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HomeMy WebLinkAboutMinutes 04.19.202291rc LUCE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting April 19, 2022 Convened: 9:00 AM Adjourned: 1 1:49 AM 1. CALL TO ORDER Fhe meeting was called to order at 9:00 AM by Chair Sean Mitchell, District No. 2. Present Commissioner Sean Mitchell District 2, Commissioner Frannie Hutchinson District 4, Commissioner Chris Dzadovsky District 1, Commissioner Linda Bartz District 3, Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Caroline Valentin, Asst. County Attorney John Titkanich, Innovation & Performance Division Director Barbara Guettler, MSBU Coordinator Jennifer Hill, OMB Director Joseph Sabater, Impact Fee Program Manager Patrick Dayan, Water Quality Division Manager Tresa Francis, Impact Fee Fiscal Coordinator Nicole Fogarty, Legislative Affairs Director George Landry, Solid Waste Division Director Mayte Santamaria, Planning & Development Services Director Steven Schriever, PFM Group Nilgun Kamp, Tindale Oliver Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Jamie Josephs expressed concerns to the Board regarding the upcoming proposed M Ranch Mine Project and its effects on her family's Tropical Fish Farm. • Melissa Jakes addressed the Board regarding the upcoming proposed M Ranch Mine Project and its health, safety, and well-being effects on the residential area. • Mark Derosa addressed the Board regarding Indian River Drive's roadway activities, usage, trash removal, reduction in the speed limit, and the approved budget for improving the conditions. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Special Informal Meeting of March 29, 2022. B. Board of County Commissioners minutes for the BOCC Regular Meeting of April 5, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution No. 22-045 - Proclaiming the month of April 2022 as "Child Abuse Prevention Month" and recognizes Hibiscus Children's Center's Founder LaVaughn Tilton for "36 Years of Serving 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 Mitchell presented the proclamation to "Hibiscus Children's Center," Tracy Savoy, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None Pa BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM I EXCUSED: None I B. Resolution No. 22-060 - Proclaiming April as "National Minority Health 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 Mitchell presented the proclamation to the "Florida Department of Health," ncaiui yuiLy uaiwii, %.CIMLa.3wu., wiiv uiaiincu LlM waiu aiiu at_t_cNLcu LlM Nivt-iaiiiauvii. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. Resolution No. 22-066 - Proclaiming the Month of April 2022 as "Sexual Assault 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 Mitchell presented the proclamation to "The Inner Truth Project," Board Director Rochelle Popp -Finch, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None D. Resolution No. 22-074 - Proclaiming Thursday, April 28, 2022, as "Workers' Memorial Day" 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 Mitchell presented the proclamation to the President of Florida Alliance for Retired Americans, Business Representative of Teamsters Local 769, and Victoria, Retired Member of St. Lucie County Education Association, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None 3 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM I EXCUSED: None I E. Resolution No. 22-061 - Honoring Ms. Lucille Rieley Rights of St. Lucie County The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Mitchell presented the proclamation to Lucille Reiley Right, who thanked the Board and accepted the proclamation with honor. APPROVE IRESULT: MOVER: Commissioner District 4 Frannie Hutchinson ISECONDER: Commissioner District 5 Cathy Townsend IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I I NAYS: None I 1 EXCUSED: None 7. PRESENTATIONS A. Sunshine Laundry and WPSL Christmas Kids Check Presentations Carol Wyatt, WPSL Christmas Kids, Tom Rhodes, Sunshine Laundry, Keara Dombrowski, Aquatics & Safety Coordinator, and Summer Ivey -Platt Parks & Special Facilities Division Manager, presented the Board with a donation to allow children of St. Lucie County to participate in swim lessons at a reduced cost. WPSL donated $6,875.00 and Sunshine Laundry donated $2,500.00. A total of 175 children will be allowed to participate in swim lessons to gain life-saving knowledge and skills. St. Lucie Aquatics strives to make residents safer in and around the water by providing opportunities for affordable swim lessons. Swimming Lesson Scholarships are now available at the pool locations: Ravenswood Pool, 400 SW Ravenswood Ln., Port St. Lucie, FL 34983 8. CONSENT AGENDA Lincoln Park Pool, 1311 Avenue M, Fort Pierce, FL 34950 A motion was made to adopt the consent agenda, and it Lakewood Park Pool, 5990 Emerson Ave., Fort Pierce, FL 34951 unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson IAYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend I NAYS: I None I EXCUSED: None 4 1 P a g e BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM A. WARRANTS 1. Warrant Lists 26 - 27 Adopted by Consent Vote B. AIR & SEA PORT 1. Lease Agreement between Aircraft Service Center and TMX Aero Staff recommended Board approval of the lease agreement between Aircraft Service Center and TMX Aero as approved by the County Attorney and for the Chairman to sign all required documents. Adopted by Consent Vote 2. Board Acceptance - Port of Fort Pierce's Harbour Pointe Development Initiative Seaport Grant and Grant Resolution This grant will allow the County to start the planning, design, and permitting phases of the Harbour Pointe Development Initiative, as found in the Port Master Plan. The Florida Department of Transportation is providing $456,927.00, which requires a local match requirement of $456,927.00. The total funding under this grant will be $913,854.00. Staff recommended Board acceptance of the Port of Fort Pierce's Harbour Pointe Development Initiative Seaport Grant and Grant Resolution and authorization for the Chair to sign all applicable documents as approved by the County Attorney. Adopted by Consent Vote 3. Board Acceptance - Seaport Security Grant for the Port of Fort Pierce's Security Initiative This grant will allow for various security improvements to be made to both the Port of Fort Pierce terminal area and the Harbour Pointe area of the Port. Funds can be used for design, permitting, and construction -related expenses associated with the project. The Florida Department of Transportation is providing $251,570.00, which requires a local match of $83,857.00. The total funding under this grant is $335,427.00. Staff recommended Board acceptance of the FDOT Seaport Security Grant for the Port of Fort Pierce's Security Initiative and grant resolution and authorization for the Chair to sign all applicable documents as approved by the County Attorney. Adopted by Consent Vote 4. Board Approval — Contract Amendment #2 for the Consulting/Professional Services for the Airport Maintenance, Repair & Overhaul (MRO) Hangar with Avcon 5 1 P a g E BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Staff recommended Board approval of the contract amendment for the consulting and professional services for the MRO Hangar Project with Avcon in the amount of $50,020.00 and authorization of the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Miller & Co. Contract Amendment and Extension Staff recommended Board approval of contract amendment No. 5 for Miller & Co. and for the Chairman and County Attorney to sign all required documents. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Resolution - Right -of -Way Donation on Old Dixie Highway from SCI Funeral Services of Florida, LLC - Parcel ID 1405-320-0004-000-7 On January 25, 2022, the Planning and Development Services Director approved PDS Order 2022- 001, granting a Minor Adjustment to the Minor Site Plan approval for the project known as Hillcrest Memorial Gardens. As a condition of approval, A-2 states, within 90 days of the recorded order of approval, the applicants, property owners, developers, successors, or assigns shall convey to St. Lucie County in a manner and form acceptable to the County Attorney for a narrow triangle -shaped portion of land, approximately 1,200 linear feet in length to south on the east side of Old Dixie Highway totaling approximately 1.77 acres within a parent tract of approximately 26.88 acres of land located at 6194 N U.S. Highway 1 in Section 5, Township 34 South, and Range 40 East in St. Lucie County, Florida. Attached for your review and acceptance, you will find the proposed warranty deed. Staff recommended the Board accept the warranty deed from SCI Funeral Services of Florida, LLC, authorize the Chair to sign the resolution, and direct Staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. After the Fact Revocable License Agreement - 5385 Christensen Road - Wiley's Landing - Parcel 1- Dennis and Linda Horton - Parcel ID 3405-700-0002-000-5 Mr. and Mrs. Horton are requesting an "After the Fact" Revocable License Agreement to keep their 4' wood fence and metal gate at its present location, approximately 90' south of their north property line, across the right-of-way of Christensen Road. They understand if the County Engineer determines the fence and gate is causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at their expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no 6 1 P a g e BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM objections. Staff recommended the Board approve the revocable license agreement, authorize the Chair to sign the agreement, and direct Mr. and Mrs. Horton pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Revocable License Agreement - 606 Willows Ave - River Park - Unit 2 - Sissy Smith Sawyer (T.R.) - Parcel ID 3419-510-0241-000-2 Ms. Sawyer has requested a Revocable License Agreement to install a 4' vinyl fence and a 6' vinyl fence with a gate along the east side of the property within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. She understands if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality 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. Sawyer pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 4. First Addendum to Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Alemu Real Estate Holding LLC - Parcel ID 1431-801-0074-000-5 and 1431-701-0074-000-8 Staff recommended the Board approve the first addendum to the contract for sale and purchase, authorize the Chair to sign the addendum, direct Staff to proceed with the closing, and record the warranty deed in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 278 NE Solida Dr - River Park - Unit 9 - Part C - Scott Hunter Stafford - Parcel ID 3419-570-0003-000-8 Mr. Stafford is requesting a revocable license agreement to be allowed to install a 4' chain -link fence and gate along the east side of the property, a gate along the west side of the property, both within the County's 6' Drainage/Utility Easement and a 4' chain -link fence along the south side of the property, within the County's 10' Drainage/Utility Easement per the Plat recorded in Plat Book 15, Page 28. 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. 7 1 P a g E BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Engineering, Road & Bridge, and Water Quality 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. Stafford pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Revocable License Agreement - 608 Beach Avenue - River Park - Unit 2 - John and Helen Montgomery - Parcel ID 3419-510-0110-000-5 Mr. and Mrs. Montgomery are requesting they be allowed to install a 4' metal fence with an 8' wide gate along the East side of their property and an 8' wide gate along the West side of their property that shall not extend past the property boundary, all located within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. 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, Water Quality, and Road & Bridge 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. and Mrs. Montgomery pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 7. Revocable License Agreement - 824 SE Corto Terrace - River Park - Unit 7 - Camille E Eads - Parcel ID 3419-550-0041-000-4 Ms. Eads is requesting she be allowed to install a 6' PVC fence and (2) 4' wide gates along the south side of the property, both within the County's 6' Drainage/Utility Easement, and a 6' PVC fence along the west side of the property, within the County's 10' Drainage/Utility Easement per the Declaration of Restrictions recorded in Official Record Book 52 Page 603. She 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 her expense. Engineering, Water Quality, and Road & Bridge 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. Eads pay to record the agreement in the public records of St. Lucie County, Florida. 8 1 P a g e BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Adopted by Consent Vote D. COMMUNITY SERVICES Approval of Revised Subordinate Loan Documents in the amount of $700,000.00 between Blue McNeil Two, LLC., as Borrower and St. Lucie County, as Lender for the Financing of a Local Government Contribution Towards the Construction of Blue Sky Landing Staff recommended Board approval of the revised mortgage and note documents in the amount of $700,000.00 between Blue McNeil Two, LLC, as the Borrower, and St. Lucie County, as Lender; subject to legal form and correctness as approved by the County Attorney; and approval for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote A Subordination Agreement Between JPMorgan Chase Bank, N.A., T.D. Bank, N.A., St. Lucie County, and Blue McNeil Two, LLC Related to the Financing of Blue Sky Landing Staff recommended Board approval of the subordination agreement as approved to legal form and correctness by the County Attorney and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) Fiscal Year 22/23, 23/24, 24/25 *RES-2022-86 was added post -meeting. Staff recommended Board approval of the resolution adopting the SHIP LHAP for Fiscal Years 2022/2023, 2023/2024, and 2024/2025 as approved by the Florida Housing Finance Corporation and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 1. Savannas Greenway Trailhead - Florida Communities Trust (FCT) - Grant Agreement - FCT Project No. 20-006-FF21 Staff recommended Board approval of the Florida Communities Trust grant agreement for the Savannas Greenway Trailhead and authorize the Chair to sign the agreement as approved by the County Attorney. The grant agreement sets forth the procedures for reimbursement of up to $643,106.25 or 50% of the acquisition cost and guides the future management and use of the project site. Adopted by Consent Vote 9 1 P a g E BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM F. FACILITIES 1. Bid Award No. 22-028 Fairgrounds Livestock Arena Roof Replacement Staff recommended Board approval to award Bid No. 22-028 St. Lucie County Fairgrounds Livestock Arena Metal Roof Replacement to All -Area Roofing & Construction in the amount of $139.545.00 and authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Permission to Piggyback Palm Beach County Contract No. 19-042RB with Universal Cabling Systems, Inc. Staff recommended Board approval of the piggyback of Palm Beach County Contract No. 19-042R with Universal Cabling Systems, Inc., and authorization for the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote 2. Request for Qualifications (RFQ) No. 22-015, St. Lucie County Correctional Facility Medical Wing Expansion Study - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of the short-listed firms for RFQ No. 22-015 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 3. Request for Proposal (RFP) No. 22-017 — Billboard Advertising Staff recommended Board approval to negotiate and award RFP No. 22-017 to OUTFRONT Media and authorization for the Chairman to sign documents as prepared by the County Attorney. Adopted by Consent Vote 4. Request for Proposal (RFP) No. 21-072, Next Generation Core Services, Emergency Protocol Network & Call Handling Equipment Staff recommended Board approval of the highest -ranked proposer, Motorola Solutions, for RFP No. 21-072 and permission to: • Conduct contract negotiations with the highest -ranked proposer, Motorola Solutions 10 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM • If negotiations are successful, award contract to the highest -ranked proposer and authorization for the Chairman to sign the documents as prepared by the County Attorney Adopted by Consent Vote 5. F.Y. 22 Budget Resolution Recognizing Unanticipated Revenue *RES-2022-32 was assigned post -meeting. Staff recommended approval of this agenda item to recognize the funds to amend the budget by $ 5,117, 801.00. Adopted by Consent Vote H. PARKS & RECREATION 1. WPSL Christmas Kids of St. Lucie County Donation Acceptance of $6,875.00 Staff recommended Board acceptance of the WPSL Christmas Kids donation in the amount of $6,875.00 to be utilized to provide American Red Cross Water Safety Lessons at the St. Lucie County Aquatic Facilities as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Sunshine Laundry Donation Acceptance in the amount of $2,500.00 Adopted by Consent Vote 3. Clover Park Stadium Seat Replacement - $91,134.03 Staff recommended Board approval to purchase all seats and hardware from Irwin Seating Company and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote I. PUBLIC UTILITIES 1. Bid Waiver and Sole Source Determination F.Y. 21-22 Staff recommended Board approval of the bid waiver and sole source determination for the purchase of parts, services, and supplies for the maintenance and operation of the Utilities Division water and wastewater treatment facilities from: Green Equipment Company, SCADA Solutions, and TriNova, Inc., and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote 2. Approval of Payment Arrangement Letter and Payment Arrangement Contract for Delinquent Utility 111 Pag BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Customers Staff recommended Board approval of this payment arrangement letter and payment arrangement contract as well as approval to proceed with reinstating prior policies for past due and delinquent Utilities customer accounts. Adopted by Consent Vote J. PUBLIC WORKS 1. Award Bid No. 22-002 Canal and Ditch Cleaning and Grinding to Aquatic Control Group, Inc. for mechanical cleaning, grinding, and removal of vegetation from County maintained canals and ditches. Staff recommended Board approval for the award of Bid No. 22-002 for Canal and Ditch Cleaning and Grinding, to the lowest responsive bidder, Aquatic Control Group, Inc., Miami, Florida, and authorization of the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote Award of the RFQ 21-052 contract for Jenkins Road Extension from Midway Road to Glades Cut Off Road Design and Permitting to Inwood Consulting Engineers Staff recommended Board approval to award the contract to Inwood Consulting Engineers in the amount of $1,461,287.38 and establish the project budget for the Jenkins Road Extension project, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Approval of seventh Amendment to Contract C18-07-466 for Aquatic Vegetation Control, Inc. in the amount of $48,390.00. Staff recommended board approval of the Seventh Amendment to Contract C18-07-466, Aquatic Vegetation Control, in the amount of $48,390.00, to add the Melville Phase I ponds to the Aquatic Vegetation Control's spraying contract and to allow the Chair to sign all documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. ADMINISTRATION 1. Approve the St. Lucie County Impact Fee Study 2022 Update Related to Library Impact Fees and Adopt Ordinance 2022-05 Adopting a Revised Library Impact Fee Schedule. John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The 12 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM County must collect library impact fees to provide county libraries that adequately serve the needs of all county residents, including residents of the cities. Development within the cities impacts the capital public library needs of the County. Impact fees are one-time fees assessed for new residential and non-residential construction. Also, it ensures growth and development pay for their impacts and does not shift the burden to the existing taxpayers. Florida Statutes Impact Fee Act Section 163.31801, the calculation must be based on the most recent and localized data. Ensure that the impact fee is proportional and reasonably connected to or has a rational nexus with the expenditure of the funds collected and the benefits accruing to the new residential or non- residential construction. PFM Consulting Group prepared a St. Lucie County Impact Fee Study 2022 Update evaluating and updating Library, Parks, Public Buildings, and Law Enforcement Impact Fees and proposed new Impact Fee Schedules. In 2021, legislation established the requirements and limitations that a local government might increase an impact fee that is not to exceed 50% of the current impact fee rate and not more than once every four (4) years. Increasing the current impact fee rate of not more than 25% must be implemented in two (2) equal annual increments. An increase that exceeds 25% but not more than 50% of the current rate must be implemented in four (4) equal annual installments. Increasing an impact fee by over 50% within four (4) years requires the local government to demonstrate extraordinary circumstances and existing necessity. St. Lucie County 2022, Impact Fee Study update details the incremental phased increase over four years, except for one land use category (Other Residential) proposed to decrease upon adoption and implementation. A 90-day notice will be provided for any increases after adopting the Ordinance on October 1, 2022, for the Fiscal Year 2023, and the effective date of June 1, 2022, for any impact fee decreases. The Planning & Zoning Commission recommended (8-1) for the Board to adopt the Impact Fee at a rate less than the Maximum Allowable (50%) amount and tie it to a price index, such as the Consumer Price Index (CPI). • Construction Cost Index: 23.36% increase since February 2017 • Municipal Cost Index: 22.28% increase since February 2017 • New Single Family -Houses Sold Price Index (South Region): 27.14% The Citizen Budget Committee (12-0) adopted a resolution supporting the Board in maximizing the impact fees to the extent allowable by Law. The President's Council of Hutchinson Island also sent a letter of support for increasing the County Impact Fees to the maximum allowable by Law. The following respective Library Impact Fee Schedule is proposed to be adopted: Single Family Increase Max. Allowable 43.4%: $119.89 Phased -In over four (4) years. Yearly increase: $29.98 This is the second and final reading of the Ordinance to adopt the proposed Library Impact Fee Schedule statutory increased limit of up to 50% phased in over four years. Staff recommended the Board approve St. Lucie County Impact Fee Study 2022 Update and, related thereto, adopt all data sources used as the most recent, local data available as of the date of the report. Additionally, 131Page BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM adopt Ordinance 2022-05, adopting the Library Impact Fee Schedule, which includes an impact fee rate increase up to the Maximum Allowable increase (50%) and, for certain land use categories, a decrease in the impact fee rate. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve statt recommendation, and upon roll call, it passed (4)-(1). RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: Cathy Townsend EXCUSED: None 2. Approve the St. Lucie County Impact Fee Study 2022 Update Related to Public Buildings Impact Fees and Adopt Ordinance 2022-06 Adopting a Revised Public Buildings Impact Fee Schedule John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The County has the power to provide and maintain county buildings, including, but not limited to, being the sole provider of the County jail and courthouses. The County must collect public buildings impact fees within the incorporated and unincorporated areas of the County to provide county buildings that adequately serve the needs of all county residents, including residents of the cities. Development within the cities impacts the capital public building needs of the County. The County adopted a Public Buildings Impact Fee in 1996 to address the impact of growth and demand on public buildings and ensure new developments bear a proportionate share of the cost of capital expenditures necessary to provide public buildings in the County. St. Lucie County engaged PFM Group Consulting, LLC to review and update its impact fees for Library, Parks and Recreation, Public Buildings, and Law Enforcement and prepared the County Impact Fee Study 2022 Update. As noted in the Impact Fee Study 2022 Update, St. Lucie County provides services to all residents, including county management, jail, the court system, emergency operations center, economic development, etc. Moreover, these services are housed in public buildings throughout the County and are provided for all County permanent residents, seasonal residents, workers, and visitors. Impact fees represent an essential revenue source assessed to fund the capital construction and expansion of public buildings and facilities, not included in other impact fee categories required to support the additional demand generated by new residential and non-residential growth. Central to the impact fee discussion is that existing taxpayers should not bear the costs of the impact of new developments. A local government may not increase its current impact fee by more than 50% unless the local government demonstrates extraordinary circumstances exist necessitating an increase beyond the maximum increase of 50%. Additionally, depending on the percent increase, a 14 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM local government must phase -in the increase over a two (2) to four (4) year period in equal installments. A 90-day notice will be provided for any increases after adopting the Ordinance on October 1, 2022, for the Fiscal Year 2023, and the effective date of June 1, 2022, for any impact fee decreases. The following respective Public Buildings Ordinance is proposed to be adopted: Single Family —Total Increase: $182.50 Phased -In over four (4) years. Yearly increase: $45.63 The Planning & Zoning Commission recommended (5-4) that the Board adopt the Public Buildings Impact Fee Rate at the Maximum Allowable (50%) amount. The Citizen Budget Committee (12-0) adopted a resolution supporting the Board in maximizing the impact fees to the extent allowable by Law. The President's Council of Hutchinson Island sent a letter of support for increasing the County Impact Fees to the maximum allowable by Law. This is the second and final reading of the Ordinance to adopt the proposed Public Buildings Impact Fees Schedule, a statutory increase limit of up to 50% phased in over four years. Staff recommended approving St. Lucie County Impact Fee Study 2022 Update and related thereto, adopting all data sources used as the most recent, local data available as of the date of the report. Additionally, adopt Ordinance 2022-06, adopting the Public Buildings Impact Fee Schedule, which includes an impact fee rate increase up to the Maximum Allowable increase (50%) and, for certain land use categories, a decrease in the impact fee rate. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve statt recommendation, and upon roll call, it passed (4)-(1). RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: Cathy Townsend EXCUSED: None 3. Approve the St. Lucie County Impact Fee Study 2022 Update Related to Law Enforcement Impact Fees and Adopt Ordinance 2022-07 Adopting the Revised Law Enforcement Impact Fee Schedule John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The County provides County -wide law enforcement, court security, and correctional security. The County must also collect law enforcement impact fees to provide the Sheriff's Department with funds to adequately provide law enforcement services for all County residents, including residents of the Cities. The developments within the Cities impact the Sheriff's Department's capital needs. The County adopted a Law Enforcement Impact Fee In 2004 to address the impact of growth and 15 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM demand on the Sheriff's department. St. Lucie County engaged PFM Group Consulting, LLC to review and update its impact fees for Library, Parks and Recreation, Public Buildings, and Law Enforcement. They prepared St. Lucie County Impact Fee Study 2022 Update. As noted in the Impact Fee Study 2022 Update, impact fees represent an essential revenue source assessed to fund the capital construction and expansion of Law enforcement -related facilities, land, and the capital equipment required to support the additional demand generated by new residential and non-residential growth. Central to the impact fee discussion is that existing taxpayers should not bear the costs of the impact of new development. A local government may not increase its current impact fee by more than 50% unless the local government demonstrates extraordinary circumstances exist necessitating an increase beyond the maximum increase of 50%. Additionally, depending on the percent increase, a local government must phase -in the increase over a two (2) to four (4) year period in equal installments. A 90-day notice will be provided for any increases after adopting the Ordinance on October 1, 2022, for the Fiscal Year 2023, and the effective date of June 1, 2022, for any impact fee decreases. The following respective Law Enforcement Impact Fee Ordinance is proposed to be adopted: Single Family —Total Increase: $123.00 Phased -In over four (4) years. Yearly increase: $30.75 The Planning & Zoning Commission recommended (6-3) that the Board adopt the Law Enforcement Impact Fee Rate at the Maximum Allowable amount (50% increase). The Citizen Budget Committee (12-0) adopted a resolution supporting the Board in maximizing the impact fees to the extent allowable by Law. The President's Council of Hutchinson Island submitted a letter of support for increasing the County Impact Fees to the maximum allowable by Law. This is the second and final reading of the Ordinance to adopt the proposed Law Enforcement Fees Schedule, a statutory increase limit of up to 50% phased in over four years. Staff recommended the approval of the St. Lucie County Impact Fee Study 2022 Update and, related thereto, adopt all data sources used as the most recent, local data available as of the date of the report. Additionally, adopt Ordinance 2022-07, adopting the Law Enforcement Impact Fee Schedule, which includes an impact fee rate increase up to the Maximum Allowable Increase (50%) and, for certain land use categories, a decrease in the impact fee rate. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendation, and upon roll call, it passed (4)-(1). RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz 16 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: Cathy Townsend EXCUSED: None 4. Approve the St. Lucie County Impact Fee Study 2022 Update Related to Parks Impact Fees and Adopt Ordinance 2022-08 Adopting a Revised Parks Impact Fee Schedule. John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The County provides parks in the incorporated and unincorporated areas, and the developments within the cities impact the capital parks needs of the County. The County must collect parks impact fees within the incorporated and unincorporated areas of the County to provide county parks that adequately serve the needs of all county residents, including residents of the cities. The County adopted a Parks Impact Fee in 1996 to address the impact of growth and demand on the county parks system. St. Lucie County engaged PFM Group Consulting, LLC to review and update its impact fees for Library, Parks and Recreation, Public Buildings, and Law Enforcement. They prepared the attached St. Lucie County Impact Fee Study 2022 Update. The Impact Fee Study 2022 Update represents an essential revenue source assessed to fund the capital construction and expansion of parks and recreation -related land, facilities, and capital equipment required to support the additional demand generated by new residential growth and visitors of St. Lucie County. Central to the impact fee discussion is that existing taxpayers should not bear the costs of the impact of new development. Currently, the County has two (2) impact fee districts for parks impact fees. The County is seeking to increase these districts to four (4) impact fee districts to accommodate the growth patterns of both the population and municipal boundaries. These additional districts will further ensure that the impact fees collected are spent in the area most proximate to the new development. A local government may not increase its current impact fee by more than 50% unless the local government demonstrates extraordinary circumstances exist necessitating an increase beyond the maximum increase of 50%. Additionally, depending on the percent increase, a local government must phase -in the increase over a two (2) to four (4) year period in equal installments —St. Lucie County Impact Fee Study 2022 Update details the incremental phased increase over four years. Except for one land use category (Other Residential), it is proposed to decrease upon adoption and implementation. A 90-day notice will be provided for any increases after adopting the Ordinance on October 1, 2022, for the Fiscal Year 2023, and the effective date of June 1, 2022, for any impact fee decreases. The Planning & Zoning Commission recommended (9-0) for the Board to adopt the Parks Impact Fee rate less than the Maximum Allowable (50%) amount and tie it to a price index, such as the Consumer Price Index (CPI). • Construction Cost Index: 23.36% increase since February 2017 • Municipal Cost Index: 22.28% increase since February 2017 • New Single Family -Houses Sold Price Index (South Region): 27.14% 171Page BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM The Citizen Budget Committee (12-0) adopted a resolution supporting the Board in maximizing the impact fees to the extent allowable by Law. The President's Council of Hutchinson Island submitted a letter of support for increasing the County Impact Fees to the maximum allowable by Law. The following respective Parks Impact Fees Schedule proposed to be adopted: Single Family Increase Max. Allowable 50%: $853.50 Phased -In over four (4) years. Yearly increase: $213.40 This is the second and final reading of the Ordinance to adopt the proposed Parks Impact Fees Schedule, a statutory increase limit of up to 50% phased in over four years. Staff recommended the approval of the St. Lucie County Impact Fee Study 2022 Update and related thereto, adopt all data sources used as the most recent, local data available as of the date of the report. Additionally, adopt Ordinance 2022-08, adopting the Parks Impact Fee Schedule, which includes an impact fee rate increase up to the Maximum Allowable Increase (50%) and, for certain land use categories, a decrease in the impact fee rate. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. H IIIUUUII VVdJ IIIaUc LU CIPPI UV -JLCIII I ULU I III I ICI I UCIL I U I I, CI I UPUII I U I I LCIII, IL PCIJ.-JcU RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: Cathy Townsend EXCUSED: None 5. Approve the St. Lucie County Road Impact Fee Study Update and Adopt Ordinance 2022-09 Adopting a Revised Road Impact Fees Schedule John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The County is charged with the responsibility and control over all arterial, collector, and other roads, bridges, tunnels, and related facilities within the county road system, in both unincorporated and incorporated areas. All collector roads in the unincorporated areas of a county and extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. The County is updating its Road Impact Fee Study in response to legislative changes enacted in 2019, 2020, and 2021. The County is updating its Road Impact Fee Study in response to legislative changes enacted in 2019, 2020, and 2021 and considering the City of Port St. Lucie terminating the Road Impact Fee Interlocal Agreement (ILA) between the County and City effective October 1, 2021. The former ILA provided the City of Port St. Lucie a credit for its City determined and imposed a Road Impact Fee 18 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM of up to 50% of the County's Road Impact Fee. With the exclusion of the City roads and focusing on the County and regional road network, the calculated County Road Impact Fee for development in Port St. Lucie will decrease. In reviewing the independent Tindale Oliver/Benesch Study Update, the County engaged S&ME to independently review the methodology and analyze the travel demand utilizing the recently released version of the Treasure Coast Regional Planning Model (version 5). S&ME also explored other methods to extract the Vehicle Miles Traveled (VMT) on the county roads. S&ME matched the County's resulting Vehicle Miles Traveled (VMT) calculations with the outputs for County, State, and City roadway links within St. Lucie County exactly or within a slight variation. They determined the methodology used by Tindale Oliver/Benesch to be reasonable and standard professional practice. Moreover, they explored other methods related to Vehicle Miles Traveled (VMT) without differing results. S&ME determined that the methodology and process are correct, valid, and can be duplicated. As part of the update, based on concerns expressed by the City of Port St. Lucie, the Board staff and consultants evaluated the County's Road Impact Fee Benefit Zones. Currently, the County has four (4) Road Impact fee benefit zones: the Mainland, North Island, Ft. Pierce Island, and South Island. After evaluating the mainland, to ensure statutory compliance, the Road Impact Fee Study proposes five (5) Road Impact fee benefit zones, three (3) on the mainland and two (2) on the barrier island. The Tindale Oliver/Benesch's revised March 3, 2022, Road Impact Fee Study report is the Impact Fee Schedules, including the fully calculated amount and the maximum allowable impact fee increase of 50% over the current fee -based on legislative changes enacted in 2021. A local government may not increase its current impact fee by more than 50% unless the local government demonstrates extraordinary circumstances exist necessitating an increase beyond the maximum increase of 50%. Additionally, depending on the percent increase, a local government must phase -in the increase over a two (2) to four (4) year period in equal installments. The Tindale Oliver/Benesch Impact Fee Schedule includes a summary of calculated impact fee rates for unincorporated St. Lucie County and the cities of Port St. Lucie and Fort Pierce based on the vehicle miles traveled on the regional road system attributable to each jurisdiction as well as specific calculated Road Impact Fee Schedules for each jurisdiction. The proposed Ordinance for Roads Impact Fee Schedule is to be implemented at a 75% or 25% discount to the maximum allowable rate: Recommended Recommended Road Impact Fee -Unincorporated Areas: Single Family Total (Max. Allowable increase (with 25% Discount): $641.00 12.5 % increase over four (4) years Phased -In Yearly increase: $160.25 Koaa impact ree Fort bt. Lucie: Single Family Impact (<2,400 SFR) Current Adopted Rate: $5,130 Discounted Rate: $2,060.00 ($3,070.00 Decrease) 19 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Recommender Recommem l Road Impact Fee Fort Pierce: Single Family Total (Max. Allowable increase (with 25% Discount): $411.00 Phased -In over four (4) years Yearly increase: $102.75 led Road Impact Fee Island Districts: Single Family Impact (<2,400 SFR) Phased -In over four (4) years Max. Reduced 75% North Island: $4,604 Fort Pierce Island: $5,324 South Island: S4,982 The Financial Analysis Annual Road Impact Fee Revenues and Expenses County (10-year Capital Plan for Road Impact Fee Projects) starts with the Road Impact fee fund balance within the reserves of $46.8 million. These expenses do not include the nearly $211 million projected out - year costs. Based on a Single -Family 2,400 square foot development scenario and the 3-year permitting trend. The 3-year road impact fee revenues are 85% of the City of Port St. Lucie, 11% Unincorporated, and the 4% City of Fort Pierce. The analysis reflects a gradual reduction of permit activity. Also, it will assume that the amount of impact fee credits used will be in similar proportion to the currently occurring paid impact fees. The revenue for the fiscal year 2023-2026 is projected, and the fiscal year 2027-2031 is projected at a Maximum Allowable Increase (50%). 2027 will be the eligible year to implement a new road impact fee rate if the studies are completed in advance. The scheduled implementation effective date is October 1, 2022, for the Fiscal Year 2023, and June 1, 2022, for decreases. The Planning & Zoning Commission recommended (5-4) for the Board to adopt the Roads Impact Fee rate at 75% of the Maximum Allowable (50%) amount. The Citizen Budget Committee (12-0) adopted a resolution supporting the Board in maximizing the impact fees to the extent allowable by Law. The President's Council of Hutchinson Island submitted a letter of support for increasing the County Impact Fees to the maximum allowable by Law. Staff recommended the approval of the St. Lucie County Road Impact Fee Study and, related thereto, adopt all data sources used as the most recent local data available as of the date of the report. Additionally, adopt Ordinance 2022-09, adopting the Road Impact Fee Schedule, which includes an impact fee rate increase of up to 75% of the Maximum Allowable Increase and, for certain land use categories, a decrease in the impact fee rate. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Harvey Alligood • Charles Grandy With no one else wishing to address the Board, Chair Mitchell closed the public hearing. 20 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM A motion was made to approve statt recommendation, and upon roll call, it passed (4)-(1). RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz NAYS: Cathy Townsend EXCUSED: None 6.Ordinance 2022-10 amending Chapter 24, Article I. (In General), of the St.Lucie County Code, Adopting Sections Related to General Definitions; General Legislative Findings; Impact Fee Studies; Applicability; and Alternative Impact Fee John Titkanich, Innovation & Performance Division Director, presented this item to the Board. The proposed ordinance amendments of Chapter 24, Article I. (In General) of the St. Lucie County Code, adopt sections: • Section 24-2 is proposed to be created, providing General Definitions applicable to Chapter 24 (Impact Fees). • Section 24-3 is proposed to be created, declaring General Legislative Findings consistent with the Florida Constitution and Florida Statutes. • Section 24-4 is proposed to be created to adopt and incorporate by reference the Impact Fees Studies entitled "St. Lucie County Road Impact Fee Study," March 2022 by Tindale Oliver/Benesch and "St. Lucie County Impact Fee Study," 2022 Update by PFM, including the assumptions, conclusions, supporting data sources and findings. • Section 24-5 is proposed to be created to provide that Chapter 24 (Impact Fees) shall be applicable to new growth occurring in all unincorporated and incorporated areas of the County because the County provides the Capital Facilities supported by the Impact Fees to all residents, visitors and businesses in the County, including those within municipal limits and serving municipal residents and businesses. • Section 24-6 is proposed to be created and entitled Alternative Impact Fee. This section provides the process, standards, and requirements for an applicant to file an Alternative Impact Fee Study. This section would apply when an applicant believes that the impact to Capital Facilities caused by new construction is less than the impact established in an Impact Fee Study and the Impact Fees imposed. This is the second and final reading to adopt the Ordinance Amending Chapter 24 of the St Lucie County Code. Staff recommended the Board adopt Ordinance 2022-10 Amending Chapter 24, Article I. (In General), of the St.Lucie County Code, adopting sections related to General Definitions; General Legislative Findings; Impact Fee Studies; Applicability; and Alternative Impact Fee. 211 Page BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve statt recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. COUNTY ATTORNEY 1. Public Hearing Ordinance - Stormwater Culvert Assessment Program Daniel McIntyre, County Attorney, presented this item to the Board. On February 23, 2021, the Board adopted Ordinance No. 21-004, which created a culvert assessment ordinance. The Culvert Assessment Ordinance established a program under which eligible property owners can apply for funding to improve or repair culverts. They must then repay such funding by imposing a non -ad valorem special assessment against the improved property, collected in installments annually under the uniform collection method outlined in Florida Statutes 197.3632. Several property owners have applied for and received funding to improve or repair culverts. The county staff responsible for administering the program has recommended various amendments to the Culvert Assessment Ordinance to streamline and refine the culvert assessment process and promote efficient administration for the benefit of the County and property owners who choose to participate in the program. Notice of the public hearing was published in the St. Lucie News Tribune on April 7, 2022. Staff recommended that the Board adopt the draft ordinance and authorize the Chair to sign the Ordinance. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 22 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM C. PUBLIC WORKS 1. Culvert 2022-02 MSBU - Assessment Resolution Barbara Guettler, MSBU Coordinator, presented this item to the Board. Stormwater culverts direct and channel stormwater flow under driveways, roads, sidewalks, and other obstructions and are an integral component of stormwater management. Culverts fail over time due to maintenance, environmental, or installation issues. Culvert failure can lead to localized flooding, which may impede safe conditions of ingress and egress for owners and residents of property in the affected area and the traveling public, visitors, emergency responders, and other public service providers. Some culvert owners may lack the resources to pay for improvements and repairs. In February 2021, the Board established a voluntary program, with Ordinance 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts. Then repay this funding by imposing a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. Resolution No. 2022-73 is an assessment required by County's Ordinance 21- 004. The purpose of the resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the Culvert 2022-02 MSBU. To determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, approve the assessment roll, and provide an effective date. Staff recommended Board approval of Resolution No. 2022-73, the Culvert 2022-02 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. ri IIIULIUII VVdJ IIIdUC LU CIPPI UVC JLdll I CL,UI I II I ICI IUdLIUI IJ, dI IU IL PCIJJCU UI ICII III I IUUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Resolution - District 19 Medical Examiner New Facility 231Page BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM *RES-2022-85 was added post -meeting. Nicole Fogarty, Legislative Affairs Director, presented this item to the Board. On March 24, 2022, Medical Examiner's Task Force meeting, it was requested for each County under the 19th Judicial Circuit to discuss and pass a resolution. Including Martin, St. Lucie, Indian River, and Okeechobee Counties. Supporting an interlocal agreement to begin the design and construction process for the new facility of the Medical Examiner. The Medical Examiner for District 19 has declared a need for a new facility to complete her statutory duties correctly. Providing that autopsy and laboratory facilities utilized by the district medical examiner or their associates may be provided on a permanent or contractual basis by the counties within the district. The Advisory Task Force has reviewed and supports the Medical Examiner's request for a new facility. St. Lucie County is willing to serve as the contract manager in the procurement process leading to the design and construction of a new medical examiner facility upon request of the other District 19 Counties. Currently, the Counties within the 19th District use a funding formula when allocating funds to the operations of the Medical Examiner's Office. The Task Force has proposed this same formula to be used as guidance for determining the financial responsibility of each County. Below is the 2021 breakdown per County: Saint Lucie 46.11% County Martin County 22.42% Indian River 24.36% County Okeechobee 7.11% County Staff recommended the Board's approval of the resolution and instructed Staff to execute those items within the resolution and develop a business plan which will include a financial plan for the County's portion of the project for the Fiscal Year 2022-2023. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. COUNTY ATTORNEY 24 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM 1.Opioid Litigation - Proposed Settlements with CVS Health Corporation and CVS Pharmacy, Inc. ("CVS"), Teva Pharmaceutical Industries Ltd. ("Teva"), and Allergan Finance, LLC ("Allergan") Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County has filed suit against various companies, including the Distributors and Settling Defendants referenced above in what has been referred to as the National Prescription Opiate Litigation. On April 11, 2022, the County Attorney received an email from the firm representing the County in Litigation. The email indicated there are Participation Agreements that the firm recommends that the Board approve as soon as possible in April. The statewide allocation settlement agreement funds will flow into the state and then be allocated between the state and its local governments. The County previously passed a resolution that approved a Memorandum of Understanding (MOU) with the state to fairly apportion settlement funds between the state and its local governments. The Memorandum of Understanding (MOU) would be reduced to a formal agreement. By executing the Participation Agreements as discussed, the County accepts the terms of the agreements. The County's litigation team believes that the proposed settlements represent a fair and equitable resolution of opioid-related claims against CVS, Teva, and Allergan for the reasons stated in the submitted email. The total is $813,026,499, with $484 million from CVS over 18 years and $329,026,499 from Teva/Allergan to be paid over 11 years. The proposed settlements also include approximately $84 million worth of products to combat the opioid crisis: Narcan. These settlement funds will be allocated between the state and local subdivisions according to the existing statewide allocation agreement Memorandum of Understanding (MOU), using the same allocation model applied to prior settlements. The State of Florida was allocated approximately $1.6 billion from the historic Big Three Distributor and J&J settlements. Thus, these proposed settlements increase Florida local governments' potential recovery to combat the opioid crisis by just over 50%. Staff recommended that the Board approve the proposed participation agreements for CVS, Teva, and Allergan and authorize the Chair and County Attorney to cosign the agreements. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Proposed Interlocal Agreement with the City of Port St. Lucie Re: Road Impact Fees - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. The County adopted a Roads Impact Fee Ordinance initially effective on February 1, 1986, and was set out in Chapter 24, Article VIII of the St. Lucie County Code. The roads impact fee is effected and collected within the entire County, including, by interlocal agreement, areas within the boundaries of all incorporated 25 1 BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM municipalities of the County. The County retained Tindale Oliver to update the County's Roads Impact Fee. The updated study proposes the creation of three (3) mainland benefit districts and a revised road impact fee schedule in the Interlocal Agreement that excludes City roads from the fee calculation. It further proposes additional discounts that would substantially reduce the amount of County Road Impact Fees paid by a new development occurring within the City. In recognition of the discounts applied for economic development purposes, if any deficits are determined to exist, the County will make up those deficits through other available revenue sources. The results of the proposed study by Tindale Oliver with recommended discounts have been incorporated into a drafted Roads Impact Fee ordinance scheduled for consideration and adoption. On July 26, 2021, the City adopted Resolution 21-1193, initiating Chapter 164, Florida Statutes, Conflict Resolution proceedings between the City and the County regarding the City's Mobility Fee and the County's Road impact fees. The City adopted a Mobility Fee Ordinance effective October 5, 2021, including collecting fees for improvements to County roads without the County's consent. The City and the County have agreed to settle the disputes concerning County Road Impact Fees and City Mobility Fees through Chapter 164 Conflict Resolution Process in an Interlocal Settlement Agreement. A summary of the proposed interlocal agreement follows: • The City would remit to the County 15% of all funds collected by the City pursuant to the City Mobility Fee from October 5, 2021, through May 31, 2022. The County would agree not to attempt to collect road impact fees within the City during the same period. • Effective June 1, 2022, the City will collect the County's roads impact fee set out within the Interlocal Agreement. • Beginning June 1, 2022, the City will reduce the amount of the Mobility Fee they collect by 15%. • The County agrees to use Road Impact Fees collected by the City and remitted to the County as follows: (i). Future Revenues: Expend or encumber Impact Fee and Mobility Fee funds collected by the City and remitted to the County within five (5) years from the date collected to design, engineer, or construct part or all of the road improvement project, including the payment of any debt services which are for the following roads: * Midway Road * Rangeline Road * Prima Vista Boulevard * Walton Road * Glades Cutoff Road * St. James - South 25th Street * Selvitz Road * Leonard Road * Jenkins Road from Midway Road north to the south right of way line of Edwards Road Arterial A from Midway Road to the south right of way line of Okeechobee Road. (ii). Reserves: Within five (5) years from the Effective Date, the County further agrees to expend or encumber on the roads listed above those Impact Fees which were previously collected by the City and which are currently held in the County's Impact Fee account, which total approximately $32 million dollars at the effective date of this agreement. The County agrees that the improvement of 261Page BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Midway Road will be a priority for the County. City staff presented the drafted Interlocal Agreement to the City Council on April 18, 2022, with a recommendation of approval. The County staff recommended that the Board approve the draft interlocal agreement and authorize the Chair to sign the agreement as reviewed and approved by the County Attorney. /1 IIIULIUII Wdb MdUlf- LU df. p[L)VC JLdll fCL.UI11111CIIlddLIUIIJ, d[IU IL Pdbbt:fU I, lld[11111L)Ubly. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 11:22 AM - Recess taken 11:37 AM - Meeting reconvened C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director Mayte Santamaria, 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 in March. • Chemical Technology Holding Company (ChemTech): Minor Adjustment to a Major Site Plan • Kenworth Environment Drive: Major Adjustment to a 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. St. Lucie County will hold the 18th Annual Earth Day Festival on Saturday, April 23, 2022, from 10 AM - 5 PM at the Oxbow Eco-Center located at 5400 NE St. James Drive, PSL. Don't miss Live Music, Interactive Exhibits, Food, Art, Kid's Activities, Eco-Challenge, and more. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, May 3, 2022, at 6 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort 27 1 P a g BOCC Regular Meeting Tuesday, April 19, 2022 9:00 AM Pierce, FL. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, May 10, 2022, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, May 17, 2022, 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 11:49 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. is