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HomeMy WebLinkAboutAgenda 01.10.2023LUIl EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, January 10, 2023 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair CHRIS DZADOVSKY District No. 5, Vice -Chair CATHY TOWNSEND District No. 2 LARRY LEET District No. 3 LI N DA BARTZ District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 14 Regular Meeting Tuesday, January 10, 2023 6:00 PM WELCOME 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 prior 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. z1P,: Page 2 of 14 Regular Meeting Tuesday, January 10, 2023 6:00 PM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion District meeting of December 13, 2022. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 10 - 12 B. PUBLIC WORKS 1. 2023 Ft. Pierce Shore Protection Project — USACE Non -Federal (Supplemental) Funding Request Staff recommends Board approval to distribute an additional $632,734.13 to the USACE (once formally requested) to rectify the current cost -share imbalance projected for the proposed 2023 Fort Pierce Shore Protection Project. S. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 3 1 P, : Page 3 of 14 3ro LUCK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting December 13, 2022 Convened: 1:03 PM Adjourned: 1:03 PM 1. CALL TO ORDER The meeting was called to order at 1:03 PM by Chair Chris Dzadovsky, District No. 1. Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Michelle R. Miller, Clerk of Court Barbara Guettler, Public Works MSBU Coordinator Nicole Fogarty, Administration Government Relations Director JoAnn Riley, Property Acquisition Manager Benjamin Balcer, Planning & Development Services Assistant Director Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Dzadovsky opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Dzadovsky closed public comment. 3. APPROVAL OF MINUTES H iiivuvii waa niauc w aNNiwc an iiiinuLe �c�a, aiiu IL NaZ1acu uiiainiiivuaiy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Erosion Control District Meeting of November 15, 2022. B. Board of County Commissioners minutes for the Erosion Control District Reorganization Meeting of November 22, 2022. Page 4 of 14 Erosion District Meeting Tuesday, December 13, 2022 1:00 PM 4. CONSENT AGENDA A motion was mane to aclopt tree consent agenaa, anti it passecl unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 7 - 9 Adopted by Consent Vote B. PUBLIC WORKS 1. F.I.N.D. Waterway Assistance Program Grant SL-22-72 (Fort Pierce Inlet Sand Trap - Phase 1) — Part 2 Staff recommended Board approval of F.I.N.D.'s Waterway Assistance Program Grant SL-22-72 for the Fort Pierce Inlet Sand Trap (Phase 1) project ($300,285.40), along with a supporting budget resolution (to be initiated by OMB separately), and authorization for the Erosion District Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote S. REGULAR AGENDA There were no items scheduled. 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 1:03 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. Page 5 of 14 12/09/22 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #10- 03-DEC-2022 TO 09-DEC-2022 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,000.00 GRAND TOTAL: 2,000.00 PAGE 1 PAYROLL 5,396.16 5,396.16 127 Page 6 of 14 12/16/22 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #11- 10-DEC-2022 TO 16-DEC-2022 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 345.97- GRAND TOTAL: 345.97- PAGE 1 PAYROLL 0.00 0.00 100 Page 7 of 14 12/22/22 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 17-DEC-2022 TO 22-DEC-2022 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 0.00 GRAND TOTAL: 0.00 PAGE 1 PAYROLL 4,496.80 4,496.80 117 Page 8 of 14 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Public Works 2023-58335 CONSENT AGENDA - PUBLIC WORKS DATE: 1/10/2023 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No SUBJECT: 2023 Ft. Pierce Shore Protection Project — USACE Non -Federal (Supplemental) Funding Request BACKGROUND: The Florida Department of Environmental Protection (FDEP) administers the Beach Management Funding Assistance (BMFA) Program, which provides funding annually to assist eligible local governments with their beach erosion control projects. After applying for specific grant funding, the County successfully received a state grant to assist in the cost of the next federal nourishment event at Fort Pierce Beach (2023 Fort Pierce Shore Protection Project). The Florida Legislature ultimately appropriated a total of $1,112,000 in state funding for the proposed project in FY-2021/22, which required a 50% County match share of $1,112,000 (FDEP Grant 22SL1- Fund # 184239). The U.S. Army Corps of Engineers (USACE) subsequently received a total of $10.549 million for the proposed project though a congressional earmark championed by Representative Brian Mast, County staff, and our federal lobbyist (Thorn Run Partners). The federal funding was ultimately included in the Energy and Water Section of the 2022 Omnibus Appropriations Bill signed into law by the President in March 2022. Upon receipt of the funding, the USACE and County staff quickly began plans and specifications for the scheduled project. Once completed, the USACE formally requested the non-federal share of proposed construction from the County (in order to move forward with the federal bidding process). As the cost of the project was unknown at that time, the USACE coordinated with County staff to distribute readily available non-federal funds previously approved by the Erosion District Board for the intended purpose. A total of $2,224,000 was wire transferred to the USACE on September 12, 2022 from FDEP Grant 22SL1 (184239) in response to this request. The original USACE letter request is attached for reference purposes (Request #1- Completed). Considering the federal project cost -share responsibilities (77.76% federal, 22.24% non-federal), the initial distribution of non-federal funds represented a maximum County participation up to a $10.0 million total project cost. This initial installment was determined by the USACE to be sufficient to initiate the formal federal bidding process, and the project was advertised on November 7, 2022. Bids were subsequently received for the proposed project on December 7, 2022. The low bidder's bid (currently pending execution) has been identified at $11,662,220.00, which includes the placement of 500,000 Page 9 of 14 cubic yards of sand at Fort Pierce Beach taken from within Capron Shoal (a natural feature approximately 4.0 miles southeast/offshore of the project area). Considering the total cost of the project (which includes not only construction costs but also design and administrative costs), additional County funds are needed to satisfy the non-federal responsibility. After considering unutilized County funds from the 2021 federal nourishment project, the USACE determined that an additional $632,734.13 is required from the County to bring the projected cost -share totals into balance. A supplemental funding request letter (Request # 2) was provided to the County while contractual negotiations continue with the apparent low bidder. PREVIOUS ACTION: October 20, 2020 - Board approval to submit a request to FDEP for FY-2021/22 Beach Management Funding Assistance (Agenda Item 2020-50463). September 21, 2021 - Board approval of FDEP Project Agreement 22SL1 (184239), including $2,224,000 in funding for the proposed 2023 Ft. Pierce Shore Protection Project (Agenda Item 2021-52338). August 27, 2022 - Initial USACE funding letter received, requesting $2,224,000 in non-federal funding to move forward with bidding the 2023 federal nourishment project. September 13, 2022 - Initial installment of the non-federal share of construction distributed to the USACE via wire transfer ($2,224,000). November 8, 2022 - USACE solicits bids for the 2023 Fort Pierce Shore Protection Project (Solicitation No. W912EP23130003). December 7, 2022 - Bids received for the 2023 Fort Pierce Shore Protection Project. January 3, 2023 - USACE supplemental funding letter received, requesting additional non-federal funding associated with the proposed project. FINANCIAL IMPACT: Total federal project funding will ultimately consist of a federal 77.76% and a non-federal/local 22.24% match share. A majority of the non-federal/local matching funds required for construction were previously provided to the USACE from executed FDEP Grant 22SL1 (Fund # 184239, $2,224,000). The additional non-federal funds requested in this supplemental funding request ($632,734.13) are proposed from the Erosion District Reserves (184-9910-599300-910000). In total, the non-federal/local contribution towards the proposed 2023 federal project totals $2,856,734.13, $1,112,000 of which were grant funds previously provided by FDEP. RECOMMENDATION: Staff recommends Board approval to distribute an additional $632,734.13 to the USACE (once formally requested) to rectify the current cost -share imbalance projected for the proposed 2023 Fort Pierce Shore Protection Project. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 10 of 14 Coordination/Signatures Patrick Dayan, Public Works Director Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: January 03, 2023 Date: January 03, 2023 Date: January 04, 2023 Date: January 04, 2023 Page 11 of 14 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 August 27, 2022 Programs and Project Management Division Water Resources Branch Mr. Joshua Revord, P. E. Senior Coastal Engineer St. Lucie County 3701 Oleander Avenue Ft. Pierce, FL 34982 Dear Mr. Revord: Pursuant to the Project Cooperation Agreement (PCA) Article VI: Payment of Funds, between the Department of the Army and St. Lucie County Erosion District, Florida for Extension of Federal Participation in Periodic Nourishment of the Fort Pierce, Florida Shore Protection Project executed on September 3, 1998, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is hereby requesting additional non -Federal share of cash for the Fort Pierce, Florida Shore Protection Project. The Fiscal Year 2022 (FY22) Consolidated Appropriations Act (P.L. 117-103) has provided $10,549,000 in Federal appropriations for the 13t" renourishment of the project. Planned FY23 activities are to complete plans and specification, and award and execute the construction contract. Based on the current balance of sponsor cash and scope of planned activities, additional non - Federal funding in the amount of $2,224,000 is request at this time. Additional funds may be required depending on actual construction costs during the execution of the contract. It is recommended that the funds be transmitted via electronic funds transfer (EFT) or wire transfer as this is the most expedient method of payment. Wire transfer information is enclosed with the request. Please include the language "K3 Fort Pierce Beach, FL" within the transmittal. If you have any questions regarding this or need additional information, please contact the Project Manager, Christopher Ren at 904-570-4519 or by email at Christopher. ren(a)usace. army. m il. Sincerely, MORA.MILLANDigitaly signed by MORAIMILLLAN.A.1367741470 .A.1367741470 022.08.2712:22:19 04'00' Milan A. Mora, P.E. Chief, Water Resources Branch Page 12 of 14 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 January 3, 2023 Programs and Project Management Division Water Resources Branch Mr. Joshua Revord, P. E. Senior Coastal Engineer St. Lucie County 3701 Oleander Avenue Ft. Pierce, FL 34982 Dear Mr. Revord: Pursuant to the Project Cooperation Agreement (PCA) Article VI: Payment of Funds, between the Department of the Army and St. Lucie County Erosion District, Florida for Extension of Federal Participation in Periodic Nourishment of the Fort Pierce, Florida Shore Protection Project executed on September 3, 1998, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is hereby requesting additional non -Federal share of cash for the Fort Pierce, Florida Shore Protection Project. Thank you for the previously provided $2,224,000 in non -Federal cash that received by the Corps on September 13, 2022. These funds, in addition to the $10,549,000 appropriated by the Fiscal Year 2022 (FY22) Consolidated Appropriations Act (P.L. 117-103), are being used to execute the 131" renourishment of the project. The current status of funds available to execute the renourishment are as follows: Federal Sponsor Total Cash Available $10,577,851.20 $2,392,618.37 $12,970,469.57 Cost Share % per Cash Available 81.55% 18.45% 100.% The current cost share percentage per the PCA is 77.76% Federal and 22.24% non -Federal Sponsor. As indicated in the table above, the level of Sponsor funds available are below the required cost share amount. Based on the current balance of sponsor cash, scope of planned activities, and anticipated costs of the construction contract, additional non -Federal funding in the amount of $632,734.13 is request at this time. These additional non -Federal Sponsor funds of are necessary to achieve the cost share percentage and ensure the project is executed. Federal Sponsor Total Additional Funds Requested $0 $632,734.13 $632,734.13 Cash Available after Additional Funds Received $10,577,851.20 $3,025,352.50 $13,603,203.70 Cost Share % 77.76% 22.24% 100% Page 13 of 14 It is recommended that the funds be transmitted via electronic funds transfer (EFT) or wire transfer as this is the most expedient method of payment. Wire transfer information is enclosed with the request. Please include the language "K3 Fort Pierce Beach, FU within the transmittal." If you have any questions regarding this or need additional information, please contact the Project Manager, Christopher Ren at 904-570-4519 or by email at christopher.ren0)usace.army. mi1. Sincerely, MORA.MILLAN.A.1367741 Digitally signed by MORA.MI LLAN.A.1367741470 470 Date: 2023.01.03 10:23:53-05'00' Milan A. Mora, P.E. Chief, Water Resources Branch Page 14 of 14