Loading...
HomeMy WebLinkAboutMinutes 04.18.202391rc LUCE L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting April 18, 2023 1. CALL TO ORDER Convened: 9:00 AM Adjourned: 10:02 AM The meeting was called to order at 9:00 AM by Chair Cathy Townsend, District No. 5. Present 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 Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Katherine Barbieri, Asst. County Attorney Matt Baum, Parks & Recreation Director Joyania Hawthorne, Parks & Recreation Assistant Director Hunter Lynn, St. Lucie County Sheriff Deputy Barbara Guettler, MSBU Coordinator Benjamin Balcer, Planning & Dev. Services Director Cameron Howard, Airport Manager Susie Caron, Excutive Aide Charlotte Bireley, Tourism & Marketing Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS There were no items scheduled. 5. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Townsend closed public comment. BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM 6. PROCLAMATIONS APPROVAL A. Resolution No. 23-027 - Proclaiming the month of April 2023 as "Child Abuse Prevention Month" and recognizing Hibiscus Children's Center's late Founder LaVaughn Tilton for Her Vision 38 years ago protecting children in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to the " Healthy Families, Helping People Succeed" Supervisor Kaliza Clark and "Hibiscus Children's Center" Director of Prevention Services Will Malone, who thanked the Board and accepted the proclamation. 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 NAYS: None EXCUSED: None B. Resolution No. 23-059 - Proclaiming the Month of April 2023 as Functional Neurological Disorder Awareness Month in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to Laura and Charlotte George of Functional Neurological Disorder Hope International, who thanked the Board and accepted the f 1ULIdIIldLIU[1. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7.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 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 BOCC Joint Meeting with the City of Fort Pierce on 2 1 P a g BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM March 28, 2023. B. Board of County Commissioners minutes for the BOCC Regular Meeting of April 4, 2023. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 26 - 27 Adopted by Consent Vote B. COUNTY ATTORNEY 1. Termination of Grant Administration Contract with United Way of St. Lucie & Okeechobee Staff recommended the Board to authorize the County Attorney to terminate the Non -Profit Grant Administration Contract with the United Way of St. Lucie & Okeechobee. Adopted by Consent Vote 2. Resolution - Accepting a Conservation Easement and Preserve Establishment, Monitoring, and Maintenance Plan from Brock Mason and Jill Mandura - Parcel ID 1423-120-0020-000-7 On March 31, 2021, St. Lucie County Permitting and Zoning Supervisor completed research and determined the subject property is a Non -Conforming Lot of Record, pursuant to Section 10.00.04. The subject property may be developed subject to complying with all applicable Land Development Code requirements. Environmental Resources reviewed the development plan and determined a conservation easement needed to be dedicated to St. Lucie County over a portion of the subject property. Attached for your review and acceptance is the Conservation Easement, the sketch and legal description, and the Preserve Establishment, Monitoring, and Management Plan which have been reviewed and approved by the Environmental Resources Department and the County Surveyor. Staff recommended the Board accept the Conservation Easement and Preserve Establishment, Monitoring, and Management Plan from Brock Mason and Jill Mandura, authorize the Chair to sign the resolution, and direct staff to record the documents in the public records of St. Lucie County, 3 1 P a g BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM Florida. Adopted by Consent Vote 3. Drug Lab Fee Increase Staff recommended that the Board adopt Resolution No. 23-047 and authorize the Chair to sign the resolution. Adopted by Consent Vote 4. Revocable License Agreement - 752 Altura Street - River Park - Unit 3 - Richard John Kampff Jr - Parcel ID 3419-515-0115-000-5 Mr. Kampff is requesting a Revocable License Agreement to install a 6' wood fence with a gate along the southwest and northeast sides of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence on the southeast side of the property, within the County's 6' Drainage/Utility Easement, per the Restrictive Covenants recorded in Deed Book 226, Page 181. He understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at his expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Kampff pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 191 NE Caprona Avenue - River Park Unit 4 - Mathelin James and Carlene Gayle - Parcel ID 3419-530-0225-000-6 Ms. James and Ms. Gayle are requesting a revocable license agreement to be allowed to install a 6' wood fence with gates along the sides of the property, within the County's 6' Drainage/Utility Easement, and along the rear of their property within the County's 10' Drainage/Utility Easement, per the Restrictive Covenants recorded in OR Book 64, Page 235. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port St. Lucie have reviewed the license agreement and have no objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. James and Ms. Gayle pay to record the agreement in the public records of St. Lucie County, Florida. 4 1 P a g e BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM Adopted by Consent Vote 6. Contract for Sale and Purchase of Permanent Drainage and Right -of -Way Easement Tilton Road/St. Lucie Gardens Watershed Improvements - Carmen and Evelyn Capezzuto - Parcel ID 3414-501-1111-400-0 (a portion of) Staff recommended the Board approve the contract for sale and purchase from Carmen and Evelyn Capezzuto, authorize the Chair to sign the contract and resolution accepting the permanent drainage and right-of-way easement, direct staff to proceed with the closing, and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Contract for Sale and Purchase of Permanent Drainage and Right -of -Way Easement Tilton Road/St. Lucie Gardens Watershed Improvements - James and Pavla Barry - Parcel ID 3414-501- 1112-400-7 (a portion of) Staff recommended the Board approve the contract for sale and purchase from James and Pavla Barry, authorize the Chair to sign the contract and resolution accepting the permanent drainage and right-of-way easement, direct staff to proceed with the closing, and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. South Causeway Park - Sovereignty Submerged Lands Lease Renewal - Board of Trustees File No. 561391568 Staff recommended that the Board approve the Sovereignty Submerged Lands Lease Renewal; authorize the Chair to sign the Renewal; direct staff to return the Renewal to the Board of Trustees of the Internal Improvement Trust Fund for signature and record in the public records of St. Lucie County, Florida. Adopted by Consent Vote C. COMMUNITY SERVICES 1. Permission to Enter into a Contract with Engineering Design and Construction, Inc. for Professional Services for the Veterans Village Staff recommended Board approval to enter into a standalone contract with EDC for professional engineering and design services at a discounted rate of $80,085.00 related to the Veterans Village, and authorization for the Chair to sign documents; subject to legal form and correctness as approved by the County Attorney. Adopted by Consent Vote 2. Resolution 23-50 Amending Resolution 22-124 to Provide for a Revised Due Date for the Homeless 5 1 P a g e BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM Advisory Committee Annual Report Staff recommended Board approval of Resolution 23-50 amending the annual report submission date for the Homeless Advisory Committee, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote D. FACILITIES 1. Sole Source Vendor for The Facilities Department Staff recommended board approval of the bid waiver and sole source determination for the purchase of parts, equipment, services, and supplies for the maintenance and operation of St. Lucie County Jail Camera/security systems from the sole source vendor, Accurate Controls, and authorization for the Chair to execute all applicable contracts and documents as approved by the County Attorney. Adopted by Consent Vote 2. Award of Bid No. 23-022 - Demolition and Utility Disconnect for 480 N. 7th Street - $113,135.00 Staff recommended Board approval to award Bid No. 23-022 to L.E.B. Demolition & Consulting Contractor, Inc. for the amount of $113,135.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote E. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 23-014 - Progressive Design/Build Services for Water & Wastewater Facilities Staff recommended Board approval of the short-listed firm for RFQ No. 23-014 and permission to: • Conduct contract negotiations with the highest -ranked proposer, Wharton -Smith, Inc. • If negotiations are successful, award the contract to the highest -ranked proposer and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 2. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $73,944.00. Adopted by Consent Vote 6 1 P a g E BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM F. PARKS & RECREATION 1. Blind Creek Beach Restroom and Parking Lot Renovation Design Work Authorization Amendment - $71,000.00 Staff recommended board approval of the first amendment to work authorization no. 01 with Captec Engineering's Contract #: C19-08-751 in the amount of $71,000.00 and authorize the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote G. PUBLIC UTILITIES 1. Acceptance of Payment Processing Agreement with CSG Forte Payments, Inc Staff recommended the acceptance of the payment processing agreement with CSG Forte Payments, effective August 1st, 2023 to allow time to notify customers and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Award Bid No. 23-017 - North County (aka Holiday Pines) Wastewater Treatment Facility Expansion Construction Contract Staff recommended approval to award Bid No. 23-017 to Lawrence Lee Construction Services, Inc. of Stuart, Florida, in the amount of $6,570,000.00 contingent upon approval of their bid package by the County Attorney, and authorization of the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote 3. Award of Bid No. 23-023 Side Slope & Stormwater Ditch Mowing/Trimming Staff recommended Board approval to award Bid No. 23-023 to Nature's Keeper, of Fort Pierce, FI., in the not to exceed amount of $108,900.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Acceptance of eFactor3 Service Agreement for the Scheduled Maintenance of the two Metso Shredders Staff recommended the acceptance of eFactor3 service agreement for the scheduled maintenance of the two Metso Shredders and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 7 1 P a g E BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM H. PUBLIC WORKS 1. Midway Road (from Glades Cut -Off Road to Selvitz Road) - Adopt Resolution No. 2023-49 and Approve FDOT Local Funding Agreement (LFA) for Engineering, Design, and Permitting Staff recommended that the Board adopt Resolution No. 2023-49 and authorize the Chair to sign the FDOT Local Funding Agreement, FPN 231440-3-32-01, and other documents as approved by the County Attorney. Adopted by Consent Vote 2. Approval of Supplemental FDOT Local Agency Program (LAP) Agreement - Bell Avenue Sidewalk from S 25th Street to Sunrise Boulevard Project Staff recommended that the Board approve the Supplemental Agreement to FDOT Local Agency Program Agreement, FPN 446076-1-58-01, and authorize the Chair to sign as approved by the County Attorney. Adopted by Consent Vote 3. SR 615/S. 25th Street Resurfacing (from N. of Edwards Road to N. Virginia Ave.) - Adopt Resolution No. 2023-54 and Approve FDOT Local Funding Agreement (LFA) Staff recommended that the Board adopt Resolution No. 2023-54 and authorize the Chair to sign the FDOT Local Funding Agreement 446170-1-52-02, and other documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. January 16, 2023, MLK Family Fun Day Festival and Car Show Dan McIntyre, County Attorney, addressed the Board and advised James Monds, the organizer of the event and president of Give Back 2 Kids, Inc., that he was not present for the appeal process and felt it was important for staff to continue the proceeding for the record in support of the Board's decision. Katherine Barbieri, Assistant County Attorney, Matt Baum, Parks & Recreation Director, and Joyania Hawthorne, Parks & Recreation Assistant Director, presented this item to the Board. The appeal before the Board was submitted by James Monds, president of Give Back 2 Kids, Inc., to the determination of the County Administrator to uphold the prohibition of Mr. Monds and any affiliating entity from leasing any County facility. The appeal procedure was established in Resolution No. 15-195. On January 16, 2023, the MLK Family Fun Day Festival and Car Show event was conducted at Ilous Ellis Park in flagrant violation of the terms of the Facility Use Agreement dated January 10, 2023, wherein inadequate supervision and security were provided during the event. It has since been alleged that injury to persons that attended, including one death, occurred as a result of the same. Due to the actions of the BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM individuals who held the event, they have been denied the use of the County facilities. Staff submitted for the record the agenda request, a staff memo of six (6) pages, an exhibit list of (4) pages, and exhibits 1-43 consisting of (176) pages. The exhibits were broken down into general categories: • Text messages from the event organizers and Elite Tactical Solutions, a private corporation, were contacted to be contracted for the security of the event. • Emails between Event Organizers, County, and St. Lucie County Sheriff's Office. • Applications and use agreements for use of the parking lot. • A grid showing the layout of the event that was never shared with the County. • A map showing what was rented and what the event organizers used. • Photographs of the event. • Advertisements for the vendors show mobile bars. • Letters between the County and Event Organizers showing the appeal were processed. • Screenshot showing how the event was described to law enforcement. • Testimony of St. Lucie County Sheriff Deputy Hunter Limb, who was in attendance at the event as an off -duty detail. The event was described as a Kids Zone Festival from 12:00 pm to 6:00 pm. Instead, organizers held a massive block party with alcohol which was carried onto the streets, blocking the area from all vehicular use. The detailed description was set to be a Kid Zone Festival Youth and Car Show. Inside the agenda packet referred to as Exhibit 11 is a form prepared by Mr. Monds for an off -duty request to St. Lucie County Sheriff's Department, listing himself as the contact person for the described Kid Zone Festival. Instead, Exhibit 36, shows a grid prepared by the event organizers and shared only with Elite Tactical Solutions, not the County, on January 9, 2023, a layout of at least three mobile bars, and one item for face -painting with a total of 16 vendors. As stated in the testimony of Deputy Limb, there was only one item for kids, which was face -painting, and no bounce house, ring toss, etc. Exhibit -A to the Facility Use Agreement lists the number of attendees as 150 people. Exhibit 15 is an email from County staff to Give Back 2 Kids, Inc and CC to Mr. Monds the president, the contract, and cost estimates of the attendees listed as 150 people. Exhibit 42 shows the three mobile bars and Exhibits 37 and 41 display the crowd, event area, debris, and the blocked street area, with an estimate of over 1000 attendees. There was to be no alcohol as indicated in the Facility Use Application by Mr. Monds the primary contact person in Exhibit 10. Exhibit 11 displays Mr. Mond's request for an off -duty officer to the St. Lucie County Sheriff's office also indicated there would be no alcohol and that he was the onsite contact person according to his request. The three mobile bars are displayed as Thrist Trap, Drunken Monkey, and Vibrant Drinks. Security personnel as displayed in Exhibit 11 a forwarded message from Mr. Monds to St. Lucie County Sheriff's office stated the arrangement was for two deputies and four armed security forces from Elite Tactical. Exhibit 25 displays a message from his business partner stating that the Sheriff's office had been paid and they were canceling Elite Tactical without telling St. Lucie County or St. Lucie County Sheriff's Office. In summary, the event was not conducted in compliance with the County Facilities Agreement. The purpose was misrepresented, numbers were dramatically underestimated, the sale of alcohol was not disclosed and security personnel was canceled without notifying any agency. Staff requested permission from the Board to question Deputy Hunter Limb. 01 BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM Ms.Barbieri asked the deputy a series of questions about the event regarding the sign-up for off -duty detail, arrival time, speaking to anyone upon arrival, the crowd, and what took place during the event. Deputy Hunter Limb of St. Lucie County Sheriff's Office responded and advised he signed up for the six hours of overtime, off -duty detail on January 16, 2023, being that the event stated to give back to kids and seemed pretty straightforward. He arrived approximately 10 minutes prior, around 11:50 am. Upon arrival, he spoke with a male and a female but didn't get their names and there were some of the event organizers standing at the front entry area. It was not busy at that time. The vendors were still setting up and some people were walking around. He spoke with one of the event organizers and they mentioned it would be busy later but did not state what time or how many people. Deputy Limb said he only saw one family -friendly event, which was face painting at the end. Deputy Limb advised there were alcohol vendors in attendance with a lot of alcohol being served. He stated at the height of the event, approximately 1000 or so people overflowed into the streets, blocking traffic and his marked patrol car with lights on. Also, the event would not have stopped at 6:00 pm as understood when he signed up. Staff recommended the Board uphold the County Administrator's decision prohibiting the use of County facilities by James Monds, Give Back 2 Kids, Inc., or any other entity of which Mr. James Monds is an officer. This prohibition also involves/includes any event in which Mr. James Monds is named as an organizer. The Board did not have any questions or comments on this item. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None L•3111'lI1. 1CaTiTIOI Rr*1 1. Culvert 2023-04 Municipal Services Benefit Unit - Assessment Resolution Barbara Guettler, MSBU Coordinator, presented this item to the Board. In 2021, the Board created the Culvert Assistance Program to give property owners the option to fund the replacement of failed culverts through Non -Ad Valorem Assessments. The proposed resolution is the assessment as required by the County Ordinance 21- 004, as amended. The purpose of the resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the MSBU, determine that real property therein will be specially benefitted, establish the method of assessing the 101Page BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM cost of the improvements, approve the assessment roll Staff recommended Board approval of Resolution No. 2023-51, the Culvert 2023-04 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. The Board did not have any questions or comments on this item. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. 4 motion was made to approve statt recommendations, and it passed unanimous RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Planning and Zoning Commission - At -Large Member Vacancy George Landry, County Administrator, presented this item to the Board. This item is in continuance of the March 21, 2023, Regular Meeting to provide time for more application submittals. Staff received four (4) additional potentially qualified applicants. All 16 applications were forwarded to the Board for review and consideration. Staff recommended that the Board vote and appoint one representative to fill the At -Large seat on the Planning & Zoning Commission. The listed candidate names: Alfredia Agnew, Michael Cook, Marcia Strange Cully, KeAndrea Davis, Carol Dols, Kevin Scott Keene, Jeffrey Bernard Lyons, Stewart Mencer, Larry Neese II, Charles Perry III, Dominic Siano, Charlotte Stahlberg, Betty Jo Starke, Krista Storey, Harvey Taylor, and Bianca Wall. Each commissioner was provided a ballot preference sheet and was directed to indicate the top candidate believed to be the best choice. Each Commissioner submitted their tally selection. Commissioner Leet initially selected Michael E. Cook and upon discussion with the Board, changed his vote to Larry C. Neese, II for the majority vote. 11 1 P a g BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM George Landry, County Administrator, announced each Commissioner selected candidates from the tally sheets. Candidate Commissioner Dzadovsky Commissioner Leet Commissioner Bartz Commissioner Fowler Commissioner Townsend Total Michael E. Cook * Initial selection 1 Larry C. Neese, II * Final selection * * 3 Krista Storey * 1 Betty Jo Starke * 1 The Board did not have any questions or comments on this item. A motion was made to approve and ratify the appointment of Larry Neese II for the Planning & Zoning -At - Large Vacancy, and it passed unanimously. RESULT: APPROVE - LARRY NEESE II PLANNING & ZONING AT -LARGE -VACANCY 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 B. COUNTY ATTORNEY 1. Sixth Amendment to Amended and Restated Facilities Use Agreement with Sterling Facilities Services, LLC. Dan McIntyre, County Attorney, presented this item to the Board. The County agreed with the New York Mets. The Board approved a new Facilities Use Agreement with the Mets that extended the term through 2042, which also included media coverage within the New York and the St. Lucie facility. The terms also included the renovation and improvement of the Tradition Field Sports Complex. The proposed amendment, if adopted, would amend Exhibit "M" to the Facilities Use Agreement to update the advertising service obligations of the parties. The staff has been in negotiations with the Mets to update the agreement to accurately reflect what is provided. Staff recommended that the Board approve the sixth amendment to the amended and restated facilities use agreement, and authorize the Chair to sign the amendment, subject to final approval of the County Attorney. The Board did not have any questions or comments on this item. 12 1 P a g BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Resolution No. 2023-044 - Indian River Drive from Citrus Avenue South to the Martin County Line Speed Limit Reduction Daniel McIntyre, County Attorney, presented this item to the Board. The proposed resolution requests the Board's approval to lower the speed limit on Indian River Drive from 35 miles an hour to 25 miles an hour from Citrus Avenue to the Martin County line. Indian River Drive from Citrus Avenue South to the Martin County line is a residential district with road and roadside features not readily obvious to the normally prudent driver. Indian River Drive is a unique road within the County that started as a dirt road and the way people traveled from Fort Pierce down to the Jensen Beach area. Indian River Drive is a narrow roadway with little to no right-of-way/shoulder, zoning issues, stormwater collection issues, visibility issues, and drop-off hazards. The Board has been in the works to make the roadway safer with speed studies, striping, and the installation of 3-way signs in efforts to address the speeding issues. The proposed resolution, if adopted, would establish a 25-mile-per-hour speed limit to be in effect on May 26, 2023, allowing ample time for the change and educating and notifying the public and with the assistance of the St. Lucie County Sheriff's Office, the changes can be enforced. In terms of the Sheriff's Office, enforcement may be a challenge due to the narrow road and shoulder widths, which can be resolved with the permission of private property owners for the use of driveways and vacant lots. Staff recommended Board approval of the resolution and authorization for the Chair to sign documents as approved by the County Attorney. Commissioner Dzadovsky questioned whether, from a legal standpoint, the County can agree with private property owners of empty lots for the County to assist in cutting back areas (grass, bushes, etc.) on the property to be used as pull -off areas for safe operations of law enforcement. The County Attorney advised the County and the property owner can enter into a license agreement or a temporary easement with the property owners. Mr. McIntyre suggested having a meeting with the Public Works and the Property Acquisitions staff and the Sheriff's Office to discuss a solution with property owners. There was more discussion regarding the safety of Indian River Drive, Law Enforcement, speed studies, and monitoring of the area to track the effectiveness of the speed change. The Board did not have any further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE 131Page BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 3. Interlocal Agreement with the City of Fort Pierce and the City of Fort Pierce Redevelopment Agency - Development of the Avenue D Model Block Mayte Santamaria, Deputy County Administrator, presented this item to the Board. The proposed Interlocal Agreement of the Avenue D Model Block Project between the County, the City of Fort Pierce, and the Fort Pierce Redevelopment Agency (FPRA) or their CRA. As identified in the City of Fort Pierce 2020 CRA Redevelopment Plan, the Avenue D Model Block Project comprises multiple parcels of land separately owned by various parties and generally located between Avenue D, North 7th Street, and North 8th Street in Fort Pierce. The parcels combined total approximately 5.8 acres and were previously discussed in an Informal Meeting on March 7, 2023, and a Joint Meeting with the City of Fort Pierce on March 28, 2023. The City of Fort Pierce has recently approved the item on its consent agenda. The interlocal agreement proposes a two -phased approach to the project. The first phase involves requesting letters of interest and the County would take the lead in the procurement process and issue the requests. The Letters of Interest are intended to gauge the interest of possible vendors and developers to provide a conceptual idea of the property with the collective goals of improving the quality of life for the existing residents within the Avenue D corridor, inviting economic opportunities, attracting businesses, providing affordable housing and enhancing community services. Once the letters of interest are received by the parties, the County, the City of Fort Pierce, and the Fort Pierce Redevelopment Agency would each appoint representatives to review the responses and the review committee would then recommend if and how to continue the proceedings into phase two. Phase two of the project would be collaborative, including the drafting and requests for proposals or any other type of invitation for the specific use or possible group of uses on the property. Staff recommended the Board approve the proposed Interlocal Agreement and authorize the Chair to sign the Interlocal Agreement subject to final review and approval by the County Attorney. Commissioner Dzadovksky mentioned the consideration of the addition of a Fire Station/ladder truck within the area. The Board did not have any further questions or comments on this item. 4 motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 14 1 BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM 4. Unsolicited Proposal from Olympus Aviation Dan McIntyre, County Attorney, and George Landry, County Administrator, presented this item to the Board. Based on a prior recommendation from the previous County Administrator, the County built a 28,500-square-foot hangar and related facilities on a spec basis without a prospective tenant. The cost to construct the MRO Hangar was $8.7 million. The County financed the construction costs of the hangar by obtaining a $1.6 million grant from the Economic Development Administration (EDA) contemplating the creation of jobs and borrowing money. The County is currently paying approximately $20,000 per month in debt service. The County attempted to make three (3) procurements to obtain a tenant to occupy the MRO Hangar but was unsuccessful. On March 17, 2023, the Board directed staff to expedite the MRO Hangar as a priority due to the debt services and the Economic Development Administration (EDA) grant. County staff had recently been successful in obtaining a procurement with an unsolicited proposal from Olympus Aviation on March 22, 2023. The original terms submitted in the unsolicited proposal were for $12 a square foot on a 31,500 square foot hanger, which equates to approximately $387,000 annually for a three-year lease with an automatic two-year renewal, with some concessions made by the County. However, County staff have been successful in negotiations for $13 per square foot, which equates to $409,500 per year and the only concession is for flooring inside the 3,000-square foot portion of unfinished office space. Staff also requested the two-year extension be made mutually agreed upon as the County moves forward with the plan for the airport and the Board's future vision of that airport. The County wanted to maintain some control at the three-year point if the relationship with Olympus Aviation is in good standing. Olympus Aviation also requested some opportunities to expand into more areas of the airport in the future. Staff provided the Board with a drafted facilities lease agreement between the County and Olympus Aviation. The Economic Development Administration (EDA) has approved the lease as one of the conditions within the letter in terms of discussion. The proposed lease agreement only includes the MRO hangar, separating the Hangar lease from the future development of Arrow East and Arrow West and other airport developments will allow the County to take a prudent approach to the future development of the remaining property. The proposed term of the lease as outlined is for three (3) years and will allow Olympus Aviation and the County to determine if the proposed use of the MRO Hangar is consistent with the County and the Board's vision for the development of the airport. Staff recommended that the Board approve the facilities lease agreement and authorize the Chair to sign the lease agreement. The Board welcomed Cameron Howard, Airport Manager, and did not have any further questions or comments on this item. Chair Cathy Townsend passed the gavel to Vice -Chair Linda Bartz. Commissioner Townsend motioned to approve (staff recommendations) and Commissioner Chris Dzadovsky seconded the motion. After the vote, Vice -Chair Bartz passed the gavel back to Commissioner Townsend, and she retained her position as Chair, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend 15 1 BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. Resolution 23-060 - Ratification of the Public Safety Director's Declaration of Local Emergency and the County Administrator's Order Banning Open Air Burning in St. Lucie County Dan McIntyre, County Attorney, presented this item to the Board. On April 7, 2023, St. Lucie County's Public Safety Director declared a State of Local Emergency, at the request of the Fire Chief of St. Lucie County Fire District due to drought conditions at that time within the County. Emergencies must be ratified by the Board because they are responsible for taking any emergency actions as they have in the past with Covid-19 and Hurricane issues. Paragraph 4 of that Declaration of Emergency provides that the County Administrator may take actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of a local state of Emergency. Staff recommended the Board approve Resolution No. 23-060 ratifying the Public Safety Director's Declaration of Emergency and Extensions and the County Administrator's Order banning open-air burning in St. Lucie County. The Board did not have any questions or comments on this item. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 6. St. Lucie County Non -Profit Grant Program Dan McIntyre, County Attorney, presented this item to the Board. The Board established a funding policy for nonprofit agencies, based upon excess fees received from the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector two years before the effective date of a budget. Historically, the Board has funded them over some time and from the staff's and the Board's perspective, the determination of agencies is worthy of funding. The Board entered into a partnership with the United Way in the past and has recently terminated the relationship. At a staff level, they tried to figure out how to deal with non-profit funding. The staff is recommending the Board sunset the nonprofit grant program and its effectiveness for the next fiscal year effective for next fiscal year. Certain line items in the budget are statutorily mandated, such as New Horizon and the Hands Clinic. The Hands Clinic provides medical and dental services for the underprivileged and preventive services. Annually, non-profit organizations have been required to apply to the United Way and participate in a community review panel for consideration of funding. The United Way would provide funding 161Page BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM recommendations to the Board, which ultimately would decide the final funding allocations for the non- profits. Staff recommended the Board sunset the County's Non -Profit Grant Program effective for FY 2023-2024. There was a discussion regarding the return on investment, reporting, and a budget discussion regarding the Hands Clinic and other non-profit organizations in need of funding. The Board did not have any further questions or comments on this item. 4 motion was made to approve staff recommendations, 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 NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director Benjamin Balcer, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services monthly update on development applications received administrative approval through the department. This discussion focused on approvals that occurred over the previous month. • Aquaculture Office at Harbor Branch: Minor Adjustment to a Planned Mixed -Use Development (PMUD) • Lake Forest Park ALF: Major Adjustment to a Minor Site Plan • FPL Pineapple Solar Energy Center: Minor Site Plan • FPL Orchard Solar Energy Center: Minor Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, May 2, 2023, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, May 9, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 171Page BOCC Regular Meeting Tuesday, April 18, 2023 9:00 AM Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, May 16, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:02 AM. Please note: Final minutes are recorded in the official minutes books filed with the Clerk of the Circuit Court and available for inspection upon request. OR