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Home My WebLink AboutAgenda 04.23.2024LUIl EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, April 23, 2024 9:01 AM 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. 4, Vice -Chair JAMIE FOWLER District No. 2 LARRY LEET District No. 3 LI N DA BARTZ District No. 5 CATHY TOWNSEND Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life *Final on 4/17 Page 1 of 43 Regular Meeting Tuesday, April 23, 2024 9:01 AM 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 Human Resources Department at 772-462-1456, HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 43 Regular Meeting Tuesday, April 23, 2024 9:01 AM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion District Meeting of March 22, 2024. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 25 - 26 & 28 B. COUNTY ATTORNEY 1. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - EFTX, LLC. - Parcel 100 - Parcel ID 4512-331-0002-000-5 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. S. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 3 1 P, : Page 3 of 43 3ro LUCK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting March 22, 2024 1. CALL TO ORDER Convened: 9:01 AM Adjourned: 9:01 AM The meeting was called to order at 9:01 AM by Chair Chris Dzadovsky, District No. 1. Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3 (via video), Commissioner Chris Dzadovsky District 1 (via video), Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Cameron Howard, Airport Director Barbara Guettler, MSBU Coordinator Rangel Guerrero, Public Safety Director Michelle R. Miller, Clerk and Comptroller Kimberly Warren, Assistant Finance Director Jim Lappert, Water Quality Division Director Nick Linehan, Water Quality Division Stormwater Program Coordinator Benjamin Balcer, Planning & Development Services Director Maria Valencia, Animal Safety Coordinator Katrina Slay, Agenda Coordinator 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 A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler Page 4 of 43 Erosion District Meeting Friday, March 22, 2024 9:01 AM NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Erosion District Meeting of February 20, 2024. 4. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 20 - 24 Adopted by Consent Vote 5. 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 9:01 AM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 2 1 p„ Page 5 of 43 03/22/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #25- 16-MAR-2024 TO 22-MAR-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 170.62 GRAND TOTAL: 170.62 PAGE 1 PAYROLL 0.00 0.00 Page 6 of 43 03/28/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #26- 23-MAR-2024 TO 28-MAR-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 296.84 GRAND TOTAL: 296.84 PAGE 1 PAYROLL 5,403.20 5,403.20 Page 7 of 43 04/12/24 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #28- 06-APR-2024 TO 12-APR-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 10,290.91 5,253.20 GRAND TOTAL: 10,290.91 5,253.20 127 Page 8 of 43 WON TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: 2024-59140 DATE: 4/23/2024 AGENDA REQUEST Erosion District JoAnn Riley, Property Acquisition Manager Property Acquisition Division St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - EFTX, LLC. - Parcel 100 - Parcel ID 4512-331- 0002-000-5 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 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. Page 9 of 43 Attached for your review and acceptance is a Perpetual Beach Storm Damage Reduction Easement for Parcel 100 owned by EFTX, LLC. 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 (PPA). December 9, 2020 - St. Lucie County received 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. February 15, 2022 - Board approved an Interlocal Agreement with the County. April 9, 2022 - Initial federal beach project dredging begins with a one-time real estate exemption for the remaining outparcel (Parcel 100). May 17, 2022 - Initial federal beach project completed, with approximately 387,165 cubic yards of sand placed during construction. No fill placed adjacent to Parcel 100 per a one-time exemption provided to the County, based on current (at that time) Corps policy guidance. November 7, 2023 - Board approved Amendment No. 1 to the Project Partnership Agreement (PPA). January 23, 2024 - Board approved Resolution No. 24-020 authorizing the District to offer compensation to the owner of Parcel 100. 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 Page 10 of 43 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: April 17, 2024 Joshua Revord, Port, Inlet & Beaches Director Date: April 17, 2024 Daniel McIntyre, County Attorney Date: April 17, 2024 Mayte Santamaria, Deputy County Administrator Page 11 of 43 South St. Lucie, Florida, Coastal Storm Risk Management (CSRM) Project Perpetual Beach Storm Damage Reduction Easement Map — Subject Parcel 100 N W+ E S 0 0.25 0.5 1 Miles I I I I I I I I I Map Created: 11/20/2023 ,S111111 c**Gk"vx wpxMre Yrolf 43 St. Lucie County, Florida Coastal Storm Risk Management Project PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT THIS EASEMENT, made this I _. day- of 2t between E•Frx I i C, whose address is 4�45 34 referred to as tor", and ie unty Erosion I) St uNvhose addresi, Ocean s is 30Q Vira n,,j A rue 1 ort Pjereerl L 34%2 he hnafter 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, wherever the context so admits or requires.) W ITN ESSETH: WFIERFiAS, GRANTOR owns beachfront property described in Exhibit *"A". incorporated by reference and made a part hereof; and WHERI?AS, GRANTEE: and the Department of the Army have entered into a Projeet 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 WHEREAS. 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 kVII REAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to GR:AN'TOR'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 casement agree to the following: GRANTOR does hereby bargain. convey, and grant a perpetual and assignable casement and right-of-way in, on. 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 ofcontours on said land: to construct bernis 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 ofaccess 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 i n shape. dimension or tbnction, and that prior approval ofthe plans and specifications for such structures is obtained from the designated representative of the Project Sponsor and provided further 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 fior 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 he 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 Casement. This Easement shall become effective upon proper execution by CiRANTOIZ. Page 13 of 43 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 tierce and effect unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform. IN WITNESS WI ]ERHOF, GRANTOR has set hereto its hand and seal on the day and year above written. Signed, sealed and delivered in the presence of. - Witness Signature i11ic, ,t lt:►, Print Witness Name Addr ssof\Wi Cc o6 r( Hess City, State and Zip Code W ", Signature Print W Hess Name Address of Witness µ City. State andZip Code STATE COUNTY OF /Y%,�r/JAl EFTX, LLC /f�� m M Signature a� Title The loregoini instrument was acknowledged belore W by eans of p sisal presence or online notarization, this /r da} of 2b2 a1. b>°1�/`{�'' of EFTX. LLC. on hchal of the limited liability company. Ile/She is personally known to ....me ._.or..........ha as produced ,�a/��u�i/ _ as identification. [NOTARY SEAL.] ��r �u' ., HECTOR GARZA ��: Notary Public - State of Florida T B Commission # HH 175916 '? ar st My Comm. Expires Dec 12, 2025 Bonded through National Notary Assn. o � Nota ry Public My Commission expires: Page 14 of 43 Waiver of Right to Receive Fair Market Value WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm damage reduction easement, to construct. preserve; patrol; operate; maintain, repair; rehabilitate; and replace a public beach dune system, and other erosion control and storm damage reduction measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project (PROJECT NAME). AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, any landowner donating lands, easements, rights -of -way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of the right to receive fair market value for the above -described easement and does hereby forever waive such right to receive fair market value for the easement. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. Witness tSignature T4 ^ .... �'�."1�.__........ Print Witness Name Address of Witness �.._...... L.�Q City, State and Zip Code the ......_ _ ....._w....__. ... ss Signa r , r~ I ?a Lt� •�� e ....... � Name Print fitness N Address of Witness City, State and Zip Code EFT , LC Signat� Title -A ar °° Date Page 15 of 43 2 11 12 c I L z b Z Z G) O m m A A m m R_11f , t L._E-G P.O.B. = .E....N-D. POINT OF BEGINNING NAD = NORTH AMERICAN DATUM NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 R-102 = FDEP RANGE MONUMENT (TYP) ------- MEAN HIGH WATER LINE AND EROSION CONTROL LINE AS LOCATED JANUARY 18, 2012 ----- .------- ....... — PROPOSED LANDWARD LIMITS OF CONSTRUCTION AS PROVIDED BY COASTAL TECHNOLOGY CORPORATION PROPOSED EASEMENT AREA 1" = 600 FEET ATLANTIC OCEAN MEAN HIGH WATER LINE ELEVATION = 0.51 NAVD 88 JANUARY18,2012 PROPOSED EASEMENT (SEE DETAIL SHEET 3) i F�v 8,c Eklund Inc. SWCH OF LIGAL TO ma 3351177--9 P��' � � �� 5 SOME 1190 e� PROFESSIONAL SURVEY •........��.. •��..•,,,,, •...,„.. .......... CONSULTANTS ....1.fi1.2...NW 2ND AVENUE _..._ ��f�u p�tYD�71tIIu NV 17u c:T � uy� Cum m In ST Lum {11M�11 OG!'tW RW[ViV'► ON 1" = 600' are 4909 US HIGHWAY j1 SURE 3 FOR J1. W AG td"T1 FROM DIS"iRIGT 11/30/20 VERO BEACH, FL 32967 PHONE: (772) 366-5364 FAX: (772) 388-3185 LB 44298 BOCA RATONt FL 33432 PHONE: (9541 421-6682 FAX: (954) 421 -0425 MAN LFP .,........ ........................,.. acne w DWC . FEta �unr ma rnWWW ........ Eve a,saacv .. .m�.�.m,..........�. seer 1 cr 3 Page 16 of 43 Page 17 of 43 frall EXHIBIT A IMlu l d e�/ ATLAIV lC/ /a /- AM / lwo'l/ /,..1,r/ .y „11, //, yf�f/ , f 111 OCEAN „� ,.+�"',/o/ '��f y�/ �%/%i%/��i/��/f�l//if��iiliYi� Ll'�'l„i%��/�/r� ,,= ��1�1�'a.; ,o; , 1 C� i DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT THAT PORTION OF THE SOUTH 180 FEET OF THE NORTH 430 FEET (AS MEASURED ALONG THE STATE ROAD A1A) OF GOVERNMENT LOT 2, SECTION 12, TOWNSHIP 37 SOUTH, RANGE 41, EAST, ST. LUCIE COUNTY, FLORIDA AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3471 PAGE 323, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT 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' OVOID" 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 GIB DEPARTMENT. LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY CORPORATION. Morgim Se IIIIEIIIIklurW Inc. �� PROFESSIONAL SURVEY CONSULTANTS i.MM............ ..,.—wwwww_��_.,..,..-__.��._.. 1612 ....,.. NW 2NDAVENUE IVI&E 4909 US HIGHWAY #1 SUITE 3 VERO BEACH, FL 32967 BOCA RATON. FL 33432 PHONE: (772) 388-5364 PHONE: (954) 421-6882 FAX: (772) 388-3165 LB /4298 FAX: (954) 421-0425 CERTIFICATE OF SURVEYOR — I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS IN ACCORDANCE WITH A RECENT FIELD SURVEY MADE UNDER MY DIRECTION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5,1-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. ®R' Digieally signed dy David W Coggin W-US,o-Florida, dnQ"ali/ie—A01410C000D018B953B 8C8100011 EB6, c-David NJ Coggin Daee:2024.01.221131:11-05%0' D W. COGGIN, PSM PROFESSIONAL SURVEYOR AND MAPPER # 6359 STATE OF FLORIDA oo�assaw Na SKETCH OF LEGAL DESCRIPTION 35117-9 PARCEL. 4512331ODD20005 _......—........... �.....1'1./� o........ FOR ST. LUCIE COUNTY BNSION DISTRICT 301 ., AVwv n,...— acciaa er >Ew soar u2 ar surKr ss¢r 3 a� 3F LFP DWC PAZ An Page 18 of 43 RESOLUTION NO. 2024-086 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 EFTX, LLC. is duly accepted on behalf of St. Lucie County Erosion District this 23r6 day of April, 2024. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 19 of 43 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. e�9'� 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 - SH1 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: CONCURRENCE: ( } APPROVED ( ) DENIED ( } OTHER County Attorney ( x ) Originating Dept. ( x ) Faye W. Outlaw, MPA, ICMA-CM County Administrator Coordination/Signatures OMB Director Daniel S. McIntyre t Ala •'es R. David Erosion District i (X) Marie Gouin Patty Marston-Duva Melissa Simberlund Desiree Cimino (X) Richard ouchard AGEND378-SOCOUNTY Page 20 of 43 0 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 hearings 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 (1): 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 21 of 43 ITEM NO. (ID # 4965) AGENDA REQUEST TO: Erosion District PRESENTED BY: Richard Bouchard, Senior Coastal Engineer SUBMITTED BY: Erosion District DATE: 01/23/2018 *CONSENT AGENDA 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. PREVIOUS ACTION: 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 22 of 43 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend Coordination/Signatures D nie S.McIntyre, Co,�nty,Attorney 1/8/2018 Updated: 1/5/2018 2:50 PM by Richard Bouchard Page 2 Page 23 of 43 9.B.1. RES-2019-286 PUBLIC HEARINGS -PUBLIC WORKS DATE:12/17/2019 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works 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 24 of 43 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 25 of 43 Date: December 03, 2019 Daniel McIntyre, County Attorney Date: December 03, 2019 Mark Satterlee, Deputy County Administrator Page 26 of 43 5.A.1. 2020-50618 DATE: 11/10/2020 AGENDA REQUEST TO: Erosion District PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - USACE Project Partnership Agreement (PPA) - ADD O 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 27 of 43 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 28 of 43 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 29 of 43 Date: November 04, 2020 Daniel McIntyre, County Attorney Date: November 04, 2020 Alphonso Jefferson, Deputy County Administrator Page 30 of 43 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 December 9, 2020 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: 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 31 of 43 i• 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.mil, or by telephone: 904- 232-3401. Sincerely, MCQUILLEN.TI Digitally signed by MCQUI LLEN.TI MOTHY.HAR MOTHY.HART.1 T.1050583305 Date: 2020,12.09 15:26:08 050583305-0510ol Timothy H. McQuillen Chief, Real Estate Division Enclosures Page 32 of 43 4.B.1. 2020-50865 DATE: 12/15/2020 AGENDA REQUEST TO: Erosion District PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Mosquito Control & Coastal Management Services 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: Page 33 of 43 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 Glenn Henderson, Mosquito Control Director Don West, Public Works Director Daniel McIntyre, County Attorney Date: December 01, 2020 Date: December 01, 2020 Date: December 02, 2020 Page 34 of 43 Date: December 02, 2020 Mark Satterlee, Deputy County Administrator Page 35 of 43 sm. TO: Erosion District PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED, BY: County Attorney SUBJECT: Interlocal Agreement - South Hutchinson Island Coastal Storm Risk Management Project The County, in conjunction with the Erosion District, has entered into a Project Partnership Agreement (PPA) dated December 2, 20,20 with the Department of the Army authorizing the St. Lucie County, Florida Coastal Storm Risk Management Project ("Project") to construct, restore and renourish approximately 3.3 miles of shoreline on South Hutchinson Island. In accordance with the PPA, the County and the District are required to obtain perpetual beach storm damage reduction easements that are necessary to proceed with the Project as well as authorizing future beach and dune restoration projects as necessary. To date, the District has obtained by voluntary conveyance forty-nine (49) of the fifty (50) ocean front properties necessary to proceed with the Project. The County and the District agree that it is most economical and efficient for the District to acquire a perpetual easement over the remaining parcel (Parcel 100). In this regard, attached is a proposed Interlocal Agreement between the County and the District. PREVIOUS ACTION: M FINANCIAL IMPACT: M RECOMMENDATION: Staff recommends that the County and the District approve the interlocal agreement and authorize their respective Chairs to sign the interlocal agreement. COMMISSION ACTION: 'NIESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz Page 36 of 43 SECONDER: Commissioner District 2 Seam Mitchell AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzaidovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures If Date: January 21, 2022 Daniel McIntyre, County Attorney Date: January 26, 2022 Joshua Revord, Port, Inlet & Beaches Director Date: January 26, 2022 Don West, Public Works Director Date: January 27, 2022 Jennifer Hill, Office of Management & Budget Director Date: February 012, 2022 Mark Satterlee, Deputy County Administrator Page 37 of 43 3.A. 1. 040143116"131,11151 TO: Erosion District PRESENTED BY: Joshua Revord, Port, Inlet & Beaches Director SUBMITTED BY: Port, Inlet & Beaches SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project - USAGE Project Partnership Agreement (PPA) - Amendment No. I On November 10, 20201, the Erosion District Board approved the Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers (USAGE) for the St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project (a.k.a. South County Beach). This agreement outlined the responsibilities of both parties (USACE/Counity) in initiating and maintaining a proposed 50-year CSRM federal beach project. This project envisioned the periodic nourishment of 3.4 miles of shoreline north of the Martin County line. A critical component of this PPA is the legal acquisition of perpetual construction easements from all adjacent properties that fall within the proposed project area. These easements are required to justify the federal contribution ($) towards the CSRM project (currently @ 34.3% federal) and include both recreation and construction access elements from the adjacent private landowners. The perpetual construction easements cover only eastern sections of privately owned land (often over the coastal dune system) which may reasonably fall within the future design template of any subsequent federal beach project(s). In total, forty- nine (49) of the fifty (50) oceanfront parcels within the project area signed over associated perpetual construction easements for the project, with one landowner unwilling to participate (Parcel ID 4512-331- 0002-0001-5). After extensive negotiations, prior to initial construction commencing, an exemption from the USACE's 1001% real estate policy was granted and the design/bidding of the initial federal beach project moved forward. The impact of working around this outparcel during initial construction (2022) was ultimately found to be de minimis, and the gap created (by excluding this segment of beachfront from the initial design) did not impact the intended benefits of the CSRM project. The USAGE agreed with the County and designed around the remaining outparcel (4512-331-00012-000-5) but stipulated that the County would need to reasonably pursue the legal acquisition of the last perpetual easement to fully conform with the local sponsor's responsibilities, per the PPA agreement. Recent legal challenges to the standard USAGE perpetual beach storm damage reduction easement language have resulted in a need to amend the current PPA language with St. Lucie County. Amendment No. I was provided to the County for proper execution and is a prerequisite for any formal push by the County to legally acquire the remaining perpetual construction easement. PREVIOUS ACTION: Page 38 of 43 November 10, 2020 — Erosion District Board approval of the St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project, Project Partnership Agreement (PPA) - Agenda Item 2020-50618 (C20-12-797). February 15, 2022 — Interlocal Agreement (20,22-54649, C22-02-134) approved between St. Lucie County and St. Lucie County Erosion District, including the approval to proceed with the acquisition of a perpetual beach storm damage reduction easement ((perpetual easement) for the one (1) remaining federal project outparcel (Parcel 100). FINANCIAL IMPACT: There are no financial impacts directly related to the St. Luice County, Florida Coastal Storm Risk Management Project - PPA Amendment No. 1. RECOMMENDATION: Staff recommends Board approval of Amendment No. 1 to the St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project, Project Partnership Agreement (PPA), and authorization for the Erosion District Chair to sign documents as reviewed and approved by the County Attorney. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 J aimie Fowler AYES: Cathy Townsend, Linda Bartz, Ch ri s Dza d ovs ky, Lai rry Leet, Jamie Fowl er NAYS: None EXCUSED: None Coordination/Signatures Date: October 23, 2023 Daniel McIntyre, County Attorney Date: October 23, 2023 Mayte Santamaria, Deputy County Administrator Page 39 of 43 5.A. 1. �a�Wylm TO: Erosion District PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED, BY: County Attorney SUBJECT: Acquisition of Permanent Beach Storm Damage Reduction Easement - Parcel 100 - Resolution No. 24-020 In November 2002, the U.S. Army Corps of Engineers (USAGE) 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 USAGE 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 feasibility 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 the 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. As part of preparations for the 20,13 project, in 20,12, 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 mean high water line; these project specific Temporary Easements expired on March 1, 20,116. Eventually, the South St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project Feasibility Study was completed and approved; receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 Water Resource and Development Act Bill - WRDA). 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 federal Page 40 of 43 project, the St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (1ST). To effectuate future federal renourishment projects (of which there could be multiple over the 50-year federal project life), current Corps policy requires that the County obtain permanent beach and storm damage reduction easements from all adjacent landowners. These easements encompass specific areas within privately held parcels that are reasonably susceptible to future beach erosion. The acquisition of these easements is necessary for the proper planning of these large and complicated projects and securing them provides the USACE/County/Congress with reasonable assurance that future projects will not be hindered by changes in ownership and/or willingness to participate (which could stall and/or derail project funding and project implementation). The perpetual easements are comparable to the easements obtained for the 2013 project, but with a longer duration to cover all future USAGE and County efforts to construct and maintain the federal CSRM project. USAGE regulations relative to Real Estate Acquisition (ER 405-1-11) include provisions for Perpetual Construction Easements so as to avoid Iprolperty rights interference with operations of the project by the USAGE and County and include additional public access provisions. In response to the Corps requirement that the County obtain permanent beach store damage reduction easements from the 50 property owners owning property within the scope of the project, the County's Property Acquisition Division acquired 49 of the 50 required easements. A location map depicting the location of 49 parcels where easements were acquired along with the location of the only parcel where an easement was not acquired is attached. The parcel where an easement was not acquired is identified as "Parcel 100". Attached to this memorandum is a copy of draft Resolution No. 24-020. The draft resolution, if adopted, would authorize and directs the appropriate County/District staff to acquire a permanent beach storm damage reduction easement over Parcel 100. As indicated in the draft resolution, the Board is required to consider certain factors when determining whether to acquire property including Safety, Costs, Alternate Routes or Methodologies, Long Range Plans and the Environment. Those factors are described in "Exhibit B" and will be further discussed by the County's Director of Port, Inlet and Beaches at the meeting. Presuit Negotiation Florida law provides that before the District files an eminent domain proceeding, the District must attempt to negotiate in good faith with the owner of Parcel 100, must provide the owner with: (1) a written offer, and (2) if requested, a copy of the appraisal upon which the offer is based. In addition, the District must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel. In this regard, the District contracted with Daniel D. Fuller, MAI to provide an appraisal of Parcel 100. Mr. Fuller has determined that the value of Parcel 100, is $,180,000. A copy of the appraisal is attached. Given this information, District staff recommends that the District's offer of compensation to the owner should be $180,000. I a agn rellmr-a4l Ira] LIE 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 20,28. Page 41 of 43 December 17, 2019 - Public Hearing advertised and subsequent Board approval of Resolution No. 2019-286 establishing the definitions and physical boundaries for a Iprolposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - Board approved the South Hutchinson Island MSTU during final FY-201/21 budget meeting. November 10, 2020 - Board approved the St. Lucie County, Florida Coastal Storm Risk Management Project, Project Partnership Agreement (PPA). December 9, 20,20 - St. Lucie County received a USAGE official Project Land's Request, including a specific request for Perpetual Construction Easements along the Iprolposed 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. 01154626-0011 and pre -authorize minor USAGE permit modification requests needed to develop plans and attain state permits consistent with the project's congressional authorization. February 15, 2022 - Board approved an interlocal agreement with the County. April 9, 20,22 — Initial federal beach project dredging begins with a one-time real estate exemption for the remaining outparcel (Parcel 100). May 17, 2022 - Initial federal beach project completed, with approximately 387,165 cubic yards of sand placed during construction. No fill placed adjacent to Parcel 100 per a one-time exemption provided to the County, based on current (at that time) Corps policy guidance. November 7, 2023 - Board approved Amendment No. 1 to the Project Partnership Agreement (PPA). FINANCIAL IMPACT: Funds will be made available in account string 194-3710-5610001-370000 in the amount of $1801,000. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 24-0120 and authorize the Chair to sign the Resolution and to authorize the District to offer compensation to the owner in the amount of $180,000.001. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 J aimie Fowler AYES: Cathy Townsend, Linda Bartz, Ch ri s Dza d ovs ky, Lai rry Leet, Jamie Fowl er NAYS: None EXCUSED: None Coordination/Signatures Page 42 of 43 Date: January 11, 2024 Joshua Revord, Port, Inlet & Beaches Director Z-A Date: January 12, 2024 Jennifer Hill, Office of Management & Budget Director /7 Date: January 15, 2024 Daniel McIntyre, County Attorney Date: January 15, 2024 Mayte Santamaria, Deputy County Administrator Page 43 of 43