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EROSION DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, June 1, 2021
6:01 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 4, Chair
FRANNIE HUTCHINSON
District No. 5, Vice -Chair
CATHY TOWNSEND
District No. 1
CHRIS DZADOVSKY
District No. 2
SEAN MITCHELL
District No. 3
LINDA BARTZ
Mission Statement
St. Lucie Works to deliver superior service that enhances our quality of life
Page 1 of 38
Regular Meeting Tuesday, June 1, 2021 6:01 PM
%A/Pi rnnaF
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board
meeting.
INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or
opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a
candidate for public office.
DECORUM — Please be respectful of others' opinions.
MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD
772-462-1428 at least 48 hours prior to the meeting.
21Page
Page 2 of 38
Regular Meeting Tuesday, June 1, 2021 6:01 PM
1. CALL TO ORDER
2. GENERAL PUBLIC COMMENT
3. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the Erosion Special Meeting of May 4, 2021.
B. Board of County Commissioners minutes for the Erosion District Meeting of May 18, 2021
4. CONSENT AGENDA
A. WARRANTS
1. Warrant Lists 33
B. PUBLIC WORKS
1. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Lake Garden Development Incorporated - Parcel No. 26 -
Parcel ID 4502-314-0001-200-6
Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction
Easement, authorize the Chair to sign the resolution and direct staff to record the
documents in the public records of St. Lucie County, Florida.
2. St. Lucie County, Florida Coastal Storm Risk Management Project - Temporary Beach Storm
Damage Reduction Easement - EFTX, LLC. - Parcel No. 5 - Parcel ID 4512-331-0002-000-5 -
ITEM PULLED
5. REGULAR AGENDA
There are no items scheduled.
6. MOTION TO ADJOURN
31Page
Page 3 of 38
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Erosion District Meeting
May 4, 2021 Convened: 6:04 P.M.
Adjourned: 6:04 P.M.
1. CALL TO ORDER
The meeting was called to order at 6:04 PM by Chair Frannie Hutchinson District No. 4
Present
Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda
Bartz District 3, Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5
Present
Howard Tipton, County Administrator
Mark Satterlee, Deputy County Administrator
Alphonso Jefferson, Deputy County Administrator
Dan McIntyre, County Attorney
Katherine Barbieri, Asst. County Attorney
Leslie Olson, Planning & Development Services Director
Ron Parrish, Public Safety and Communications Director
Erick Gill, Communications Division Director
George Landry, Solid Waste Division Director
Jeremiah Johnson, Fort Pierce City Commission
Benjamin Balcer Planning & Development Services Assistant Director
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Hutchinson opened the meeting for public comment at this time. There being no one wishing to
address the Board, Chair Hutchinson closed public comment.
Page 4 of 38
Erosion District Meeting Tuesday, May 4, 2021 6:04 PM
3. CONSENT AGENDA
A motion was made to approve staff recommendation and it passed unanimously.
RESULT:
APPROVE
MOVER:
Commissioner District 5 Cathy Townsend
SECONDER:
Commissioner District 2 Sean Mitchell
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy
AYES:
Townsend
NAYS:
None
EXCUSED:
None
UW2113[41KY191.4,N1
1. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Hutchinson Island Club Condominium Association, Inc. - Parcel No. 17 -
Parcel ID 4511-514-0000-000-9
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
2. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Seawinds Condominium Association, Inc. - Parcel No. 24 - Parcel ID 4502-
�311191I1I1I11900]
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
3. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Beach Club Property Owners' Association, Inc. - Parcel No. 13 - Parcel ID
4511-521-0001-000-8 and Parcel ID 4511-521-0001-000-1
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
21Page
Page 5 of 38
Erosion District Meeting Tuesday, May 4, 2021 6:04 PM
Adopted by Consent Vote
4. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Jencourt LLC - Parcel No. 4 - Parcel ID 4512-331-0002-020-1
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
5. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Emerald Funding, LLC - Parcel No. 7 - Parcel ID 4512-313-0001-000-2
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
6. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage
Reduction Easement - Oceanrise Condominium Association, Inc. - Parcel No. 20 - Parcel ID 4511-
515-0000-000-2
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
7. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Island Dunes Oceanside II Condominium Association, Inc. - Parcel
No. 39B - Parcel ID 3535-322-0003-000-2
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
8. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Island Dunes Oceanside I Condominium Association, Inc. - Parcel
31Page
Page 6 of 38
Erosion District Meeting Tuesday, May 4, 2021 6:04 PM
No. 39A - Parcel ID 3535-322-0003-000-2
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
9. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Claridge By The Sea Condominium Association, Inc. - Parcel No. 23
- Parcel ID 4502-805-0000-000-4
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
10. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Sand & Sea Development Group, LLC - Parcel No. 46 - Parcel ID
3534-111-0008-000-6 and Parcel No. 47 - Parcel ID 3534-111-0002-000-4
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
11. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - The Princess Condominium Association of Hutchinson Island, Inc.
- Parcel No. 33 - Parcel ID 4502-610-0000-000-6
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
12. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm
Damage Reduction Easement - Dennis G. Von Aldenbruck - Parcel No. 40 - Parcel ID 3535-322-
0001-100-9
41Page
Page 7 of 38
Erosion District Meeting Tuesday, May 4, 2021 6:04 PM
Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement,
authorize the Chair to sign the resolution and direct staff to record the documents in the public
records of St. Lucie County, Florida.
Adopted by Consent Vote
4. REGULAR AGENDA
There are no items scheduled.
S. 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.
S1Page
Page 8 of 38
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Erosion District Meeting
May 18, 2021
1. CALL TO ORDER
Convened: 10:50 AM
Adjourned: 10:50 AM
The meeting was called to order at 10:50 AM by Chair Frannie Hutchinson District No. 4
Present
Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda
Bartz District 3, Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5
so Present
Howard Tipton, County Administrator
Alphonso Jefferson, Deputy County Administrator
Dan McIntyre, County Attorney
Stan Payne, Director of Port and Airport
Leslie Olson, Planning and Development Services Director
Ron Parrish, Public Safety and Communications Director
George Landry, Solid Waste Division Director
Patrick Dayan, Water Quality Division Manager
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Hutchinson opened the meeting for public comment at this time. There being no one wishing to
address the Board, Chair Hutchinson closed public comment.
3. APPROVAL OF MINUTES
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
Page 9 of 38
Erosion District Meeting Tuesday, May 18, 2021 9:01 AM
AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend
NAYS: None
(EXCUSED: None
A. Board of County Commissioners minutes for the Erosion District Meeting of April 20, 2021.
4. CONSENT AGENDA
A motion was made to approve staff recommendation, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 5 Cathy Townsend
SECONDER: Commissioner District 3 Linda Bartz
AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend
NAYS: None
EXCUSED: None
/_AM%1ilk] :1/_1►1M
1. Warrant Lists 28 - 31
Adopted by Consent Vote
5. REGULAR AGENDA
There are no items scheduled.
6. MOTION TO ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
21
Page 10 of 38
05/14/21 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #33- 08-MAY-2021 TO 14-MAY-2021
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 9,791.70
GRAND TOTAL: 9,791.70
PAGE 1
PAYROLL
3,743.20
3,743.20
149
Page 11 of 38
2021-51621
DATE: 6/1/2021
AGENDA REQUEST
TO: Erosion District
PRESENTED BY: JoAnn Riley, Property Acquisition Manager
SUBMITTED BY: Property Acquisition Division
SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach
Storm Damage Reduction Easement - Lake Garden Development Incorporated -
Parcel No. 26 - Parcel ID 4502-314-0001-200-6
BACKGROUND:
In 2013, St. Lucie County partially restored South County beaches while a federal shore protection project was
under development by the U.S. Army Corps of Engineers (USACE). About 3.4 miles of beach from Normandy
Beach Park to the Martin County line were nourished via placement of about 635,000 cubic yards of sand on
the beach and 280,000 plants on the restored dune crest. As part of preparations for the 2013 project, in
2012, the County obtained Temporary Easements from each property owner in the project area. These
Temporary Easements authorized a limited use of the seaward portion of each property by the County to
construct, repair, nourish, rehabilitate and replace a beach and dune over the limits of construction ... from
the landward toe of the dune to the mean high water line; these project specific Temporary Easements
expired on March 1, 2016.
The USACE is the agency designated by Congress to protect the nation's shores from the chronic effects of
erosion and coastal flooding. After completion of studies by the USACE-Jacksonville District, the U.S. Congress
authorized a 50-year federal cost -shared beach project through America's Water Infrastructure Act of 2018.
The USACE is expected to place sand on the project beaches to help reduce the threat of coastal storm
damage and avoid the high costs of coastal storm damage as part of the Congressionally -authorized project in
coordination with St. Lucie County. To effectuate the federal project, the County must obtain Easements for
construction and maintenance of the federal project - comparable to the Easements obtain for the 2013
project, but with a longer duration to cover all future USACE and County efforts to construct and maintain the
federal project. USACE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for
Perpetual Construction Easements so as to avoid property rights interference with operation of the project by
the USACE and County.
As required by Florida Statutes (161.191), an Erosion Control Line (ECL) was established by the County prior to
construction of the 2013 project; the ECL effectively corresponded to the mean high water boundary between
Page 12 of 38
state sovereign lands and the adjacent upland property. All lands seaward of the ECL remain vested to the
state by right of its sovereignty; the lands landward of the ECL remain vested to the upland owner. Perpetual
Construction Easements are required for sand placement for areas landward of the ECL.
Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement from Lake
Garden Development Incorporated.
PREVIOUS ACTION:
October 2, 2012 - Board approved the 2013 South County Beach and Dune Restoration Project.
January 23, 2018 - Board action to ratify and approve the extension of federal and state permits associated
with the previously completed 2013 South County Beach and Dune Restoration Project; permits extended
through 2028.
December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286
establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal
Services Taxing Unit (MSTU).
September 2020 - Board approved the South Hutchinson Island MSTU during final FY-20/21 budget meeting.
November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project,
Project Partnership Agreement.
December 9, 2020 - St. Lucie County receives a USACE official Project Land's Request, including a specific
request for Perpetual Construction Easements along the proposed federal beach project area.
December 15, 2020 - Board approved the U.S. Army Corps of Engineers (USACE) as co -applicant on St. Lucie
County's existing FDEP Permit No. 0154626-001 and pre -authorize minor USACE permit modification requests
needed to develop plans and attain state permits consistent with the project's congressional authorization.
FINANCIAL IMPACT:
N/A - Easement being donated.
RECOMMENDATION:
Staff recommends the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the
Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County,
Florida.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
Page 13 of 38
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: May 19, 2021
Katrina Slay, Agenda Coordinator
Date: May 20, 2021
Daniel McIntyre, County Attorney
Date: May 20, 2021
Joshua Revord, Senior Coastal Engineer
Date: May 20, 2021
Don West, Public Works Director
Date: May 21, 2021
Mark Satterlee, Deputy County
Administrator
Page 14 of 38
2020 South Hutchinson Island Coastal Storm Risk Management Project
N
W+E
S
0.25 0.5
1 Miles
Map created April 30, 2020
GISpage 15
St. Lucie County, Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this -day of / ' �, 201) between Lake Garden
Development Incogporated, whose address is 2231 Rockwood Dr Marretta, GA. 30067, hereinafter referred to as the
"Grantor", and St. Lucie County Erosion District; whose address is 2300 Virginia Avenue Fort Pierce, FL 34982,
hereinafter referred to as the "Grantee".
(wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, %fiereve.the context so admits or requires.)
WITNESSETH.
WHEREAS, GRANTOR owns beaclifront property described in. Exhibit "A", incorporated by reference and
made a part hereof; and
WHEREAS, GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
for the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project") whereby GRANTEE has agreed
to be the Local Sponsor for the Project, which provides for beach and dune nourishment within the South Hutchinson
Island reach; and
WI IEREAS, as Local Sponsor for the Project, GRANTEE is required to obtain "perpetual beach storm damage
reduction" easements from owners of property in the South Hutchinson Island reach, such as GRANTOR; and
WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
GRANTOR's property and restore the adjacent beach and dune.
NOW THEREFORE, in consideration of the mutual benefits to be derived from the permitted uses described
below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties to this easement agree to the following:
GRANTOR does hereby bargain, convey, and grant a perpetual and assignable easement and right-of-way in,
ort, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by
GRANTEE, its. representatives, agents, contractors, and assigns to construct; preserve; patrol; operate; maintain; repair;
rehabilitate; and replace; a public beach a dune system and other erosion control and storm damage reduction measures
together with appurtenances thereto, including the right to deposit sand; to accomplish any alterations of contours on said
land; to construct berms and dunes; to nourish and renourish periodically; to move, store and remove equipment and
supplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
construction, periodic renourishment and maintenance of the St. Lucie County, Florida Coastal Storm Risk Management
Project, together with the right of public use and access; to plant vegetation on said dunes and berms; to erect, maintain
and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access
to dune areas; to trim, cut, fell, and 'remove from said land all trees, underbrush, debris, obstructions, and any other
vegetation, structures and obstacles within the limits of the easement; reserving; however, to the grantor(s), (his) (her)
(its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
applicable Federal, State, or local laws or regulations, provided that such. structures shall not violate the integrity of the
dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained
from the designated representative of the Project Sponsor and provided farther that such structures are subordinate to the
construction, operation, maintenance, repair, rehabilitation and replacement of the project, and further reserving to the
grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed
without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements
for public roads and highways, public utilities, railroads and pipelines.
GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the
scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is
intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including, but not
limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be
construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement.
This Easement shall become effective upon proper execution by GRANTOR.
Page 16 of 38
The covenants, rights, privileges, restrictions, and reservations set forth herein shall run with the land.
The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition
in this Easement shall be held illegal or void, such determination shall not affect the validity or legality of the remaining
terms and conditions, and not withstanding any such determination, this Easement shall continue in full force and effect
unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform.
IN WITNESS WHEREOF, GRANTOR has set hereto .its hand and seal on .the day and year above written.
Signed, sealed and delivered
in the vresence of:
Witness Sign
Print Witness
Witness Sign
Print Witness
STATE OF
COUNTY OF
Lake Garden Develo ment Incorporated
Signature
r
Title
The foregoing instrument was acknowledged befo me by means of �! physical presence or ___ online
notarization, this K day of 1202 , by vict r, 1 ali�1 �t-+G� of
Lake Garden Development Incorgorated, on behalf ofthe corporation. He/She is personally known to me or has produced
&-L-)EivP r `SL-%Zen%e as identification:
[NOTARY SEAL]
No Fublic
Mary K $1}ivat
Cobb Count% GA
7 Z4
k,/Notary
Pu c
My Commission expires:Iv 3j a-dz-'4
Page 17 of 38
EXHIBIT "A"
TOWNSHIP 36S, RANGE 41E
SECTION 2, TOWNSHIP 37S, RANGE 41 E — — —
\
\
\
cP
7
\
'9
o�
S R-105
\
O `< LANDWARD
LIMITS OF CONSTRUCTION
RAGS \ \
f MEAN HIGH WATER LINE
✓ ELEVATION = 0.51 NAVD 88
JANUARY 18, 2012
rrr►
pE
i
pN N \
N •� \
a R-108 \ 0
0
LEGEND
P.O.B. =
POINT OF BEGINNING
N
NAD =
NORTH AMERICAN DATUM
NAVD 88 =
NORTH AMERICAN VERTICAL DATUM OF 1988
R 102 =
FDEP RANGE MONUMENT (TYP)
— - - — - -
— MEAN HIGH WATER LINE AND EROSION
a
CONTROL LINE AS LOCATED JANUARY 18, 2012
N
- - - - - - - - -
- - PROPOSED LANDWARD LIMITS OF CONSTRUCTION
AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION
m
a
xl
W
PROPOSED EASEMENT AREA
i
1" = 500 FEET
A MANTIC
OCEAN
PROPOSED EASEMENT
(SEE DETAIL SHEET 3)
Morgan & Eklund Inc. SKETCH OF LEGAL DESCRIPTION
PARCEL ARM194AArlim m
PROFESSIONAL SURVEY CONSULTANTS
'0 X - 1612 NW 2ND AVENUE
M&E 4009 US HIGHWAY #1 SURE 3
VERO BEACH FL 32957 BOLA PATON FL 33432
PHONE. ((777725 3BB-5384 PHONE ((9541 421-8882
FAX: (772) WB-3185 LB 0298 FAX: (OU) 421-0425
SOUTH ST. LUCIE COUNTY BEACH RESTORATION
FOR ST. LUCIE COUNTY EROSION DISTRICT
any �r aw �r ma � our a'' a�tr
LFP DWC AMA*
CGUMMML
35117-9
1" = 509
_ ant
1 I M/20
sar 1 3
Page 18 of 38
EXHIBIT "A"
SIRC R98 -18 2012
NAD 83190 N=1081985.60
E=909213.27
27
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! 34
DNR MONUMENT 94-77-AO
NAD 83190 N=1079107.4
j E=909950.7
I TOWNSHIP 36S, RANGE 4I
(TOWNSHIP E7S, RANG—E JE
� rl
1F
POINT OF BEGINNING OF WEST EASEMENT LINE
NAD 83190 N=1081789.13
E=909316.22
35
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ATLANTIC j
OCEAN j
'J' '
2 1
u
V
I I
L*DWARI7 LIMITS
OF ICONSTRUCTION
10
1
ST. LUCIE ITY
MARTIN COUNTY
P
ONR MONUMENT
PL-R-1 4-I,92. 1992
N=1066574.82 NAD 0190
E-916051.88
Morgan
t: $kkand Inc.
PROPS6810NAL •URYlY OONSULTANTe
400o us Ha"wr 1
MBE �
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Line Table
Llne #
Dlrectlon
Length
L1
N14' 22' 29'W
2970,72'
L2
527' 39' iFE
221,81'
L3
S23' 01' 00"E
757,60'
L4
S21' 45' 01"E
999.30'
L5
S22' 40' 46"E
988, 27'
1-6
520' 27' 48"E
974,64'
L7
S20' 39' 36'E
987,46'
LS
S22' 42' 50'E
972.76'
L9
S23' 29' 45'E
1008,81'
L10
S22' 12' 1B"F
940.81'
1-11
S22. 16' 46'£
654,48'
L12
S19' 36' 39"E
386.32'
L13
523' 36' 20'E
977.16'
L14
S23' 57' 25'E
1104.24'
L15
S24' 26' 17'E
1082.21'
L16
S23' 50' 11 "E
803.61'
L17
S22' 36' 27'E
1129.03'
L18
S22' 14' 48'E
1010.56'
1-19
S22' 35' 24"E
787.45'
L20
S22' 56' 21"E
1983,23'
L21
N38' 18' 07"E
26.84'
POINT OF TERMINATION
OF WEST EASEMENT LINE
N=1065595.88 NAIL 83190
E=916068.51
bALIe H Lk WjAL ULY;Vl?#IUN
m m
7s117-9
LANDWARD LIMITS OF CONSTRUCTION
am
` SOUTH ST. LUCIE COUNTY BEACH RESTORATION
1•=3000'
FOR ST. LUCIE COUNTY EROSION DISTRICT
11a
wry av�
�m as�n
y 7
LFP UWC
��
� s
Page 19 of 38
�v
00
3
F-
0
0
I
EXHIBIT "A"
MEAN HIGH WATER LINE
ELEVATION = 0.51 NAVD 88 `
JANUARY 18, 2012 ATLANTIC
a
OCEAN
LANDWARD LIMITS ,_ `;.
OF CONSTRUCTION ���'� ��0,
PROPOSED
EASEMENT
(0.02± Ac.)
450231400012006
S OCEAN DR
LAKE GARDEN DEVELOPMENT INCORPORATED
2231 SE ROCKWOOD DR
MARIETTA, GA 30067 st7' ► '
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3628, PAGE 2775, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06, HAVING COORDINATES OF NORTHING
1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83190), PROCEED ALONG A BEARING OF
N 14° 22' 29" W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012, HAVING COORDINATES OF
NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET; THENCE S 27" 39' 18" E FOR A DISTANCE OF 221.81 FEET TO A POINT; HAVING
COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET, SAID POINT BEING THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE; THENCE S 23' 01' OD" E FOR A DISTANCE OF 757.60 FEET TO A
POINT; THENCE S 21" 45' 01" E FOR A DISTANCE OF 999.30 FEET TO A POINT; THENCE S 22' 40' 46" E FOR A DISTANCE OF 988.27 FEET TO A
POINT; THENCE S 20' 27' 48" E FOR A DISTANCE OF 974.64 FEET TO A POINT; THENCE S 20" 39' 36" E FOR A DISTANCE OF 987.46 FEET TO A
POINT; THENCE S 22° 42' 50" E FOR A DISTANCE OF 972.76 FEET TO A POINT; THENCE S 23" 29' 45" E FOR A DISTANCE OF 1008.81 FEET TO
A POINT; THENCE S 22' 12' 18" E FOR A DISTANCE OF 940.81 FEET TO A POINT; THENCE S 22" 16' 46" E FOR A DISTANCE OF 654.48 FEET TO
A POINT; THENCE S 19' 36' 39" E FOR A DISTANCE OF 386.32 FEET TO A POINT; THENCE S 23° 36' 20" E FOR A DISTANCE OF 977.16 FEET TO
A POINT; THENCE S 23' 57' 25" E FOR A DISTANCE OF 1104.24 FEET TO A POINT; THENCE S 24° 26' 17" E FOR A DISTANCE OF 1082.21 FEET
TO A POINT; THENCE S 23° 50' 11" E FOR A DISTANCE OF 803.61 FEET TO A POINT; THENCE S 22' 36' 27" E FOR A DISTANCE OF 1129.03
FEET TO A POINT; THENCE S 22' 14' 48" E FOR A DISTANCE OF 1010.56 FEET TO A POINT; THENCE S 22° 36' 24" E FOR A DISTANCE OF
787.45 FEET TO A POINT; THENCE S 22° 56' 21" E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION, HAVING
COORDINATES OF NORTHING 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET, SAID POINT BEING 26.84 FEET DISTANT FROM A
DEPARTMENT OF NATURAL RESOURCES MONUMENT PL-R-1 4-9-92 1992 (HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND
EASTING 916,051.88 FEET NAD 83/90) ALONG A BEARING OF N 38° 18' 07" E.
"SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
NOTES:
THIS IS NOT A SURVEY,
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, OWNERSHIP OR
EASEMENTS OF RECORD
NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN.
BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990.
PROPERTY LINE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.
LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY
CORPORATION.
Morgan & Eklund Inc.
PROFE8810NAL SURVEY CON8ULTANTS
1612 NW 2ND AVENUE
4909 US HIO WAY 11 SURE 3
VERO BEACH FL 329987 BOCA RATON FL 33432
PHONE (772) 355-5384 PHONE ((654� 421-6862
FAX: (772) 386-3165 FAX (9Tu41
LB 44298 421-0425
CERIVIC4TE OF SURVEYOR — I HEREBY CER77FY TM4T THE INFORA4417ON
SHOWN HEREON IS IN ACCORDANCE WTH A RECENT FIELD SURVEY
Amor UNDER MY OA!lRECTBDN, AND THAT ? IS TRUE D CORRECT TO
THE BEST OF MY cNOH2EOGE AND BEUEf, AND MEETS THE STANDARDS
OF PRACTICE AS SET FORTH BY WE FLORW BOARD OF PROFESSIONAL
LAND SURVEYORS IN CMP7ER 5J-47, FLOJWDA AOM/NISTR477W CODE,
PURSUANT TO SECTION 472.027. FLORIDA STATIfj'!PS�
DAV1D W. CW,/N, PSM
PROFESSIONAL SURJIMR AND MAPPER / 6359
STATE OF FLORIDA
SKETCH OF LEGAL DESCRIPTION
PARCEL 450231400012006
SOUTH ST. LUCIE CWNTY BEACH RESTORATION
FOR ST. LUCIE COUNTY EROSION DISTRICT
GMM IY cmw I/ mo sm OCE {: JfI11lf
LFP DWC awxa
mrea9r an
35117.9
1" = 100'
11/30/20
Abw 3 u. 3
Page 20 of 38
WONer of Rig'htto:Rpeeive Fait- Market Value
('Owner) 46iire8, to Lucie NuntY'Ecos,laa District, 'a, dppend nt'special
0 di9t tj bdivis!0 n f -the Siaie o0lbridia"perietud perpetual. beach storm
dama,gereductio -easement,jdpon
.0 tttuot; -preserve; patrol; Ogdrate;.rnAintajft-' tepair;
and. replace a pliblic' beach '
I . p dune s-y%ern,-.and other erosion control and storm damage reduction
measures associated. with The, St. Luoie,,Cbtinty fEC Florida 'GoAstal Storm -Risk Management Project o
AND WHEREAS Undee"(he Appfib` ' 4
I-AbIb PYOYig,;�, G Of the Vft",forM,Rdlbcatioh Assl$tgryce -and Real.
Prpper!y,At4ids'kjbn poli:Cie&Act-Of I
976,Puhtip Law 9.'1-640,;as-.,amen'ded,-any'landowner'donat-ing
1AMs,easeri enis., rights-ofway, Andd (edged" m a*terial dispbsal-ArO90orconstr i LttdOn 'and subsequent
bperafict ' land maintenance-fdtfederal or,Federal,ly assisted projects is entitled to receive 'fair market
value as compensation for said property,
NOW BEIT K OW tha Owner herebyacknowl-edges: the. -fact that he/she/it is. aware Of
. I.N , X #-theApd. '
the right to receive 'fair market Value for the aboVe"ddscribed e8eniont.,and i beg' hereby forevee
waive• subh right to receive - fair rftrk-et value for the easement. This waiver isbinding upon said
Undowrrers;'his/herhts heirs, successors,, and assigns.
Lake 'GArdeii Devel'opmen'tIncorporated
Witness Signature tcpq Sipaturef 0 . I
Nint Witness Name:- i-04'a, (Kq.f- 'Tit
Witness SigWtiev, )Date,.,
Mrit Witness Name:_a�Z
/ r
Page 21 of 38
RESOLUTION NO. 2021-144
A RESOLUTION ACCEPTING A PERPETUAL BEACH
STORM DAMAGE REDUCTION EASEMENT ON
BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT
BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that:
The foregoing Perpetual Beach Storm Damage Reduction Easement from Lake Garden
Development Incorporated is duly accepted on behalf of St. Lucie County Erosion District this 15t
day of June, 2021 subject to:
• The Erosion District satisfying the U.S. Army Corps of Engineers (USACE)
requirement for project land certification, including the acquisition of
Perpetual Beach Storm Damage Reduction Easements along the project
area, sufficient to initiate construction of the proposed federal beach
project.
• The Erosion District receiving the pre -determined funding from both the
State and Federal Governments necessary to complete initial beach
nourishment.
ATTEST:
Deputy Clerk
ST. LUCIE COUNTY EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
w
County Attorney
Page 22 of 38
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
EROSION DISTRICT BOARD
Mosquito Control & Coastal Management
Services
South County Beach & Dune Restoration Project
See attached memorandum.
CONSENT (X)
PRESENTED BY:
Richard A. Bouchard, P.E.
Sr. Coastal Engineer
184-9910-599305-800 (Reserves - Erosion District)
184217-3710-531000-36203 (FDEP Grant - pending Board approval)
184217-3710-546340-36203 (FDEP Grant - pending Board approval)
39012-4115-546340-36203 (Maintenance Beach Renourishment - SHE SAD)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of recommendations (1), (2), (3), (4) and (5) as outlined in the
attached agenda item.
COMMISSION ACTION:
{ ) APPROVED ( ) DENIED
( ) OTHER
CONCURRENCE:
Faye W. Outlaw, MPA, ICMA-CM
County Administrator
li� Coordination/Signatures
County Attorney (x) OMB Director
Daniel S. McIntyre
Originating Dept. ( x )
aWes R. David
Erosion District
i
(x) �v� (-
Marie Gouin
Patty Marston-Duva
Melissa Simberfund
Desiree Cimino
(x)
Richard ouchard
AGEND378-WGOUNTY
Page 23 of 38
Mosquito Control & Coastal
Management Services
Erosion District
MEMORANDUM
TO: Erosion District Board
THROUGH: James R. David, Mosquito Control & Coastal Management Services Director
FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer
DATE: October 2, 2012
SUBJECT: South County Beach & Dune Restoration Project
ITEM NO. II -A
Background:
St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the
South County shoreline while paralleling the development of a federal shore protection project to provide
for future re -nourishment of the beaches in the project area. A benefit based funding plan was developed
for this one-time local beach and dune project that includes three funding sources; State funding at 43%,
Erosion District Zone E reserve funding at 23% and Special Assessment District (SAD) funding at 34%.
After numerous meetings, workshops and public bearings the Board approved the assessment role and
levied assessments against each parcel within the SAD on September 4, 2012. The following are all
companion items that require formal Board action in order for this project to proceed:
FDEP Grant Agreement 13SL1 and Budget Resolution 12-010: The Florida Beach Erosion Control
Program (FBECP) is a Long -Range Budget Plan administered through the Florida Department of
Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control
projects. A large portion of the efforts to date on the South County Beach Restoration project has been
funded through this program, more specifically through FDEP Project Agreement 11 SL1. This new grant
agreement will include additional state funding of $4,609,495 and a maximum local match of $5,989,482.
A small portion of these grant funds are intended for reimbursement of recent pre -construction and
permitting activities associated with this project which were performed utilizing Erosion District funds. The
remaining state grant funds will be used in conjunction with SAD and Erosion District funds to promote
construction and monitoring activities as outlined below. Budget Resolution 12-010 establishing the grant
funding is also attached.
Recommendation (9): Board approval of the draft FDEP Project Agreement 13SL1 and Budget
Resolution No. 12-010 and authorization for the Chairman to sign documents as approved by the County
Attorney.
Page 24 of 38
ITEM NO. (ID # 4965)
Mr DATE: 01/23/2018
COUNTY
' R 1. D AGENDA REQUEST *CONSENT AGENDA
TO: Erosion District
PRESENTED BY: Richard Bouchard, Senior Coastal Engineer
SUBMITTED BY: Erosion District
SUBJECT: South County Beach and Dune Restoration Project (Permit Extensions)
BACKGROUND:
At the request of beachfront property owners St. Lucie County completed a non-federal project to
address the severely deteriorated conditions of the South County shoreline. Concurrently, the
development of a federal shore protection project is underway to provide for future re -nourishment of
the beaches in the project area. The one-time local project encompassed approximately 3.3 miles of
Atlantic Ocean coastline, from Martin County north to Normandy Beach Park and was completed in May
2013.
Substantial effort and resources went into securing state and federal permits this project. Prior to
allowing these 5-year permits to lapse, staff contacted the regulatory agencies to initiate 10-year
extensions. Maintaining these permits will most likely be very beneficial in the future with the proposed
federalization or potential FEMA claims. It would also be very costly and time consuming to reactivate
these permits once they expire. Staff recommends extending these permits an additional 10-years.
23:W191111re[41L91i•F
October 2, 2012 - Board approval of the South County Beach and Dune Restoration Project.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
RECOMMENDATION:
Staff recommends that the Erosion District Board ratify and approve the extension of federal and state
permits for the South County Beach and Dune Restoration Project.
COMMISSION ACTION:
Page 25 of 38
RESULT:
MOVER:
SECONDER:
ADOPTED BY CONSENT VOTE [UNANIMOUS]
Cathy Townsend, District No. 5
Linda Bartz, District No. 3
Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend
Coordination/Signatures
anie s. McIntyre, C my ttorney 1/8/2018
Updated: 1/5/2018 2:50 PM by Richard Bouchard
Page 2
Page 26 of 38
r Luc a-
AGENDA REQUEST
0
TO: Board of County Commissioners
PRESENTED BY: Barbara Guettler, MSBU Coordinator
SUBMITTED BY: Public Works
9.B.1.
RES-2019-286
PUBLIC HEARINGS -PUBLIC
WORKS
DATE: 12/17/2019
*RESOLUTION ITEM -
BOARD APPROVAL
QUASI-JUDICIAL ITEM? NO
SUBJECT: South Hutchinson Island MSTU Option "A", SHI Beach Erosion Control MSTU
BACKGROUND:
The County is currently investigating the feasibility of several options to partially fund the cost of providing
ongoing beach and dune restoration improvements associated with a Federal beach project (from Normandy
Beach south, approximately 3.4 miles, to the Martin County line). The following options are those relating to
the creation of Municipal Services Taxing Units ("MSTUs"). On South Hutchinson Island, from Normandy
Beach to the Martin County line, there are approximately 2848 taxable parcels east of A1A and 3430 taxable
parcels west of A1A.
Per Section 40-59 of the St. Lucie County Code of Ordinances, in order to preserve the County's option to levy
ad valorem taxes in the MSTUs starting in 2020, the County must hold advertised public hearings and create
the MSTUs prior to January 1, 2020.
The creation of the MSTUs does not in any way obligate the County to levy ad valorem taxes; rather, it simply
preserves the County's option to do so, if it is found to be the most feasible funding option. The
determination as to how much ad valorem revenue to be raised in the MSTUs, if any, and the corresponding
millage rate for each MSTU would be determined by the Board during its budget deliberations next year.
Option "A" would be to create one MSTU to levy ad valorem taxes on all of the parcels on South Hutchinson
Island from Normandy Beach to the Martin County line. If this option is chosen, all of the parcels within the
MSTU (both east and west of A1A) would share the same millage rate to fund future beach and dune
restoration projects within the MSTU boundary. This option was suggested by the Presidents Council.
Option "B" would be to create an MSTU to levy ad valorem taxes on all of the parcels east of A1A from
Normandy Beach to the Martin County line. This option would encompass all taxable parcels with beach
frontage.
Page 27 of 38
Option "C" would be to create an MSTU to levy ad valorem taxes on all of the parcels west of A1A from
Normandy Beach to the Martin County line.
In order to allow the Board the greatest flexibility to set and adjust separate millage rates for parcels east and
west of A1A, Staff recommends a combination of Option "B" and Option "C". Creating two separate MSTUs
(SHI East and SHI West) would allow Staff and the Board to research and determine a fair and equitable
millage rate for each side of A1A based on the level of benefit the parcels would receive from the
improvements. This would not restrict the Board from levying the same millage rate for both MSTUs if doing
so is determined to be the most reasonable option.
County agenda software does not allow multiple resolutions to be attached to one agenda item; therefore,
each MSTU option will be considered during separate public hearings. This is the public hearing for Option
"A", SHI Beach Erosion Control MSTU.
PREVIOUS ACTION:
November 19, 2019 - Board granted permission to advertise these public hearings.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board's disapproval of the attached resolution, SHI Beach Erosion Control MSTU.
COMMISSION ACTION:
RESULT:
Adopt
MOVER:
Commissioner District 4 Frannie Hutchinson
SECONDER:
Commissioner District 1 Chris Dzadovsky
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson
NAYS:
None
EXCUSED:
None
Coordination/Signatures
Date: December 03, 2019
Don West, Public Works Director
Page 28 of 38
Date: December 03, 2019
Daniel McIntyre, County Attorney
Date: December 03, 2019
Mark Satterlee, Deputy County
Administrator
Page 29 of 38
5.A.1.
1�r
o
TO: Erosion District
AGENDA REQUEST
PRESENTED BY: Joshua Revord, Senior Coastal Engineer
SUBMITTED BY: Mosquito Control & Coastal Management Services
2020-50618
DATE: 11/10/2020
SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project
Partnership Agreement (PPA) - ADD ON
BACKGROUND:
In November 2002 , the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St.
Lucie County ,Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just
south of Blind Creek (R-77) to the Martin County Line (R-115). This reconnaissance report recommended that
the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the
USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their
3x3x3 Plan; eventually receiving federal funding to move the study forward.
While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The
storm damages experienced after these events warranted quick/specific action. St. Lucie County, with
support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal
beach restoration project in April 2013 while federal efforts continued. The project consisted of the
nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98
(Normandy Beach) to the Martin County line (R-115). The project included placement of approximately
635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special
Assessment District (SAD) created for the project. A nearshore limestone boulder mitigation reef was also
completed to offset project related hard -bottom impacts.
Eventually, the South St. Lucie County, Florida Storm Risk Management Project Feasibility Study was
completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional
authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured
approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection
(FDEP) for the initial federal beach project (FDEP Grant 19SL4 and 20SL3) and unilaterally increased the level
of federal participation by 7% by creating additional public beach access at County owned beach parks. To
help fund future construction efforts associated with this project, the St. Lucie County BOCC drafted and
subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (MSTU).
Page 30 of 38
Since 2013, persistent beach erosion has continued to impact this stretch of coastline, and the previously
executed project is now quickly approaching its design life expectancy (10 years). In addition, this beach area
has received significant damages from Hurricane Matthew (2016), Hurricane Irma (2017), Hurricane Dorian
(2019), and Hurricane Isaias (2020). The increased frequency of storm events along our coast naturally
promotes the need for a long-term beach management plan/strategy. The attached Project Partnership
Agreement (PPA) includes such a plan, and it is seen as the best option for the long-term stability of the
southern Atlantic shoreline of St. Lucie County. Future federal participation not only assists in partially
funding future beach nourishment efforts but also enhances the County's ranking in future state Beach
Management Funding Assistance requests, which includes ranking metrics contingent on the level of federal
participation.
Execution of the attached Project Partnership Agreement (PPA) is required for the USACE to officially initiate
efforts associated with the proposed federal beach project. The attached agreement includes provisions that
allow permit required physical and biological monitoring to be eligible for future work in -kind credit. Non -
Federal funding for the initial beach project is required prior to July 2021.
Absent of federal participation, the County/local residents would be responsible for funding, initiating, and
managing all future beach nourishment effort along this stretch of beach.
PREVIOUS ACTION:
1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St.
Lucie County's southern beaches at the direct request of South Hutchinson Island residents.
2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as
first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and
Jeanne.
2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection
(FDEP) and Federal Emergency Management Agency (FEMA) funding.
2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency
beach nourishment project in response to beachfront residents' requests. Beach and dune restoration
completed for approximately 3.4 miles of shoreline from the Martin County line north to Normandy Beach
Park.
2017-2018 — Feasibility report completed and Congress authorizes the St. Lucie County, Florida Storm Risk
Management Project in the 2018 Water Resources Development Act (WRDA); including a fifty (50) year
project life. Federal Share of construction funded in Bipartisan Act of 2018 (PL 115-123).
March 2019 — St. Lucie County successfully petitioned and receives a construction timeline extension; initial
beach project construction re -scheduled for winter 2021/spring 2022.
December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286
establishing the definitions and physical boundaries for a proposed South Hutchinson Island Municipal
Page 31 of 38
Services Taxing Unit (MSTU).
September 2020 - County approves the South Hutchinson Island MSTU during final FY-20/21 budget meeting.
FINANCIAL IMPACT:
As of the effective date of this Agreement, total construction costs are projected (by the USACE) to be
$114,794,000 over the proposed fifty (50) year project life. This includes one (1) initial beach nourishment
event and two (2) follow-up re -nourishment events. The non-federal/local share of the fifty (50) year project
duration is estimated at $81,968,000, with a $32,826,000 federal contribution. The total cost of the initial
nourishment event (scheduled for Fy-2022/2023) is estimated at $22,894,000, consisting of an $8,013,000
federal (35%) and $14,881,000 (65%) non-federal/local cost share arrangement.
RECOMMENDATION:
Staff recommends Board approval of the St. Lucie County, Florida Coastal Storm Risk Management Project,
Project Partnership Agreement (and associated documents) and authorization for the Chair to sign those
documents as approved by the County Attorney.
COMMISSION ACTION:
RESULT:
Approve
MOVER:
Commissioner District 5 Cathy Townsend
SECONDER:
Commissioner District 1 Chris Dzadovsky
AYES:
Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson
NAYS:
None
EXCUSED:
None
Coordination/Signatures
Date: November 04, 2020
Glenn Henderson, Mosquito Control Director
Date: November 04, 2020
Jennifer Garrity, Management Analyst
Date: November 04, 2020
Jennifer Hill, Office of Management & Budget Director
Page 32 of 38
Date: November 04, 2020
Daniel McIntyre, County Attorney
Date: November 04, 2020
Alphonso Jefferson, Deputy County Administrator
Page 33 of 38
T Op
0
Gy'Tf STATES O4
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
701 SAN MARCO BOULEVARD
JACKSONVILLE, FLORIDA 32207-8175
Mr. Howard Tipton
County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Sent via email to tiptonh@stlucieco.org
Dear Mr. Tipton:
December 9, 2020
As provided by the terms of the Project Partnership Agreement (PPA) between the
Department of the Army and St. Lucie County, Florida dated December 2, 2020
(Enclosure 1), St. Lucie County, Florida agrees to provide the real property interests
required for the St. Lucie County, Florida Coastal Storm Risk Management Project
(Project). This letter serves as the Government's notice for the County to proceed with
the acquisition of these property interests and to provide the Government with
authorization for entry through a Certification of Lands.
The real property interests required are located on Hutchinson Island in St. Lucie
County, Florida, as shown in the enclosed maps (Enclosure 2) and identified in the
enclosed Florida Department of Environmental Protection (FDEP) Permit No. 0154626-
001-JC (Enclosure 3), and are further described below:
a. Perpetual beach storm damage reduction easements for the authorized project
area identified in purple in Enclosure 2 that is landward of the erosion control line (ECL).
b. Temporary work area easement for a minimum of 24 months for the staging areas
identified in blue in Enclosure 2.
c. Temporary work area easement for a minimum of 24 months for the access areas
identified in pink in Enclosure 2.
d. Sovereign submerged authorization from the State of Florida for the authorized
project area identified in Enclosure 3, as amended, that is located seaward of the ECL.
Enclosed are templates for the Certification of Lands (Enclosure 4), Attorney's
Certificate of Authority (Enclosure 5), and the required language for the perpetual beach
storm damage reduction easements (Enclosure 6) and the temporary work area
easements (Enclosure 7). Please provide the land certification and all supporting
Page 34 of 38
2
documentation by June 28, 2021 via mail to the Corps of Engineers, Jacksonville
District, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175.
If you have any questions or require additional information, please contact
Christopher Bukolt, email: Christopher.d.bukolt@usace.army. mi1, or by telephone: 904-
232-3401.
Sincerely,
MCQUILLEN.TI Digitally signed by
MCQUILLEN.TIMOTHY.HAR
MOTHY.HART.1 T.1050583305
Date: 2020.12.09 15:26:08
050583305 05,00,
Timothy H. McQuillen
Chief, Real Estate Division
Enclosures
Page 35 of 38
1�r
o
TO: Erosion District
AGENDA REQUEST
PRESENTED BY: Joshua Revord, Senior Coastal Engineer
SUBMITTED BY: Mosquito Control & Coastal Management Services
2020-50865
DATE: 12/15/2020
SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project — USACE
Permitting Authorization
BACKGROUND:
At the request of beachfront property owners, St. Lucie County completed a non-federal beach project in
2013 to address beach erosion along the southern coastline of St. Lucie County (3.4 miles). Meanwhile, the
County continued to pursue a federal shore protection project along the same shoreline. In 2018 a feasibility
study for the federal project was approved by Congress. Concurrently, federal funding for initial construction
was provided in the Bipartisan Act of 2018. After successfully petitioning for and receiving a construction
timeline extension in early 2019, St. Lucie County's BOCC approved the South Hutchinson Island Municipal
Services Taxing Unit (MSTU) in September 2020 to help fund the non-federal/non-state share of proposed
construction. Subsequently, the BOCC approved the Project Partnership Agreement (PPA) with the U.S. Army
Corps of Engineers (USACE) for the 50 year federal project on November 10, 2020.
In preparation for initial construction (proposed winter 2021/spring 2022) staff is actively pursuing perpetual
construction easements required for project bidding (July 2021). After preliminary discussions with both the
USACE and the Florida Department of Environmental Protection (FDEP), and considering the similarities
between the proposed federal and 2013 projects, it was determined that a minor permit modification to the
County's existing state permit was the preferred permitting path for all parties. As a co -applicant, the USACE
can avoid duplicative submissions and reviews already performed during the 2013 project, resulting in
efficiency and cost savings. To do this, the County would need to request that the USACE be added as a co -
applicant to existing permit No. 0154626-001-JC. As a co -applicant, the USACE will proposed modifications to
the original design and help negotiate permit requirements consistent with the federal authorization,
eventually attaining state permitting approval for initial construction.
As co -applicants, County staff and our hired professional consultants will actively coordinate with USACE staff
in all future modification requests to the state.
PREVIOUS ACTION:
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October 2, 2012 — Board approval of the 2013 South County Beach and Dune Restoration Project.
January 23, 2018 — Board action to ratify and approve the extension of both federal and state permits
associated with the previously completed 2013 South County Beach and Dune Restoration Project (Item No.
4965); permits extended through 2028.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board approve the USACE as a co -applicant on St. Lucie County's existing FDEP Permit
No. 0154626-001 and pre -authorize minor USACE permit modification requests needed to developed plans
and attain state permits consistent with the project's congressional authorization; including approval for the
Chair to sign documents associated with minor permit modification(s), as requested by the USACE and
approved by the County Attorney.
COMMISSION ACTION:
RESULT:
MOVER:
None
SECONDER:
None
AYES:
None
NAYS:
None
EXCUSED:
None
Coordination/Signatures
Date: December 01, 2020
Glenn Henderson, Mosquito Control Director
Date: December 01, 2020
Don West, Public Works Director
Date: December 02, 2020
Daniel McIntyre, County Attorney
Page 37 of 38
Date: December 02, 2020
Mark Satterlee, Deputy County
Administrator
Page 38 of 38