees to June 6th. Commissioner Townsend seconded the motion. The motion passed unanimously. Commissioner Mowery made the motion to amend the date of the second hearing for libraries impact fees to June 6th. Commissioner Hutchinson seconded the motion. The motion passed unanimously. The County Attorney clarified the meetings would be June 6th at 6pm or soon thereafter. At this time, Dr. Nicholas presented the law enforcement impact fees. He calculated the cost per capita at $203.84. He explained a chart of updated impact fees based on land uses, and detailed the major changes based on demographic changes. Chairman Dzadovsky opened the public hearing for the law enforcement impact fees. Anthony Gambardella, 8126 Saratoga Way Port St Lucie - Mr. Gambardella thanked the Board and staff for postponing the second hearing to allow for additional time to consider the calculations. 13 1 P a g Regular Meeting Tuesday, April 4, 2017 6:00 PM Commissioner Mowery made the motion to approve the first reading. Commissioner Bartz seconded the motion. The motion passed unanimously. Dr. Nicholas presented the public buildings impact fees. He explained the cost per capita of $471.83 and the calculated cost by land use. Dr. Nicholas recommended not changing this impact fee at this time, due to the rapid technological changes occurring in the nature and delivery of administrative services. He stated that by staying with existing fees, the county would not exceed any costs and remain consistent with state law. Chairman Dzadovsky opened the public hearing for the public building impact fees. Commissioner Townsend made the motion to approve the first reading. Commissioner Bartz seconded the motion. The motion passed unanimously. Commissioner Townsend thanked Dr. Nicholas for his time and guidance. Dr. Nicholas summarized the Board's actions tonight with a chart of the update fees. He stated the fees increased $5 for a single family home and detailed the fluctuations by land use including an overall increase for nursing homes. He concluded by comparing the total updated impact fees with surrounding counties. Chairman Dzadovsky thanked Dr. Nicholas for his presentation and expertise. At this time, Chairman Dzadovsky asked the Board for a brief recess. The meeting reconvened at 8:20 PM. RESULT: 1ST READING APPROVED Next: 6/6/2017 6:00 PM 2. Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment The Comprehensive Planning Coordinator presented this item for a text amendment to the Land Development Code that would create supplemental standards for Agricultural Labor Housing for Section 7.10.08 Rural and Farmworker Housing that is currently "reserved" in the Land Development Code. She stated the 1990 adopted supplemental standards section of the Land Development Code reserved Section 7.10.08 Rural and Farmworker housing for future implementation of supplemental standards for Farmworker Housing. To date, this section remains blank. She indicated the Land Development Code currently designates Agricultural Labor Housing as a conditional use in the agricultural 5, agricultural 2.5 and agricultural 1 zoning districts. Staff indicated that this draft ordinance was formulated with input from the Development Review Committee and the applicant along with guidance from State of Florida Department of Health Administrative Code. It is the intent of these supplemental standards to provide a suitable housing environment while protecting the health, safety and general welfare of the farm laborers and the general public. The Comprehensive Planning Coordinator stated the proposed ordinance will provide a Definition for agricultural labor housing, the type of housing and accessory uses for farm laborers development, the standards of review including Florida Building Code, Fire Department and the Florida Department of Health. Agricultural Labor housing must be licensed by the Department of Health as a migrant labor camp. The health department will make regular inspections. As a conditional use approval under the conditional use permit staff is required to provide copies to the Planning Department. She indicated the Florida department of Health have certain requirements that will be part of the review process under the supplemental standards and will be monitored annually. 14 1 Pag Regular Meeting Tuesday, April 4, 2017 6:00 PM Staff stated all proposed Agricultural Labor Housing developments will be reviewed under a site specific application under the conditional use standards of review process along with these supplemental standards. A conditional use application requires two public meetings, one before the Planning and Zoning Commission and one before the Board of County Commissioners. She explained that conditions may be attached to a conditional use permit as seen necessary to carry out the spirit and purpose of the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed supplemental standards will provide the criteria to submit a Conditional Use Permit Application for further site specific review. The second public hearing for this item is scheduled for April 18th at gam. There were no comments from the public. Commissioner Townsend made the motion to approve the first reading. Commissioner Mowery seconded the motion. The motion passed unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Ravinia Future Land Use Map Amendment The County Senior Planner presented this item for an amendment to the future land use map for Ravinia Port St Lucie LLC. The requested change is from residential suburban residential urban. Staff explained the item is a legislative item and was heard by the local planning agency on March 16th. At that time, a denial of the amendment was recommended, citing detrimental impacts on surrounding properties. At that hearing, 5 property owners spoke in opposition of the project, expressing concern over traffic, density and buffers. This petition was submitted along with an application with a PUD to develop a 150 unit residential project. The future land use change is required to allow an additional 30 units in the Ravinia PUD project. The County Senior Planner presented maps of the proposed site and indicated the specific location and surrounding land use designations. Staff also presented the proposed planned unit development site plan for reference when considering the future land use amendment. She explained that the residential future land use designation for the entire parcel will be consistent with the surrounding neighborhood. Staff explained the specific policies related to a future land use map amendment that require items to be brought before the Board; Policy 1.1.5.3 and Policy 2.1.1. She concluded that this amendment would be in compliance with these policies. The County Senior Planner clarified that this future land use amendment is a preliminary development order and therefore does not imply that any particular development scenario can occur on this property but will allow for the additional units on this property with a possible stop light at the intersection. Chairman Dzadovsky asked if there is a requirement to come in with the same density when the site plan review process occurs. He also asked about potential traffic study to help residents on the property. Staff confirmed the Board is under no obligation to approve any level of density at this time and the traffic study could be requested. 151Page Regular Meeting Tuesday, April 4, 2017 6:00 PM Commissioner Townsend asked if the Board is able to put restrictions on this amendment. Chairman Dzadovsky confirmed that the Board cannot put restrictions. He clarified that he this decision is not regarding the site plan at this time. The County Senior Planner concluded that the proposed land use change is compatible with the surrounding land uses and consistent with the County's Comprehensive Plan and Land Development Code. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. Staff recommends that the Board transmit the petition to the Florida Land Planning Agency for further review. If this item is approved for transmittal, the final approval for the land use amendment and the PUD application would be scheduled for the same public hearing in June. The applicant, Craig Perry commented on the objective of the amendment. He indicated that the proposed plan would be the most efficient use of the land based on the surrounding areas. Commissioner Mowery reiterated that he has concerns regarding the site plan that he would like to address before the site plan is presented to the Board. Chairman Dzadovsky asked about the proposed left hand turn out of Christensen Road and only being able to turn right out of the development. He asked the Board and staff to support putting a traffic light at Christensen Road to address this concern. Mr. Perry indicated he could discuss this item with the Board. Commissioner Hutchinson stated she also had similar concerns related to the project. Chairman Dzadovsky opened the hearing for public comment at this time. Robert Swain, 2889 Rainbow Dr. Fort Pierce - Mr. Swain indicated he lives at the corner adjoining the property. He expressed concern over putting 40' lots next to his 100' lot and stated it is inconsistent with the neighborhood. He stated the proposed plan could affect property values. He asked that once the zoning is change, the applicant can place up to 250 homes on the site. The Senior County Planner answered that the zoning will remain the same until the PUD is modified. Commissioner Hutchinson asked if the applicant were to sell the property with the new future land use designation, it would be qualified for 250 units. The Senior County Planner answered that number is the maximum density allowed. She stated that statement was correct, there is no guarantee that the proposed site plan will come back. She confirmed that new site plan would still need to come before the Board as a public hearing. Shirley Lindstadt, 3263 Daniels St, Fort Pierce - Ms. Lindstadt indicated that her property is located at the north end of the proposed Ravinia site. She asked for clarification regarding the exits on the property. Chairman Dzadovsky indicated that there is another entrance/exit not displayed on the particular map. Ms. Lindstadt expressed her concern regarding the inconsistent nature of this land use in the area. She asked about conditions on Christenson Road, including current traffic trends. She stated that traffic will reroute down Daniels Road. 161Page Regular Meeting Tuesday, April 4, 2017 6:00 PM Al Fried, 2872 Lucy Lane Fort Pierce - Mr. Fried stated he was speaking in objection of the Ravinia project and indicate the proposed site directly borders his property. He explained his concerns regarding the nature of the development and the changes related to the project over time. He also expressed concern related to the proposed buffers, street lighting and environmental concerns such as the gopher tortoise habitat on his property. Chairman Dzadovsky stated that many concerns being raised are related to the site plan. He confirmed with staff that the site plan will be addressed during the site plan review process. Raymond Harless, 3171 W Midway Rd Fort Pierce - Mr. Harless reiterated the previous comments made. He asked if the decision tonight was for a zoning change. Chairman Dzadovsky answered it is for a land use update Mr. Harless asked why the residents would have to rezone their land. He stated that would increase their taxes. Chairman Dzadovsky indicated the property boundary for the land use change would not affect the ad valorem assessment. He stated this is used to value the homes and that is how taxes are determined. Mr. Harless also spoke about the traffic related to the development and the 5 homes per acre. The County Senior Planner noted that would be maximum density allowed, the current plan proposed 2.77 dwelling units per acre. Mr. Harless asked about the proposed entrance on Midway and stated it will no longer be there. Chairman Dzadovsky asked staff to present the map of the development to demonstrate the entrance on Midway Road. Mr. Harless asked if the entrance will be moved away from West Virginia Dr. Staff stated it would be in the same location as it was approved in 2006. She noted the buffer was enhanced at that time, however the roadway could not be relocated based on the Comprehensive Plan. Mr. Harless continued by stating the Midway Road entrance would cause issues with the properties on West Virginia Dr. Chairman Dzadovsky stated the entrance could not be moved because the property contains a wetland preserve. He reiterated that the site plan will be presented multiple times in the future, and specific conditions are not for discussion tonight. He stated any adjustments can come at that time. Mr. Harless expressed concern regarding drainage of proposed site. Chairman Dzadovsky stated that he was concerned the original site plan was approved in 2006. He asked staff if there is an opportunity to request changes in the site plan moving forward. The County Senior Planner confirmed that a new site plan approval would be needed as the site plan has expired. Commissioner Mowery confirmed the applicant will have to come back before the Board. He reiterated that site plan issues will be accepted for consideration, however the project is focusing on land use currently. 171Page Regular Meeting Tuesday, April 4, 2017 6:00 PM Steven Harless, 5060 Christenson Road Fort Pierce - Mr. Harless stated his concerns regarding the density of the project compared to his home and the surrounding properties. He also discussed the current traffic issues he encounters in his neighborhood. He stated the proposed traffic light would be helpful. Mr. Harless stated that the increased traffic would block residents in at their homes. Commissioner Mowery asked the comments to focus on the map of the surrounding land uses as presented. Commissioner Townsend asked Mr. Harless to show where his home is on the map. He demonstrated how traffic currently builds up at the intersection and his concerns regarding the future changes. Chairman Dzadovsky closed the public hearing at this time. Chairman Dzadovsky confirmed with staff that the recommendation is to move forward with transmittal. He retired that the current item is the future land use decision and site plan review will happen at another time. Commissioner Hutchinson made the motion to deny the application. She stated that the future land use did not reflect the character of the neighborhood. She spoke about that portion of Midway Road and the transition over the years. Chairman Dzadovsky asked if there was a seconder for the motion. Hearing none, the motion died. Commissioner Mowery made a motion for approval. He asked staff to add language that indicates the future land use is in line with the county's requirements. The County Attorney confirmed there is a staff analysis that examines the Comprehensive Plan. He continued that this vote is for the transmittal, it will then go to the state agency and they will give comments back to the county. He stated an approval hearing will be before the Board as a public hearing as well as a PUD hearing if the Board decides to approve the item. He clarified the vote is only for transmittal, a second public hearing will he held for approval once state comments are considered. Commissioner Mowery indicated that when looking at the land use map, the proposed land use change is compatible with surrounding areas. He stated that site plan approval may still be denied moving forward, based on the concerns heard tonight. Commissioner Mowery restated his motion for approval. Chairman Dzadovsky asked the applicant to strongly consider the comments made by residents at the meeting. He stated the concerns are valid and asked the applicant to consider these changes for their site plan presentation. He asked the County Attorney if he would be able to second the motion. However, since Commissioner Mowery made the motion he could not accept the gavel as Vice -Chair. Commissioner Townsend seconded the motion, and reiterated the comments regarding the importance of considering the site plan changes moving forward. Chairman Dzadovsky asked for the roll to be called: Commissioner Bartz - Yes Commissioner Hutchinson - No Commissioner Townsend - Yes Commissioner Mowery - Yes Chairman Dzadovsky - Yes The motion passed. 18 1 P a g Regular Meeting Tuesday, April 4, 2017 6:00 PM RESULT: ADOPTED [4 TO 11 MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend NAYS: Frannie Hutchinson 4. Conditional Use Permit - FPL Loggerhead Solar Energy Center Chairman Dzadovsky asked the County Attorney if this item could presented along with Item 10.A.3. The County Attorney confirmed this could be done as an A-B item, with the conditional use permit being presented first. Item 10.A.3 is dependent upon the approval of Item 9.B.4. The County Senior Planner presented this item for a conditional use permit and major site plan for the FPL Loggerhead Solar Energy Center. Staff presented a map of the site location and detailed the land uses and zoning of the surrounding areas. He explained that the proposed solar generation center is adjacent to an existing FPL transmission line and will create clean, renewable energy by converting sunlight via photovoltaic solar arrays into electricity. This zero emission electricity will be converted into alternating current utilizing power inverters and will be carried to the collector substation where the voltage is boosted for transmission through the electric grid. This solar generation facility will include approximately 300,000 solar panels that will cover nearly half the property, 16-20' wide stabilized access paths for maintenance and a 2- acre substation located at the northeast corner of the property. The County Senior Planner continued that access to the site will be obtained by utilizing the South Florida Water Management District easement along the southern edge of the property. During construction, FPL will maintain the roadways and easements located outside the development. Construction activities and deliveries to the site will occur during the hours from 7 am-6 pm on weekdays and 8 am-5 pm on Saturday. He noted that FPL will seek permission to construct a temporary construction access point that will be used strictly for the delivery of heavy oversized equipment on the northern property line, crossing the Florida East Coast Railway railroad track. Usage of this temporary construction access point will be governed in accordance with any crossing agreements reached with FEC, and will be strictly for the delivery of aforementioned equipment and for emergency ingress and egress during the construction period. Construction will be accomplished within a 9 month period with permanent access being restored and maintained at the southeast corner of the site. He indicated the facility will be unmanned and 7 foot high fence with barbed wire will be installed around the perimeter. FPL employees do not report to the location and no water or fuel will be used to maintain the facility. Staff presented a photo of the solar panels which stand approximately 2 feet off the ground at their lowest point and are approximately 6 to 7 feet in height at their highest point. He explained the solar arrays are static, operate silently, have zero reflection or odor. He stated that the conditional use permit is consistent with Land Development Code requirements and the Comprehensive Plan conservation element. Staff provided 191Page Regular Meeting Tuesday, April 4, 2017 6:00 PM an environmental impact report. The Senior Planner stated the applicant has requested 2 waivers from the Land Development Code requirements: -A waiver from the 10 percent maximum lot coverage as 49 percent of the lot is covered by structures - A waiver from the minimum landscaping and screening requirements to allow for optimal solar access. Staff indicated have been no objections by adjoining property owners regarding these waivers. He stated that there are conditions of approval that require the applicant to install landscaping if there are voids in the northern or southern buffers to prevent visibility of the solar equipment. The applicant has provided a traffic statement which indicates that the proposed development of the solar generation facility will result in a net decrease in site traffic due to the change in use from agriculture. The site proposes to have one ingress/egress from an easement 50 feet in width running parallel and adjacent to the north right-of-way line of the C-23 Canal. This access will average four monthly vehicular trips for maintenance purposes only. Notice of this public hearing was advertised on March 23rd and the applicant has installed the required public hearing notice sign on subject property. As required by code, property owners within 500 feet of the subject property were noticed by mail. He presented a map of the 5 response forms received, 2 in favor and 3 in opposition. Outside of the 500 foot radius, 3 responses were received in opposition. The Senior Planner stated the proposed conditional use should not have an undue adverse impact upon nearby properties. The proposed solar generation facility is a low impact use which is compatible with the surrounding agricultural uses. Impacts regarding noise, visual, odor, glare and traffic have been addressed. The Planning and Zoning Commission met on March 16 and recommends unanimous approval of the request. Staff recommends approval of both the major site plan and the conditional use permit subject to the following conditions: • The conditional use improvements and operations shall be consistent with the Major Site Plan. • On -site construction activities and/or repairs to the solar energy facility shall be restricted to the hours of 7:00 am- 6:OOpm on weekdays and 8:00 am-S:OOpm on Saturday. • Footcandle readings for all exterior lighting shall be zero at adjacent property lines. • If the use is not operated for a continuous period of 12 months, it shall be considered abandoned, and the abandoned equipment shall be grounds for the county to remove at the expense of the owner if not removed within 180 days. • The owner at all times shall comply with the St. Lucie County Code of Ordinances regulating noise. • An opaque buffer shall be maintained along the road and canal right-of-way to so that the structure and equipment is not visible. • Prior to the approval of this application, the applicant shall be required to post a bond to assure that any damage in in the Glades Cut Off Road right-of-way is restored to pre - construction conditions. 201Page Regular Meeting Tuesday, April 4, 2017 6:00 PM The County Attorney indicated this item is a Quasi -Judicial hearing and asked the Board to make their disclosures at this time. Commissioner Hutchinson stated she met with the applicant and representatives, she spoke with staff and received letters from residents. Commissioner Townsend stated she met with the applicant and representatives, she spoke with staff and received letters from residents. Commissioner Bartz stated that she had spoken with the applicant and staff. Commissioner Mowery stated he met with the applicant and representatives, he spoke with staff and received letters from residents. Chairman Dzadovsky stated he spoke with the applicant and received a packet of information from residents. At this time, Amy Brunjes with Florida Power & Light addressed the Board. She stated the presentation tonight was an important milestone for the partnership between Florida Power & Light and St Lucie County. She presented the proposed FPL Loggerhead Solar Energy Center and provided information regarding the company's history with renewable energy. Ms. Brunjes explained FPL's goals relating to reliability, affordability and providing clean energy. She detailed the history of solar energy projects in the state and explained FPL's plans to continue expanding. Ms. Brunjes indicated the focus on being a good neighbor to communities that FPL brings solar projects into. She explained the ongoing outreach efforts, including the open house on February 27 where neighbors within 1500 were invited to attend. Chairman Dzadovsky asked about the 1500 foot area that was contacted regarding the project. Ms. Brunjes indicated that the county requires 500 feet, and FPL chose to extend the perimeter for notification. Reed Shep, with the Business Development Team of Florida Power & Light continued the presentation. He discussed the characteristics of a solar center site the key benefits these sites provide. Mr. Shep also presented the components of the solar panels and racking and demonstrated how the site would appear. He presented a map of the proposed site location and addressed concerns regarding the noise coming from the site. He submitted a noise survey conducted at a similar facility that determined the operational noise was below levels typically found in a library. Mr. Shep also addressed concerns regarding emergency services and the temporary access road. He indicated the site will be designed and constructed in accordance with NFPA standards. Chairman Dzadovsky asked about the sound of the site at night. Mr. Shep confirmed the site will only operate during the day and will produce no sound at night. At this time, Josh Long, a certified planner with the Gunster Law Firm submitted a copy of the presentation and noise study for the record. Mr. Long thanked county staff for their cooperation on the application and agreed with staff's analysis and conditions of approval. He reviewed the conceptual site plan and noted the key components of the site, including the main construction and operation entrance and substation location. Mr. Long detailed the buffer analysis that would assure residents the project would not 211 Page Regular Meeting Tuesday, April 4, 2017 6:00 PM be visible. He discussed FPL's additional condition of a gap buffer, if needed. He presented visualization of the various buffers from different angles. Chairman Dzadovsky opened the hearing for public comment at this time Debbie Sherrod, 21100 Glades Cutoff Road - Ms. Sherrod thanked FPL for addressing the concerns raised during the open house meeting. She spoke about the railroad crossing operating near her home. She stated the crossing will only be for 4 months however there are no crossing arms at the location and the train will sound its horn. She also asked which party will determine if the roadway needs repairs. Chairman Dzadovsky answered the county Road and Bridge Department would be the one to evaluate the roadway. Ms. Sherrod spoke about the 7 foot fence and expressed concern over the impact on wildlife. She stated the north end of the site does not provide the same buffer as the south end and stated wildlife will be driven into the roadways. Joan Sherrod, 21750 Glades Cutoff Road - Ms. Sherrod spoke about the noise impact of the proposed site. She indicated that her resource determined the equipment would make noise. She stated the test done at the other facility did not account for surrounding residents. Melissa Jaques, 21040 Glades Cutoff - Ms. Jaques thanked FPL for listening to the concerns of residents and conducting their noise impact study. She indicated that the construction contractor met with residents to guarantee the railroad crossing will be closed and restored and she acknowledged the buffer improvements. Ms. Jaques expressed her concerns regarding fire risk at the site. She spoke about the 5 mile drive from her home to a fire hydrant and the equipment requirements to fight a fire in that area. She indicated that there have been 7 brush fires between March 2013 and February 2017. She stated that homeowner's insurance liability will increase with this site. Chairman Dzadovsky answered Ms. Jaques based on his experience as a firefighter and on the Fire Board. He stated an electrical fire would not require water. He also stated that St Lucie County has moved from a 9 to a 3 ISO rating because of the Fire District's ability to use tenders and draw from the C-23 Canal. He noted the trees would not be a fire issue of this site. He encouraged her to contact her insurance company regarding that rating improvement to reduce fire insurance costs. He noted documentation is available on the St Lucie County Fire District website. Pat Condon, 20994 Glades Cutoff Road - Mr. Condon spoke about the value of low noise levels in that area. He stated that any noise at night would impact that. He acknowledged statements regarding the facility not operating at night and indicated that gave him reassurance regarding his concern. He reiterated the importance of the buffer. Don Cannon, 21660 Glades Cutoff Road - Mr. Cannon stated that FPL has fully accommodated the residents during this process. He expressed concern regarding the construction schedule, particularly operation for 11 hours a day for 5 days each week. He asked FPL and the Board to consider giving residents a break on Saturday. Mr. Cannon stated that FPL offered to move construction to the south end on Saturdays. Pete Tesch, St Lucie County Resident - Mr. Tesch identified himself as the President of the Economic Development Council of St Lucie County. He addressed the Board on 221Page Regular Meeting Tuesday, April 4, 2017 6:00 PM behalf of the executive committee of the EDC and expressed support of the Loggerhead project. He indicated the committee voted unanimously to support the project. He stated the project offers a great economic opportunity for the county. Mr. Tesch indicated that FPL is working with IRSC to implement a training in program for solar panel installation. He also indicated FPL has reached out to veterans to include them in this construction opportunity. Chairman Dzadovsky asked FPL to address the questions brought forward. He also asked if hiring efforts would be focused locally. Commissioner Townsend also asked if construction could be suspended on Saturdays. Mr. Shep addressed the Board on the construction topic. He noted the current schedule is very aggressive to attempt to bring the project online early next year. He indicated that the loudest activity would be a 3 month process and FPL would like to maintain construction on Saturdays to offset days potentially lost to lightning strikes. He indicated the company is flexible, however. Mr. Shep reiterated the railway crossing will be removed once the heavy equipment is brought onto the site. He stated the crossing would also be used for emergency access during the construction process. Ms. Brunjes addressed the project hiring. She stated the IRSC 5 week training will begin in May and IRSC will conduct a job fair at the end of May. She indicated the construction will begin shortly, following approval. Therefore, the contractor will already have their staff lined up for the project. However, once the training program is complete the students will be ready to assimilate into the construction process. She noted St Lucie County is the first and only location with the curriculum at this time. Future projects in St Lucie County will utilize local workers. Commissioner Mowery made the motion to approve the conditional use permit. Commissioner Bartz seconded the motion. The motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend C. PUBLIC WORKS 1. Resolution - Fra Mar/Wagner MSBU Final Assessment Resolution This item was moved before Item 9.A.1. The County MSBU Coordinator presented this item for the Fra Mar/Wagner MSBU final assessment resolution. Staff stated that over the past several years, the county has received petitions from property owners on Fra Mar Place and Wagner Place in support of creating a Municipal Services Benefit Unit (MSBU) to fund the cost of providing potable water and fire protection improvements to their neighborhood. The Board approved the initial assessment resolution in January and accepted the submitted petitions at 51.9% in favor. She continued, the Fra Mar/Wagner MSBU includes 35 mixed use parcels and is east of Oleander Ave and north of Farmers Market Road. In October 2016, affected property owners were notified by mail of their maximum 231Page Regular Meeting Tuesday, April 4, 2017 6:00 PM estimated assessment amount. On October 27, 2016 an informational meeting was held with county staff, FPUA staff and property owners to discuss the MSBU process, project design, project cost, and annexation issues. The County MSBU Coordinator indicated that the proposed MSBU is located within the utility service area of Ft Pierce Utilities Authority (FPUA). FPUA has designed, permitted, and bid the project and agreed to provide construction management and inspection services at no cost to property owners. FPUA has also agreed to contribute up to $57,899 toward the project to offset capital improvement charges. She indicated these terms are located in an intermodal agreement created by the county, FPUA and the city of Fort Pierce. Staff stated that FPUA's total contributions have reduced the project cost by approximately $110,000 and these contributions to county MSBUs result in a much lower assessment costs for property owners. The County MSBU Coordinator indicated the project entailed the installation of potable water mains, fire hydrants and individual water services. She stated that property owners are encouraged to contact their homeowners insurance regarding possible fire hydrant discounts. It is not mandatory for existing homes to connect to the system and those who do connect can keep their existing wells for irrigation or pools. She stated meter boxes will be installed in the right-of-way at each property line and connection from the home to the meter is the homeowner's responsibility. Staff continued, in January of 2017, the Board approved the initial assessment resolution for the Fra Mar/Wagner MSBU. She explained the method of assessment for the project as one equivalent residential connection or ERC per single family home, .7 for multifamily unit and .5 per warehouse bay. She indicated one property owner chose to file a restricted covenant agreement, which lowered their ERC. The County MSBU Coordinator stated that if the Board approved the resolution, property owners will have an opportunity to pay their assessment prior to financing, thereby avoiding additional costs. Annual assessments are scheduled to be collected for ten years beginning in November 2017. Annual assessments are currently being calculated at an interest rate of 5%. The actual interest rate will be known after financing is obtained and is expected to be lower. The final assessment resolution confirms the maximum assessed cost of the project to be $283,000. The maximum preliminary assessment amount is $5,339 per ERC and an annual payment of $692. If the assessment is paid in full during the prepayment period, the maximum discounted prepayment assessment amount is $4,398. Staff explained the assessment imposed against each parcel may be further 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. Assessments remain 24 1 Regular Meeting Tuesday, April 4, 2017 6:00 PM with the property, therefore if the property is sold the assessment is not required to be paid off. Staff recommended approval of the resolution. There were no comments from the public on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 10. REGULAR AGENDA A. PLANNING AND DEVELOPMENT SERVICES 1. Resolution - Turtle Nest Minor Site Plan This item was presented after Item 10.A.2. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Resolution - Pelican Reef Minor Site Plan and Wetland Waiver Staff asked to present this item before Item 10.A.1 to address the wetland waiver. Commissioner Mowery indicated that staff had provide sufficient information for this item. He asked to move forward with the vote at this time and made the motion for approval. Commissioner Townsend seconded the motion. The motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Major Site Plan - FPL Loggerhead Solar Energy Center This item was presented along with Item 9.13.4. The item was voted on separately. Commissioner Mowery made the motion to approve the major site plan. Commissioner Hutchinson seconded the motion. The motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 25 1 Regular Meeting Tuesday, April 4, 2017 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on April 11, 2017 at 9 a.m. 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 a Regular Meeting on April 18, 2017 at 9 a.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The 2017 St. Lucie County Earth Day Festival will take place April 29, 2017, from 10 a.m. to 3 p.m., at Oxbow Eco-Center, 5400 N.E. St. James Drive, Port St. Lucie. For details visit: www.oxboweco.com or call (772)785-5833. 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. 26 1