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Minutes 11.01.2022
91rc LUCE L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting November 1, 2022 Convened: 6:00 PM Adjourned: 8:19 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Sean Mitchell, District No. 2. Present Commissioner Sean Mitchell District 2, Commissioner Frannie Hutchinson District 4, Commissioner Chris Dzadovsky District 1, Commissioner Cathy Townsend District 5 Excused Commissioner Linda Bartz District 3 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Thomas Epsky, HR & Risk Management Director Alphonso Jefferson, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III JoAnn Riley, Property Acquisition Manager Jere Earlywine, KE Law Group, PLLC Pete Tesch, Economic Development Council President Irene Szedlmayer, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Planning Manager Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM • Diane Goldberg addressed the Board regarding purchasing electric vehicles to assist with climate resilience. • Monica Daily addressed and thanked the Board for all the hard work within the community. • Ivan Somers addressed the Board on behalf of the PGA Village Property Association regarding the resolution of road maintenance and improvements on Commerce Centre Drive. 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 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz A. Board of County Commissioners minutes for the BOCC Informal Meeting of October 11, 2022. B. Board of County Commissioners minutes for the BOCC Regular Meeting of October 18, 2022. 6. PROCLAMATIONS APPROVAL A. Resolution 22-203 - Proclaiming the Month of November 2022 as "Native American Heritage 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 Indian Heritage Association Inc." First Vice -President Larry Wooley, Second Vice -President Kristen Gallant, and President Richard Gallant thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz B. Resolution No. 22-196 - Proclaiming the Month of November 2022 as "Prematurity Awareness Month" and November 17, 2022, as "World Prematurity Day" in St. Lucie County, Florida 2 1 P a g e BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM The deputy clerk did not read the proclamation into the record. Chair Sean Mitchell read the title onto the record for approval only. The proclamation will be mailed to the recipient. A motion was made to adopt the ICJUIULIUII, dllU IL Pcl JJCU U IId11111IUUJ1y. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz C. Resolution No. 22-199 - Honoring the Contributions of Current and Former Members of the United States Armed Services by Recognizing November 11, 2022, as "Veterans 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 County Veterans Service Manager, Jose Lappeian, ana veteran vvayne i eegarain, wno tnanKea the tsoara ana acceptea the proclamation. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz D. Resolution No. 2022-213 - Proclaiming the Month of November 2022 as "St. Lucie County Conservation Alliance Month" and recognizing the 50th Anniversary of the St. Lucie County Conservation Alliance in St. Lucie County, Florida - ADD ON 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 "Conservation Alliance" Director LAW[ICE VI d1IUC dllU CI CJIUCIIL Jlldll HIIKCI, WIIU LIId1IKCU LIIC DUd1U dllU dL,L,C PLCU LIIC PlUL.IdIIId LIUII. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz E. Resolution No. 2022-215 - Proclaiming the Month of November 2022 as "Hospice and Palliative Care Month " and commend the Treasure Coast Hospice Team for their service in St. Lucie County, Florida - ADD ON 3 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM 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 "Treasure Coast Hospice" Community Outreach Craig Perry and President & Chief Executive Officer Jackie Kendrick, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz A. WARRANTS 1. Warrant Lists Old Year 54 - 55 / New Year 1 - 3 Adopted by Consent Vote B. ADMINISTRATION 1. Acceptance of American Rescue Plan Act - Local Assistance and Tribal Consistency Fund (LATCF) allocation in the amount of $100,000.00 - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board acceptance of the Local Assistance and Tribal Consistency Funds in the amount of $100,000.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Commissioner Townsend recommended upon the Board's approval to accept the grant funding to allocate the $100,000.00 towards the completion of the Ten Mile Creek Cleanout, American Rescue 4 1 P a g e BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Plan Act Stormwater Project. Upon consensus of the Board, County Attorney Dan McIntyre advised the item would be placed on the November 15, 2022, agenda for the formal vote of the Board's allocation preference. 2. Inclement Weather Funding Agreement County staff recommended approval of a funding agreement between the County and Image of Christ for an inclement weather shelter with a not to exceed amount of $57,562.50 over a three-year period and authorize the Chair to sign any required documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY 1. Resolution - Right -of -Way Donation - 5' on Favorite Road from Meyer Utility Structures, LLC - Parcel ID 0111I=7111Q1I111Q11111 ] Staff recommended the Board accept the special warranty deed from Meyer Utility Structures, LLC, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. Amended and Restated Revocable License Agreement - Reserve Boulevard Right -of -Way - Parcel ID 3327-213-0005-010-5 - PGA Village Property Owners' Association, Inc. The PGA Village Property Owners' Association, Inc. (POA) has requested an Amended and Restated Revocable License Agreement to be allowed to maintain the clocktower, a water feature, landscaping, the paver brick border, associated irrigation and plumbing, associated electrical components and lighting, the painting of the St. Lucie County galvanized steel signposts, and any signage associated with the PGA Village ("Improvements") in the roundabout and in the median of a County -owned right-of-way known as Reserve Boulevard. The POA understands all improvements in the roundabout and median shall conform with the sight distance requirements in the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (commonly known as the Florida Greenbook). On July 5, 2022, the Board of County Commissioners approved a Revocable License Agreement with PGA Village Property Owners' Association, Inc. County staff received correspondence from Jacob Ensor, Esq., the PGA Village Property Owners' Association, Inc. attorney, requesting modifications to the revocable license agreement. Attached is the amended and restated revocable license agreement for your review and approval. Engineering and Road & Bridge have reviewed the amended and restated revocable license agreement and have no objections. 5 1 P a g E BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Staff recommended the Board approve the amended and restated revocable license agreement, authorize the Chair to sign the agreement, and direct the PGA Village Property Owners' Association, Inc. pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Resolution No. 22-201- Adopting a New Impact Fees Administrative Procedures Manual Staff recommended that the Board approve Resolution No. 2022-201 and authorize the Chair to sign the Resolution. Adopted by Consent Vote 4. Resolution - Right -of -Way Donation - 5' on St. James Boulevard from St. James SS Associates, LLC - Parcel ID 2434-501-0019-000-3 Staff recommended the Board accept the warranty deed from St. James SS Associates, LLC, authorize the Chair to sign the resolution, and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 7105 Brookline Avenue - Lakewood Park - Unit 9 - Lakia Edwards - Parcel Ms. Edwards is requesting a Revocable License Agreement to install a 6' 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 11, Page 27. She understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence 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. Edwards pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Contract with Colin Baenziger & Associates for Recruitment Services for County Administrator Search Staff recommended that the Board approve the agreement with Colin Baenziger & Associates and authorize the Chair to sign the agreement as reviewed and approved by the County Attorney. 6 1 P a g e BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Adopted by Consent Vote 7. Blue Sky Landing - Parcel ID 2419-211-0004-000-8 - Fort Pierce Utilities Authority Easement Staff recommended the Board authorize the Chair to sign the Fort Pierce Utilities Authority Easement; subject to legal form and correctness; and direct staff to record the Easement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 8. Permission to Advertise - Ordinance Reauthorizing the Levy for the Local Option Fuel Tax Staff recommended that the Board grant permission to advertise a public hearing to be held on Tuesday, November 15, 2022, at 1:00 PM or as soon thereafter as the item may be heard. Adopted by Consent Vote D. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement — Bluefield Ranch Preserve The "Work Camper" program was established for St. Lucie County Environmentally Significant Lands (ESL's) program in 2002. This program provides a volunteer with a space and utility hook-up for their own recreational vehicle for use as a temporary residence in exchange for a minimum of twenty (20) hours of service each week. Staff recommended Board approval of work camper agreement with Daniel Hutchinson and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Commissioner Hutchinson pulled the item for a separate comment and clarified she had no relation to this item. E. FACILITIES 1. Transfer of Property - 2014 Ford Escape PR # 41-1357 to State Attorney Staff recommended Board approval for removal of fixed asset PR # 41-1357, 2014 Ford Escape from St. Lucie County Board of County Commissioners capital asset inventory and transfer to the State Attorney. Adopted by Consent Vote F. OFFICE OF MANAGEMENT & BUDGET 1. Request for Qualifications (RFQ) No. 22-065, Professional Engineering Services — Roadway and Intersection Design - Continuing Contracts 7 1 P a g E BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Staff recommends Board approval of the short-listed firms for RFQ No. 22-065 and permission to: • Conduct discussions/ presentations with the short-listed firms; • Conduct contract negotiations with successful short-listed firms; • 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 G. PARKS & RECREATION 1. Lakewood Park Regional Park Potable Water Connection 4th Amendment to Work Authorization No. 3 under contract C14-09-397 - $573,997.90 Staff recommended Board approval for the additional funding in the amount of $573,997.90 for these changes and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote H. PUBLIC UTILITIES 1. Bid No. 22-087 Vac -Con Truck & Jetting Services Staff recommended Board Approval to award RFP-22-087 to Cloud 9 Services and a secondary contract to Shenandoah General Construction. Adopted by Consent Vote 2. Award Work Authorization No. 20 - Emergency Compliance Assistance Staff recommended Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 20 under Contract C19-09-790 for professional engineering services for a combined not -to -exceed total cost of $200,000.00. Adopted by Consent Vote 3. Utilities Division Purchase of Vehicles Staff recommended the Board approve the proposed purchase of new vehicles and capital expenditure in the amount of $143,690.00. Adopted by Consent Vote A 1�J L:i� [��dl•] :� :F� 1. Approval of Amendment #3 to Contract #C19-11-1061 for the 19501 Keen Road Bridge over Taylor 8 1 P a g e BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Creek Replacement Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval of Amendment #3 to contract #C19-11-1061 in the amount of $91,824.07 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Approval of the Award of Bid No. 22-090 to Ferreira Construction for the 25th Street over 10-Mile Creek Bridge Repairs Phase 1 Project Staff recommended Board approval of the award of Bid No. 22-090 to Ferreira Construction in the amount of $647,127.56 and authorizes the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote J. SUPERVISOR OF ELECTIONS 1. Resolution 22-208 - A Resolution Temporarily Amending Resolution No. 22-103 By Temporarily Relocating the Polling Location of Precinct 82 to the Oxbow Eco-Center The Supervisor of Elections recommended the Board adopt Resolution No. 22-208 to temporarily relocate the voting place for Precinct 82 to the OxBow Eco-Center. Adopted by Consent Vote I,14111I:T_1,131111 1. Florida Department of Transportation (FDOT) - SFY23 Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Grant - The Federal Transit Administration (FTA) Non -Urbanized Area Formula Program (Section 49 U.S.C. § 5311) provides operating assistance to eligible recipients that operate/contract public transportation services for non -urbanized rural and small urban areas. The grant funds are provided to the state and then distributed by the Florida Department of Transportation (FDOT) and can be used for expenses covered under the 5311 program. Staff recommended Board acceptance of the authorizing resolution and the public transportation grant agreement for FY23 FTA 5311 CRRSAA grant (FM# 407185-3-84-01) and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 9 1 P a g e BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM 1. Request for an Order, Pursuant to Appendix A, Local Acts, Article VIII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to Demolish Unsafe Structure at 3315 Avenue A, Fort Pierce, St. Lucie County, FL - ATTACHMENT ADDED Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. On October 20, 2020, the Board granted and accepted the Certified Report of Inspection declaring 3315 Avenue A unsafe authorized staff to order title work and ordered a public hearing to discuss further action. On March 2, 2021, during the Board discussion, staff was encouraged to reach out to the Fire Department to distinguish the possibility of being able to burn the structure as a training exercise. The Fire Department declined, and the Board granted the order to demolish. On or about September 21, 2021, Estelle T. Cowdell, the owner at the time, conveyed the property to The Investment House, LLC, and they conveyed the property to Jean Murat Dantilus, paying $30,000.00 for the property. Mr. Dantilus was aware there was a recorded Order for Demolition of the property and advised he would like to renovate the property. On or about November 4, 2021, the staff spoke to Mr. Dantilus and explained it required a lot of work and would need to be brought into compliance. Staff prepared a draft stipulated agreement and presented it to the Board on March 1, 2022, to hold the Demolition Order in abeyance and authorize entering into the Agreement. Mr. Danitlus presented the plans with an engineer for the rehabilitation and modernization of the structure. Mr. Dantilus' responsibilities as the owner under the drafted stipulated agreement: • To obtain building permits no later than April 1, 2022. • 50% Completion no later than September 30, 2022. • 75% Completion no later than December 31, 2022. • Final Inspection and CO no later than March 1, 2023. • A one-time extension of 30 days due to supplier issues and a written request for extension is required with proof of supplier backorder. The staff has reviewed the plans and advised the Board they are substantially completed and, based on the stipulated agreement, a definite time frame for completion by Summer 2023. Mr. Danitlus agrees with the Board's Demolition Order if he doesn't comply within the allotted time frame. Staff is recommending the Board accept and authorize entering into the stipulated agreement and hold the Demolition Order in abeyance. 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. ai 1IIULIU11 Wd� 111dUC LU dpp[L)VC JLdII reLUnlnlellUdUUnJ, d[IU IL PdJSeU UndnlnlUUJly. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 10 1 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM 2.Ordinance No. 22-030 - Establishing the Solaeris Community Development District Daniel McIntyre, County Attorney, and Jere Earlywine of KE Law Group presented this item to the Board. The proposed Solaeris Community Development District submitted a petition to establish a residential development. The 2,174-acre project is located off Glades Cutoff Road. The proposed Oak Ridge development is near the Rangeline Road area south of Midway Road. There are also development proposals going through the process that has been presented to the Board. If the Ordinance is adopted, it will establish the community development district, and adequate disclosure will be a requirement. The primary intent of the $105.7 million CDD Project is to finance and construct significant master infrastructure improvements on Glades Cutoff Road, RangelineRoad, and Crosstown Parkway. The project will also have master stormwater improvements, utilities, hardscape, landscape, irrigation, etc., and will extend the existing County facilities for future use. The financial advantages of the CDD project are higher quality projects and competitive home prices, tax-exempt bonds and favorable rates spread overtime, and savings when refurbishing projects in 20+ years. The Community Development District, compared to the Home Owners Association, has a better maintenance entity and can collect on the tax roll with a secure revenue stream. The proposed CDD Ordinance will also have FEMA eligibility, emergency funding abilities, sovereign immunity protection, higher property values, transparency, and fewer complaints to the County compared to Home Owner Associations. The Community Development District has the advantage of default protection: • No debt can be a debt of the County. (Section 190.016, F.S. states: "A default on the bonds or obligations of a district shall not constitute a debt or obligation of a general-purpose local government or the state.) • The money is held in a Trust Estate held by a certified Trustee Bank. • The money can only be used through a strict requisition process. • In the event of default, the Trustee Bank holds the money, NOT the developer. • The money can be used to continue the project, keep the landscaping/amenity center maintained, and pay for foreclosure costs. The County can retain all powers, and the CDD will have limited authority and must comply with all applicable laws, including County ordinances, with no administrative cost by the County. The CDD assessment will not impact the County millage cap, and the debt of the CDD will not be disclosed on the County's financial statements. Residents of the Community Development District will benefit in many ways, including the option to prepay anytime without penalty. Access to a tax-exempt bond market when refurbishing improvements, enhanced projects, including enhanced amenities, entry features, landscaping, etc., and residents decide the project's level of service at an earlier stage. The transparency of the CDD will allow all sales contracts to be disclosed. All meetings and hearings will be advertised and posted, public procurement laws will be governed, and recordable public financial disclosure and annual audits will be required. The Community Development District establishment is consistent with the Comprehensive Plan, developed as one interrelated functional community based on size, compactness, and contiguity. The facilities will be compatible with existing community services and facilities and are the best alternative for delivering community development services and facilities. Staff recommended that the Board adopt Ordinance No. 22-030. 111 Page BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM 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. The Board discussed with the developer concerns regarding the maintenance of the County and Utility Districts, comparison of an HOA community and CDD community benefits entities, disclosure and transferring of property, tax -roll expectations for residents, full disclosure of sales contracts, and homestead filing. 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, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz Exchange Agreement between Willow Lakes, LLC, and St. Lucie County - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff and representative Lee Dobbins. Commissioner Linda Bartz - Spoke with staff and representative Lee Dobbins. Commissioner Chris Dzadovsky - Spoke with staff and representative Lee Dobbins. Commissioner Cathy Townsend - Spoke with staff and representative Lee Dobbins. Chair Sean Mitchell - Spoke with staff and representative Lee Dobbins. JoAnn Riley, Property Acquisition Manager, presented this item to the Board. The County received a proposed Exchange Agreement from Willow Lakes, LLC representative Lee Dobbins. It is proposed to exchange approximately 0.65 acres of right-of-way along Midway Road, owned by Willow Lakes, LLC, for approximately 3.31 acres of Gordy Road right-of-way, owned by St. Lucie County. The Board approved permission to advertise the public hearing in St. Lucie News Tribune, which has been extended and continued on multiple occasions: January 25, 2022, March 30, 2022, and April 6, 2022. County staff is suggesting the Board consider the exchange as it will benefit both parties. The County will obtain additional right-of-way along Midway Road that is needed to improve Midway Road. Willow Lakes will obtain a portion of Gordy Road abutting the Willow Lakes property that is needed for their development project. County staff and Willow Lakes, LLC has negotiated a proposed Exchange Agreement for Board consideration. The proposed exchange from a financial perspective determined by Callaway & Price, Inc. is as follows: County Contribution • Gordy Road Right -of -Way: 3.31 acres x $80,000 per acre = $265,000 (rounded) Willow Lakes, LLC Contribution • Midway Road Right -of -Way: .65 acres x $80,000 per acre = $52,000 (rounded) 121Page BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM If the Board approves the exchange agreement, Willow Lakes will pay the County $213,000 at closing to offset the difference in land values. The exchange agreement will provide a 60-day Feasibility Determination Period for each party to complete physical inspections, testing, and other necessary investigations to evaluate the exchange of properties. The closing date will be 60-days after the determination period. Staff recommended if the Board wishes to exchange property with Willow Lakes, authorize the Chair to sign the Exchange Agreement and Resolution No. 2022-197 and direct staff to record the documents in the public records of St. Lucie County, Florida. 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 111ULIU11 Wdb 111dUC LU df. P1UVC JldlI 1tLU111111C11Ud11U11J, d11U IL PdbbtU Ulld111111UUJ1y. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz B. PLANNING & DEVELOPMENT SERVICES 1. Proposed Comprehensive Plan Future Land Use Map Amendment for the KRE Mixed -Use (MXD) Future Land Use designation and Industrial, Commercial, and Residential Special Activity Areas Irene Szedlmayer, Planning & Development Services Senior Planner, and Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Under the public notice requirements of the St. Lucie County Land Development Code, an advertisement for the public hearing was placed in the St. Lucie Tribune on October 21, 2022. Notices were mailed to real property owners within 500 feet of the affected area, and two (2) notice signs were posted on the premises. The applicant also held a neighborhood meeting on October 19, 2022. KRE Group is seeking to amend the Comprehensive Plan Future Land Use Map regarding approximately 166.41 acres located south of Angle Road, east of Kings Highway, and west of Jenkins Road. The petition requests to change the future land use designation from Residential Urban and Industrial to Mixed Use Development with associated Specific Use Areas for Light -Industrial, Commercial, and High -Density Residential land use to be developed under a Planned Development. The 13-acre Commercial Specific Use Area at the northwest corner of the site will be permitted as a conventional commercial zoning district. The proposed future land use area designates 40-acres for Residential Development with up to 15 dwelling units per acre under a planned unit development, and 113-acres will be devoted to Light Industrial Development under a planned development proposal. The proposed amendment of the Future Land Use Map provides the capacity to support substantial employment opportunities within a short distance of hundreds of proposed dwelling units. They will improve the quality of life for the residents of those dwellings by reducing the time required to commute to work. The development made possible by the proposed Future Land Use Map amendment may also create collaborative educational opportunities such as internships, summer 13 1 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM employment, and field visits for and by students at the nearby public high school or visits to the classroom by nearby managers and employees. The Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing on October 20, 2022, and voted unanimously to pass a motion to recommend approval. If the Board determines to transmit the proposed amendment to the State Land Planning Agency, it will return to the Board for a second Public Hearing to consider the adoption of the amendment. Staff recommended the Board adopt a motion approving the transmittal of the proposed Future Land Use amendment to the State Land Planning Agency. Pete Tesch, President of the Economic Development Council, provided a brief overview regarding the KRE Group Project Tower. Mr. Tesch advised KRE group is proposing to the Board to develop an area between Kings Highway and Angle Road east of 1-95 into a thriving, Class -A commerce park for economic development in the Treasure Coast Region. The vacant land will substantially boost the tax base area and develop an employment corridor to create high -value and high -wage job opportunities within St. Lucie County targeted industry. The mixed -use development would include Commercial, Industrial, Residential, and the possibility of workforce housing. The project location will be in Fort Pierce for a slated development of over 220-acres and 2.8 million square feet of industrial space, creating 1,859 jobs with average wages of $30+ per hour / $62,000+ a year. The Board discussed the benefits of the inclusion of workforce housing within the proposed project development and the differences from affordable housing. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brad Currie (Agent) • Jeff Persky (KRE Group) With no one else 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 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 2. Land Development Code Text Amendment: Amending Section 4.12.00, the Jenkins Road Area Plan Special District, particularly Section 4.12.03. - Road and Trail System, Subsections A. & B. Kori Benton, Planning & Development Services Planning Manager, presented this item to the Board. Under the public notice requirements of the St. Lucie County Land Development Code, the item was duly noticed in the local newspaper. The Jenkins Road Area Plan Special District was adopted to guide future development 14 1 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM within a 1,700-acre area generally extending from Orange Avenue to Angle Road and west to Kings Highway. The petition seeks to amend St. Lucie County Land Development Code, Section 4.12.00, Jenkins Road Area Plan Special District, specifically modifying Map A within Section 4.12.03. - Road and Trail System, A. The required internal road system for the Jenkins Road Area Plan and amending Subsection B. to create provisions to allow the Board of County Commissioners to approve alternatives to the required road design cross -sections as part of a Planned Development. On February 6, 2007, the Board adopted the Jenkins Road overlay as a Traditional Neighborhood Design code in response to significant residential development pressure in the subject area. On January 6, 2015, the Board approved the Ordinance amending the Jenkins Road area plan special district. To eliminate land use and zoning district use regulations and associated design standards while adopting a specific road and trail system and typical street section design for future right-of-way improvements within the area. The proposed Plan is more straightforward than the adopted Plan and calls for fewer roadway segments. The proposed text amendment to the Land Development Code is specific to the Jenkins Road Area Plan Road and Trail System. It will result in development consistent with existing and proposed land uses in the area. The amendment accounts for existing and planned land uses and will provide an interconnected transportation network to support a mix of residential, industrial, commercial, and institutional uses. The road and trail network duals as right-of-way protection for the extension of utilities, multimodal principles, and open space links to support planned community development as the Kings Highway Jobs Corridor grows, the School District redevelops and potentially expands the Fort Pierce Westwood Academy campus, and the City of Fort Pierce annexes westward. No additional public facilities impacts are anticipated in conjunction with the proposed amendments. The road and trail system ensures right-of-way protection for an interconnected transportation network, extending water, wastewater, electric, gas, and fiber optic utilities. It provides streetscape standards to support connected open spaces with new development and redevelopment. The petition seeks to add the following provision for each typical roadway section established by LDC Section 4.12.03.B.1. Through B.6 within the Plan to provide for greater flexibility when evaluating and authorizing Planned Developments: "The Board of County Commissioners may authorize a modified roadway section as part of a Planned Development application after receiving the recommendation of the Development Review Committee. Any proposed modification shall consider the type and anticipated volume of vehicle, bicycle, and pedestrian movements as well as drainage and utilitv needs." The Planning & Zoning Commission, at their October 20, 2022 meeting, unanimously passed a motion to recommend approval. This petition conforms to the Standards of Review outlined in St. Lucie County Land Development Code Section 11.06.03. It is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Staff recommended the Board review the proposed Land Development Code Text Amendment and schedule the second reading of the proposed Ordinance 2022-031 at their November 15, 2022, Regular Meeting, to begin at 1 PM or shortly thereafter. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brad Currie (Agent) 15 1 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM With no one else wishing to address the Board, Chair Mitchell closed the public hearing. ri IIIULIUII VVdb IIIdUC LU dPPIUVU JLd11 ICL.UIIIIIICIIUdL1U11J, dllU IL f.1dJJCU UIId111111VUJly. RESULT: APPROVE 1ST READING MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Proposed Interlocal Agreement with the City of Port St. Lucie - Park Impact Fees - ATTACHMENT ADDED Daniel McIntyre, County Attorney, and Howard Tipton, County Administrator, presented this item to the Board. The County adopted a park impact fee ordinance in 1995, which is set out in Chapter 24, Article VI of the St. Lucie County Code. The park impact fee is effected and collected within the entire County, including, by interlocal agreement, areas within the boundaries of all incorporated municipalities of the County and City. Recently, the County has retained an expert, PFM Financial Advisors LLC, to update the County's Park Impact Fee. The study was approved on April 19, 2022, adopting County Ordinance No. 2022-08, creating four (4) benefit zones and a revised park impact fee schedule. The County has previously met with the City on the Park and Road impact fee issues, which Road Impact fees have since been resolved and approved by the Board. The County is not in the process of resolving the Park Impact fee issue with a proposed interlocal agreement which may assist in the resolution. The County met with the City on October 18, 2022, to discuss whether the City Council would approve the proposed Interlocal Agreement. The approval would result in the City collecting the County Park Impact fees as previously done. A summary of the proposed interlocal agreement: • Effective thirty (30) days from the effective date of the Interlocal Agreement, the City will collect 100% of all funds for the County's park impact fees and remit all but a 4% collection fee. • The County agrees to use the park impact fees collected by the City, and it is for broad use, providing the Board with maximum flexibility, within seven (7) years from the date received, to pay for land acquisitions or to design, engineer, or construct all or part of the parks improvement projects set out, including the payment of any debt service which is related to such projects. • Within five (5) years from the effective date, the County further agrees to expend funding within a reasonable time frame the Park Impact Fee funds, which were previously collected by the City and are currently held in the County's Parks Impact Fee Reserves Funding account. • The County agrees to allocate $4 million to the City for use to construct Torino Regional Park in accordance with the funding agreement. • The County agrees to allocate $1 million to the City for use to construct softball fields for use by County and City residents in accordance with the funding agreement. 161Page BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM • The proposed Interlocal Agreement term is five (5) years. Mr. Tipton mentioned that the County retains final approval over any park impact fee investment in the agreement. Moreover, the amount of funding within the Reserves is just under $12 million, and it does not include the amounts collected by the County since October 1, 2021, when the agreement expired. The amounts are held in a separate account and are not a part of the discussion, but they still must be spent under state statutes. Mr. Tipton advised the Board that the City Council agreed mainly on the negotiated terms with a slight change to Section K of the agreement. The revision to the interlocal agreement states: "...The City agrees that all residents of the County will be able to use and enjoy City parks on the same basis and cost as residents of the City." This will also apply to Torino Regional Park and Softball fields, and any future project funding agreements entered into under the Proposed Parks interlocal agreement. The County's committing to $5 million, as outlined, for City park improvements and more investments within the next 5-years. All citizens should benefit without different fee structures. Mr. Tipton advised, as discussed in the City Council meeting, that there are no current plans by the City to charge County residents any differently. If the agreement is approved, it will go back to the City for reconsideration of the particular section as discussed. If accepted, the collection agreement will go into effect, and if the City does not accept the collection agreement staff is proposing, in consideration of the time frame of the disputed resolution process for the County to continue to collect Park impact fees as done over the past year. Eliminating commitments, the County has made within the agreement but not limiting the County from considering future City Park funding requests that would end the dispute resolution process. Staff recommended the Board's approval with the amendment to section K of the draft interlocal agreement and authorize the Chair to sign the agreement as reviewed and approved by the County Attorney. H IIIULIUI I VVd.'j IIICIUC LU CIPPI UVC JLdl l I UL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIy. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 2. Permission to Advertise - Exchange Agreement between Destin Beach, Inc. ("Destin") and St. Lucie County ("County") Howard Tipton, the County Administrator, addressed the Board and advised that the County is the Port Authority responsible for facilitating economic development opportunities at the Port of Fort Pierce. The objective is to improve access and development options for County's Harbor Point parcel, dismiss the lawsuit between the County and Destin Beach, and divest the County's 10% interest in Destin Beach's east 67 acres. As the Port Authority, the County took the lead in purchasing 12.5 acres, the Port's working waterfront, and pursued the public -private venture. The director of Fort Pierce has invested more than $17 17 1 P a g BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM million of private money with additional State investment that will create a premier mega yacht maintenance and repair facility on the East Coast of Florida with a projected $100 million annual economic impact. The director is currently beginning work on lifting the 240-foot mega yacht coral ocean, which will use 92% of the largest boat lift capacity. Aside from the delays associated with the pandemic, the Port's vision for a working waterfront is becoming a reality. An essential piece of the Port's future is the County and City of Fort Pierce working on an exchange that will transfer roads at the Port to the County in consideration of the City picking up a portion of Indian River Drive. This item will come before the Board on November 15, 2022, for consideration and with the City Commission on November 22, 2022. As mentioned, this item will relocate Avenue M, a key road within the Port and critical to Harbor Point's development and Destin Beach's future economic development as the vital responsibility of the Port Authority. Harbor Point's 20-acre parcel was purchased 25 years ago. When developed, it will have several different uses, including a boat ramp, commercial fishing component, park facilities, artificial reef, food, and retail options. Currently, the entrance through unimproved Avenue M includes a 90-degree turn, which is unsuitable for two-way boating traffic. A critical component of the exchange will move Avenue M to the North, which is optimum for Harbor Point access. The additional property included in the Harbor Point exchange allows more frontage on Taylor Creek, which is critical for the future boat ramp, commercial fishing, and parking. Staff will discuss this with the Board on November 15, 2022. The agenda item will also eliminate the lawsuit the County inherited with Destin Beach as part of the working waterfront purchase. Also, as part of the working waterfront purchase came a 10% undivided ownership stake in the 67-acres at the Port owned by Destin Beach. The County paid $3 million for the 10% and inherited $1 million in liabilities for back taxes for a total obligation of $4 million. The agreement values the 10% stake at $4.4 million, and County has $400,000, which was used in the negotiations to expand the Harbor Point footprint. The property exchange, along with the road exchange with the City of Fort Pierce, positions the Board to achieve all objectives as the Port Authority. JoAnn Riley, Property Acquisition Manager, presented to the Board a map of the proposed Exchange Agreement for Board consideration. The exchange, if approved, would relocate the access road to Harbour Pointe and reroute the stormwater along the new access road. The exchange would result in the conveyance of the County's 10% interest in the Destin property, which the County inherited as part of the closing with King Maritime Group. The County Attorney has proposed a settlement with Destin in a separate document that, if approved, would result in a dismissal of the lawsuit between King now County and Destin. Staff recommended that the Board authorize staff to advertise a Notice of Public Hearing to be held on November 15, 2022, at 1:00 PM or as soon thereafter as possible. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None OR BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM I EXCUSED: Commissioner District 3 Linda Bartz I 3. Employee Health Clinic - Proposed Waiver - Approval of Direct Negotiations with Medical Risk Solutions, LLC dba My Health Onsite - ATTACHMENT ADDED Daniel McIntyre, County Attorney, Thomas Epsky, HR & Risk Management Director, and Howard Tipton, County Administrator, presented this item to the Board. On October 18, 2022, the Board approved exercising its right under Section 3.02 of the April 1, 2009 agreement with CareHere, LLC, as amended, to terminate the agreement and all amendments without cause by providing one hundred eighty (180) days prior written notice to CareHere, LLC and the other parties to the Amendments. County staff has reviewed the process and options for the County to transition to a new operator for the County's Employee Health Clinic and contacted Kathleen Meola. The County's health services advisor from Relation Insurance Company inquired about the time it would take for a new vendor to obtain the licenses and approvals needed to operate a health clinic. Staff was advised it would take a minimum of four (4) to six (6) months to obtain the licenses and approvals, given that a competitive proposal/bid process would take a minimum of two (2) to three (3) months. County staff is recommending that the Board waive the competitive proposal/bid process, authorizing the waiver when in the County's best interest, authorizing direct negotiations with a medical provider, and waiver in the event of an emergency of the County's Purchasing Manual. Based on the above, staff recommends that the Board waive the proposal/bid process under Section 20, Section 8.1a1,10, and Section 13.3 (d)(3) of the County's Purchasing Manual and authorize direct negotiations with a medical provider Medical Risk Solutions LLC, conducting business as My Health on Site. Human Resources has completed a reference check with a positive outcome. Also, a litigation check has been completed through outside counsel with w positive outcome. A directly -negotiated procurement will result in a timely succession of services within the 180-day termination window on the incumbent's contract; a standard competitive procurement process, followed by the licensure and approval of the awarded entity, will in all likelihood not and runs a substantial risk of taking longer than the 180 days. Mr. Tipton addressed the Board and concurred with the County Attorney's opinion that not risking the security of a healthcare vendor at this time would be detrimental to the County's workforce and employee healthcare, and the risk should not be taken. It could be to the County's benefit in securing a price that might have otherwise been reduced through negotiations. Commissioner Townsend questioned if the new vendor has been in contact with the current CareHere staff nurses and physicians to possibly convert over to the new company so they would not lose their position due to established relationships with current employees. County Attorney McIntyre advised due to the existing Piracy Provision in the contract CareHere, it prevents negotiations or attempts of negotiation with existing employees. But, My Health on Site may also have agreements with CareHere, and if the Board permits, the issue may work itself out and will be presented to the Board at a later date. Staff recommended that the Board waive the purchase process, authorize direct negotiations with Medical Risk Solutions LLC, and authorize the Chair to sign a contract with the same or better financial terms as the contract with CareHere, as finally reviewed and approved by the County Attorney. 191Page BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM 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, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 4. Proposed Exchange between the County and the St. Lucie County Fire District; Old Fire Station #2, South Hutchinson Island; Lot 3, Replat of Quad 1A Treasure Coast Research and Education Park JoAnn Riley, Property Acquisition Manager, and Mark Satterlee, Deputy County Administrator, presented this item to the Board. On March 9, 1965, the County donated specific property formerly known as the Fort Pierce Port and Airport Authority on South Hutchinson Island to the St. Lucie County Fire District to construct and operate Fire Station #2. The Deed contained a reverter clause requiring that the District convey the property back to the County if the property was not used for fire protection purposes. The District constructed and operated a fire station on the former County owned property for many years. The District has indicated that it uses the former County owned property known as Old Fire Station No. 2 for training purposes. Chuck's Seafood uses a portion of Old Fire Station No. 2 for restaurant parking. The District staff approached County staff about locating a new fire station on County -owned property Lot 3, Replat of Quad 1A at the Treasure Coast Research and Education Park (TCERDA) property. County and District staff discussed the exchange of the County's TCERDA property for Old Fire Station #2. At the request of the County Administration, Property Acquisitions ordered appraisals of the TCERDA Property and Old Fire Station #2: TCERDA Property Fuller-Armfield-Wagner $762,000 Callaway & Price, Inc. $880,000 Old Fire Station #2 Callaway & Price, Inc. $1,210,000 Parrish & Edwards, Inc. $1,240,000 County and District staff are negotiating a proposed Exchange Agreement involving the proposed exchange above for Board consideration. Staff recommended that the Board authorize staff to advertise a notice of public hearing to be held on November 15, 2022, at 1:00 PM or as soon thereafter as possible. County Attorney McIntyre commented and advised that the Board staff is still negotiating the exchange agreement. The agreement has been sent over to the Fire District, and they are acceptable to all terms except the proposed reverter clause in the conveyance of the research part parcel reverting back to the County if the property is not used for the fire station. The Fire District suggested that the provision be deleted. Mr. McIntyre suggested the Board direct the County Administrator and Administrative Staff to discuss with the Fire District staff prior to November 15, 2022, meeting in hopes of being resolved. If no agreement is met, the item will return to the Board. The item presented is not to vote on the exchange but only for advertising permission. 20 1 BOCC Regular Meeting Tuesday, November 1, 2022 6:00 PM Commissioner Townsend expressed concerns regarding the reverter clause not being included in the agreement. 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, Cathy Townsend NAYS: None EXCUSED: Commissioner District 3 Linda Bartz 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, November 15, 2022, at 9 AM 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 a Regular meeting on Tuesday, November 15, 2022, at 1 PM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Annual Reorganization meeting on Tuesday, November 22, 2022, 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 8:19 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 211 Page