Loading...
HomeMy WebLinkAboutMinutes 08.17.2021- Informal91rc LUCE (D 0'�) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting August 17, 2021 Convened: 9:00 AM Adjourned: 11:33 AM 1. CALL TO ORDER fhe meeting was called to order at 9:00 AM by Chair Chris Dzadovsky, District No. 1. Present Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda Bartz District 3, Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Leslie Olson, Planning and Development Services Director Ron Parrish, Public Safety & Communications Director Diana Wesloski, Community Services Director Patrick Dayan, Water Quality Manager Eric Konupka, Airport Manager Nicole Fogarty, Legislative Affairs Director JoAnn Riley, Property Acquisition Manager Kara DePasquale, Human Resources Risk Manager Kori Benton, Assistant Planning Manager Frank Amandro, Public Safety Assistant Director Thondra Lanese, Business Navigator 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 Dzadovsky opened the meeting for public comment at that time. The following people addressed the Board. BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM Judge Michael Lynn presented the Board information regarding the Rupert J. Smith Law Library of St. Lucie County. Marjorie Harrell presented to the Board information regarding the observance of Juneteenth and celebrating the end of slavery on June 19tn Mary Sirmons presented to the Board information regarding the observance of Juneteenth and celebrating the end of slavery on June 19tn There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. S. APPROVAL OF MINUTES FA 111ULIU11 VVdb IIIdUC LU C1[J f.11UVC JLd11 ICl.U111111CIlUdLIU11J, dllU IL f.Jd JJCU U IId111111VUJly. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of July 6, 2021. B. Board of County Commissioners minutes for the BOCC Informal Meeting of July 13, 2021. C. Board of County Commissioners minutes for the BOCC Regular Meeting of July 27, 2021. D. Board of County Commissioners minutes for the BOCC Regular Meeting of August 3, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-107 - a resolution proclaiming August 26, 2021, as "Women's Equality Day" in St. Lucie County, Florida, to commemorate the 1920 Certification of the 19th Amendment to the Constitution granting Women the Right to Vote The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Dzadovsky presented the proclamation to the President of the League of Women Voters of St. Lucie County, Sabrina Taylor, who thanked the Board and accepted the proclamation. RESULT: APPROVE Pa BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 7. PRESENTATIONS A. Presentation of Special Recognition Awards to Employees Kara DePasquale, Human Resources & Risk Management Department Manager, and Rick Carmona, Risk Analyst, presented this item to the Board. On June 10, 2021, St. Lucie County Risk Management Team attended the 24th Annual Safety Council Award Ceremony. St. Lucie County had the honor of being presented with seven (7) awards: the Award of Merit for Worker Safety, an Employee Heroism Award, and five (5) COVID Outstanding Service Awards. While those employees could not attend the Safety Council presentation, staff wished to recognize them for their tremendous efforts during the Coronavirus pandemic and their lifesaving efforts. • James Beams - Heroism Award • Erick Gill - COVID Outstanding Service Award • Dana DiFrancesco - COVID Outstanding Service Award • Matt Morse - COVID Outstanding Service Award • Joey DiFrancesco - COVID Outstanding Service Award • Sarah Smith - COVID Outstanding Service Award • Michael Durette - COVID Outstanding Service Award Staff recommended that the Board recognize these six (6) unique individuals for their outstanding service during the pandemic and their lifesaving actions. B. Florida Turnpike Public Hearing Summary Bryan Ribaric, Turnpike Project Manager, presented this item to the Board. The Florida Turnpikes (SR91) widening project update provided a brief overview of the Future Funded Design Projects. The project limits are from Jupiter (Indiantown Road/SR 706) to Ft. Pierce (Okeechobee Road/SR 70) in Palm Beach, Martin, and St. Lucie Counties. The total project length is approximately 37 miles. • Turnpike Widening (Martin County) • from SW Martin Highway (SR 714) to St. Lucie County Line 3 1 P a g BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM • Design Funded in FY 2025 (± $5.6 million) • Turnpike Widening (St. Lucie County) • from Martin County Line to Becker Road • Design Funded in FY 2025 (± $6.3 million) • SW Martin Highway (SR 714) Interchange Improvements (Martin County) • Design Funded in FY 2023 (± $6.4 million) Florida's Turnpike Enterprise (FTE) identified the need to widen this portion of Florida's Turnpike (SR 91) to add capacity to accommodate future traffic volumes of freight and passenger vehicles linked to the projected growth in population and industry. Florida's Turnpike is also a major evacuation route for Southeast Florida. It is currently four lanes, two lanes in each direction, and the plans are to widen the roadway to eight lanes, four in each direction. Numerous bridge structures will need to be widened or reconstructed along with the roadway as well. Potential reconfiguration of existing interchanges and new interchange access locations, including Crosstown Parkway and West Midway Road, will also be considered part of the Project and Development study. 8. CONSENT AGENDA H IIIULIUII VVdb IIIdUC LU CIPf IUVC JLd1I 1UL.UIIII11U11UdLIU11J, dIIU IL f clbbUU U IId111111VUJly. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None /_Ah%1:1:7-A►11&1 1. Warrant Lists 43 & 44 Adopted by Consent Vote B. ADMINISTRATION 1.2022 State Legislative Program Staff recommended Board approval of the 2022 State Legislative Program. 4 1 P a g E BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM Adopted by Consent Vote 2. Appointment to the Treasure Coast Education and Research Development Authority Staff recommended that the Board ratify Dr. James M. Sullivan as the FAU representative on the TCERDA Board. Adopted by Consent Vote 3. Appointment to the Treasure Coast Education and Research Development Authority Staff recommended that the Board ratify Dr. Anthony Dribben as the Indian River State College representative on the TCERDA Board. Adopted by Consent Vote 4. Appointment to the Affordable Housing Advisory Committee Staff recommended that the Board ratify Commissioner Mitchell's appointment of Kristy Conway to the Affordable Housing Advisory Committee. Adopted by Consent Vote C. COUNTY ATTORNEY Resolution 21-324 - Amending the St. Lucie County Purchasing Manual to Amend Federal Procurement Requirements for Purchases with Federal Grants Staff recommended the Board approve Resolution No. 21-324 to amend the St. Lucie County Purchasing Manual and authorize the Chair to sign the resolution. Adopted by Consent Vote D. COMMUNITY SERVICES 1. A Memorandum of Understanding between St. Lucie County Board of County Commissioners and St. Lucie Cultural Alliance, Inc. - to carry out joint responsibilities in selecting and displaying artworks in public transit facilities, bus shelters, and on public transit vehicles. As part of the County's Transit System Rebranding, the County seeks to strengthen its role as a partner with the St Lucie Cultural Alliance to facilitate the display of art in, on, and at public transit buses, intermodal facilities, and bus shelters by entering into this Memorandum of Understanding. The St. Lucie Cultural Alliance and the County recognize and agree that the display of public art is a benefit and provides the opportunity to educate, inspire, reduce stress, increase tourism, increase property values, and provide economic development opportunities 5 1 P a g E BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM within the County. Staff recommended board approval of the MOU between St Lucie County and St Lucie Cultural Alliance and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. HUMAN RESOURCES 1. Approval of Budget Transfer to Cover Inmate Medical Expenses - Staff is requesting an additional $1,000,000.00 to cover inmate medical invoices not yet realized for FY21. Staff recommended the approval of this budget transfer and to apply the funds from account 001-9910-599301-910000 to the coordinating account 001-2300-531300-230000 for the future expenditures. Adopted by Consent Vote F. LIBRARY SERVICES 1. State Aid to Libraries - Fiscal Year 2022 Staff recommended Board approval of the annual State Aid to Library Grant application with required Annual Service Plan and authorization for the Chairman to sign documents as approved by the County Attorney. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Removal of Fixed Assets from Inventory Staff recommended Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Tax Collector, and St. Lucie County Clerk of Circuit Court. Adopted by Consent Vote 2. Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by 6 1 P a g e BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM $-1,015,244. Adopted by Consent Vote H. PARKS & RECREATION 1. Request to waive admission fees at the St Lucie County Aquarium for the 20 Year Anniversary Staff recommended Board approval to waive $750.00 in daily admission fees for Saturday, August 28, 2021, for the 20 Year Anniversary of the St Lucie County Aquarium. Adopted by Consent Vote I. PUBLIC SAFETY 1. Hurricane Irma DR 4337 PW567 Closeout This is the closeout of this project associated with beach erosion that occurred from the impacts of Hurricane Irma. The initial obligation was on August 3, 2018, and deobligated February 2020 due to the grant funding received from USACE, another Federal Funding Agency. The FDEM document attached is the Final Inspection Report (FIR) and is the Formal Closeout Request. Staff recommended that the Board of County authorize the Chair to execute the Final Inspection Report (attached), which also serves as the Final Closeout document for Disaster Recovery 4337 (DR4337) - Project Worksheet 567 (PW567). Adopted by Consent Vote J. PUBLIC UTILITIES 1. Bid Waiver and Sole Source Determination FY 21-22 Staff recommended Board approval of bid waiver and sole source determination for the purchase of parts, service and supplies for the care and maintenance of the Water Treatment Plants of parts and service for various heavy and other specialized equipment from: Accent Wire, Air Burners, Inc., Air Compressor Works, Inc., Alta Construction Equipment LLC, Andela Products, Barneys Pumps, Chemical Injection Technologies, Crigler Enterprises, Inc., Daupler, Inc., Florida Jetclean, HC Warner, Hydra Service, Lakepointe Environmental Group, Lobepro Rotary Pumps, Machinex Technologies, Inc., Marinco Biossay, Nextran Truck Centers, Powerscreen of Florida, Inc., Rechtien International, Inc., Rexel USA Inc., SCADA Solutions LLC, Sierra International Machinery, LLC, Specialty Fire of Boynton Beach, FL, Symonds & Associates, Tom Evans Environmental, Trekker Tractor, LLC, Van Dyke Baler Corp., WES Tech Engineering Inc, Xylem Water Solution USA and authorization for the Chair to execute 7 1 P a g e BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM contracts as approved by the County Attorney. Adopted by Consent Vote 2. Request to Add 3 Full -Time Employees to Support Upcoming Utilities Projects In anticipation of growth within the County's Utility service area, St. Lucie County Utilities (SLCU) desires to add 3 FTEs to the utilities team to ensure proper support and direction for the current and upcoming projects. Staff recommended the Board approve the addition of 3 FTEs in order to support the growing Utility and assist with meeting project timelines. Adopted by Consent Vote K. PUBLIC WORKS 1. Indian River Estates Stormwater Improvements Phase 3 Award Design Contract Staff recommended Board award contract to Inwood Consulting Engineers in the amount of $337,376.66 and authorized the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Culvert MSBU IA Tax Collector Staff recommended Board approval of the Interlocal Agreement (IA) with the St. Lucie County Tax Collector for the Culvert MSBU and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. CR-712/Midway Rd. - Jenkins Rd. to Selvitz Rd. - Highway Maintenance Memorandum of Agreement (HMMOA) with FL Department of Transportation (FDOT) * Resolution number RES-2021-29 removed and updated to RES-2021-343 post -meeting. Staff recommended Board approval of Highway Maintenance Memorandum of Agreement (HMMOA) FM No.231440-5 with FDOT for the Widening and Reconstruction of Midway Road from just West of Jenkins Road to Selvitz Road and permission for County Administration to prepare a letter of commitment for the project; and authorization for the Chairman to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Award of Bid No. 21-040, Midway Road at NSLRWCD Canal 22 Headwall Repair to PRP Construction in the amount of $76,813.28. Total Construction cost is $80,441.03. BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM Staff recommended Board approval to award the bid to PRP Construction in the amount of $76,813.28 for the Midway Road at NSLRWCD Canal 22 Headwall Repair; approval of Andersen Andre for Geotechnical Services in the amount of $3,627.75; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Bid Waiver and Sole Source Determination FY21-22 Staff recommended Board approval of bid waiver and sole source determination for the purchase of parts and services for various heavy equipment and traffic signal system for the Road & Bridge Division and authorization for the Chair to execute contracts as approved by the County Attorney. Adopted by Consent Vote 6. Palmetto Flats Sidewalk Fee in Lieu of Construction of Sidewalks in the amount of $45,958.67 Staff recommended Board approval of the fee -in -lieu of construction agreement with the Tindall Holdings II LLC, accept funds in the amount of $45,958.67, and authorization for the Chair to sign documents as approved by the County Attorney. *Item was pulled from the Consent Agenda for a separate conversation and a vote by Commissioner Mitchell. Patrick Dayan, Public Works Assistant Director, and Leslie Olson, Planning and Development Services Director, presented this item to the Board. The applicant received site plan approval through the County on July 21, 2021. All residential developments required to obtain site plan approval are located within the Urban Service Boundary. All non-residential development above 6,000 square feet is located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. Orange Avenue is a County roadway, and the developer must construct concrete sidewalks with the right-of-way of all abutting streets. Additionally, per the section above, the applicant must construct sidewalks within the right-of-way of all streets that lie within the perimeter of the property. The applicant has requested that the sidewalk requirement be waived. The applicant shall pay a fee -in -lieu to the County for sidewalk and/or greenways and trails construction. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the payment date, the developer may request a refund. The applicant has requested the value be paid in cash to the applicant rather than Roadway Impact Fee Credits. As a result, County staff would support a reduction of the overall sidewalk Fee -in -Lieu of construction cost by $62,700, resulting in a sidewalk Fee -in -Lieu of the construction cost of $45,958.67. 9 1 P a g e BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM A motion was made to approve staff recommendations, an additional opportunity for the applicant to bring the item back to the Board regarding the fee -in -lieu of the construction cost for any possible retund, and it passed (4) to (1). RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: Cathy Townsend EXCUSED: None 7. Approval of a Facilities Use Agreement With Underwater Engineering Services, Inc.(UESI) - cont. from 8/3 Staff recommended Board approval of the FUA with UESI to stage limerock boulders and reef modules at Harbour Pointe Park until September 15 and authorization for the Chair to sign documents as approved by the County Attorney. *Item was pulled from the Consent Agenda, Commissioner Cathy Townsend recused from item. A motion was made to approve staff recommendations, and it passed (4) to (0). RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: None EXCUSED: Cathy Townsend 8. Selvitz Road Widening (Glades Cut Off Road to Edwards Road) Professional Engineering Services Contract Award to Inwood Consulting Engineers in the amount of $2,071,368.11. Staff recommended the Board approve the Contract to Inwood Consulting Engineers, Project- Selvitz Road Widening (Glades Cut Off Road to Edwards Road) in the amount of $2,071,368.11, and authorize the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1.Ordinance No. 21-032 - Amending Article 18, Emergency Management and Emergency Services 101Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM by amending Article III (Life Support Services) regarding Certificates of Public Convenience and Necessity ("COPCN") for Ambulance and Wheelchair Transport Services Dan McIntyre, County Attorney, and Ron Parrish, Public Safety and Communications Director, presented this item to the Board. Chapter 18, Emergency Management Services, Article III (Life Support Services) amends the process by which the County issues and renews Certificates of Public Convenience and Necessity ("COPCN") for ambulance and wheelchair transport services. Under the proposed ordinance, the Board would annually determine whether a need for additional services exists in the County based upon a needs assessment conducted by the Public Safety Director. If a need is determined to exist, applications for new COPCN services will be opened during September. An initial COPCN would be valid for one year, subject to renewal for an additional two-year period. The proposed ordinance is intended to establish a more orderly process tied to the annual needs assessment schedule. In addition to the changes to the application process, the proposed ordinance also establishes a requirement for all certificate holders to affix a County issued sticker to all vehicles listed under the COPCN to identify better -licensed vehicles correctly. In addition, all certificate holders would be required to attend an annual meeting with the Public Safety Director to review needs in the community and any compliance issues or licensing concerns. On July 7, 2021, County staff held a meeting on the proposed amendments to Chapter 18, to which all certificate holders were invited. Those in attendance were generally in support of the proposed ordinance. During its meeting on July 9, 2021, the Emergency Medical Services Advisory Council voted 6-0 to recommend the Board of County Commissioners adopt the proposed ordinance with specific revisions incorporated into the attached ordinance. Staff recommended the Board approve the ordinance and authorize the Chair to sign the ordinance. Chair Dzadovsky opened the hearing for public comment at that time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. ri IIIULIUII VVdJ IIIdUC LU CIPf IUVC LIIC JLdll ICL.UIIIIIICIIUC1LIUII1 dllU IL f cl JJCU UIId111111VUJIy. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, AYES: Cathy Townsend NAYS: None EXCUSED: None 2. Economic Development Ad Valorem Tax Exemption - Proposed Ordinance No. 21-031 Creating Economic Development Ad Valorem Tax Exemption for PB Holdco, L.L.C. Related to the BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM Expansion of its Existing Facility at 3901 St. Lucie Boulevard Dan McIntyre, County Attorney, presented this item to the Board. PB Holdco, L.L.C., a local boat manufacturer, has applied for a personal property economic development ad valorem exemption related to the recent expansion of its facility. As a result of this expansion, the company has added additional 200 jobs to its workforce, bringing the total number in Florida to 558. The Property Appraiser has reviewed the application and determined the company is eligible for the exemption. If approved, the company would receive the exemption on a sliding scale for no more than a ten (10) year period. The estimated taxable value of the improvements to the real property is $18 million, and the estimated taxable value of the additional personal property is $2.6 million. The value of the real property itself would not be subject to the exemption. On March 19, 2019, the Board of County Commissioners adopted Resolution No. 19-045, which approved specific economic incentives for PB Holdco, L.L.C., which included direction to staff to assist the company in applying for an economic development ad valorem tax exemption related to the proposed expansion. Staff recommended the Board adopt the proposed Ordinance No. 21-031, as drafted. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None B. COMMUNITY SERVICES 1. A Resolution Establishing an Inventory of County Owned Property Suitable for Affordable Housing per Section 125.379, Florida Statutes Diana Wesloski, Community Services Director, presented this item to the Board. Florida Statute requires each County to prepare an inventory list of all real property within its jurisdiction. The County holds a fee simple title that is appropriate for use as affordable housing. The properties identified as appropriate for use as affordable housing may be used in the following ways: 121Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM • It may be offered for sale, and the sales proceeds used to purchase land for the development of affordable housing; • May be offered for sale, and the sales proceeds used to increase the local government fund earmarked for affordable housing; • May be sold with a restriction that requires the development of the property as permanently affordable housing; • May be donated to a nonprofit housing organization for the construction of permanently affordable housing; • Maybe otherwise, make the property available for use for the production and preservation of permanently affordable housing. Staff recommended Board approval of resolution No. establishing the inventory list of properties owned by St. Lucie County suitable for affordable housing and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky 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 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION Approval of American Rescue Plan Projects - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Alphonso Jefferson, Deputy County Administrator, presented this item to the Board. St. Lucie County is estimated to receive $63,767,844 for eligible projects from the American Rescue Plan. On April 6, 2021, the Board approved agreeing to compliance review, and a Legislative Affairs position to support the American Rescue Plan equated to $708,532. The remaining balance of American Rescue Plan funding to be allocated equates to 131Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM $63,059,312. This agenda item seeks approval from the Board of County Commissioners on allocating the remaining funds to eligible projects under the American Rescue Plan. A listing of projects has been provided to the Board for consideration and approval. Based on US Treasury guidelines, funding must be obligated by December 31, 2024, and expended by December 31, 2026. Staff recommended approval of projects (Exhibit 1) in the amount of $63,059,312.00 to be funded from the American Rescue Plan. A motion was made to approve statt recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 2. Local Bill amending Chapter 2006-336, Laws of Florida, An act relating to the Rupert J. Smith Law Library of St. Lucie County Nicole Fogarty, Legislative Affairs Director, presented this item to the Board. The Rupert J. Smith Law Library of Saint Lucie County is an independent special district. A Board of Trustees was created in 2001 and amended in 2006 to establish, operate, and maintain law library facilities within Saint Lucie County. The Board of Trustees consists of five members: a circuit judge, a county commissioner, two attorneys, and a lay member. Each seat has its requirements and assignment of who makes the appointment. This local bill would increase the number of seats on the Board of Trustees from five to six and update the appointment power for each seat and expand the residential requirement to be within the Nineteenth Judicial Circuit. The new additional seat would allow for an honorary member to be appointed by the Board of Trustees. This bill would take effect on becoming law. Staff recommended Board approval, and upon the direction from the Law Library of which draft to proceed with, directs the Legislative Affairs Division to present the local bill to the St. Lucie County State Legislative Delegation for their consideration. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend 14 1 BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM NAYS: None EXCUSED: None B. AIR & SEA PORT 1. Assignment and Assumption of Lease Eric Konupka, Airport Manager, presented this item to the Board. On January 25, 2021, Fort Pierce FBO, LLC (Landlord), Robert Rigel (Lessee), and Apples of Gold Aviation LLC entered into an Assignment and Assumption of the premises' sublease at 3820 St. Lucie Blvd. Fort Pierce, within the grounds of the Treasure Coast International Airport. Robert Rigel Is requesting to assign all of his rights, title, and interests, as the Tenant under the Lease, including all of his liabilities and obligations, to Apples of Gold Aviation. Apples of Gold Aviation, LLC, wishes to accept such assignment of rights, title, and interest and to assume the Lease upon the terms and conditions more particularly set forth herein. Landlord, Fort Pierce FBO, LLC, requests the County's consent to the assignment and assumption of the Lease to Apples of Gold Aviation, LLC. Staff recommended Board approval of the Assignment and Assumption of Lease between Fort Pierce FBO, LLC and Robert Rigel to Apples of Gold Aviation LLC. ri IIIULIUII VVd.'j IIICIUC LU CIPPI UVC JLdll I CL.UI I II I ICI IUdLIUI I.-J, dI IU IL Pd JJCU UI ICII III I IUUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None C. COUNTY ATTORNEY 1. Public -Private Partnerships - Proposed Amendment to Purchasing Manual - ITEM PULLED PRIOR TO MEETING *The item was pulled prior to the meeting. 2. Florida Turnpike Widening - Jupiter to Fort Pierce - PD&E Study - Comment Letter 151Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM Daniel McIntyre, County Attorney, presented this item to the Board. On July 22, 2021, a public hearing was held on the Project and Development, and Environmental (PD&E) study about the proposed widening of the Florida Turnpike from Jupiter to Fort Pierce. County Public Works staff developed a draft comment letter concerning the proposed Midway Road Turnpike Interchange for the Board to review. Staff recommended that the Board consider the draft letter, make changes as needed, and authorize the Chair to sign the letter. Chair Dzadovsky and Commissioner Hutchinson discussed with Public Works staff concerns regarding the Midway Road Bridge over Florida's Turnpike being added to the Project and Development and Environmental (PD&E) study. The Board suggested strengthening the proposal's language by adding the Midway Road Bridge over Florida's Turnpike in the plan. The item moved back to Public Works and the Attorney's office for the language to be added. H 111ULIU11 wd�) 111dUC LU dpp[L)ve JLdll 1C1.U111111C11Ud11U11�), d11U IL PdJ�)eU Ulld111111UUJly. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 3. Fifth Amendment to Amended and Restated Facilities Use Agreement with Sterling Facilities Services, LLC. Daniel McIntyre, County Attorney, presented this item to the Board. The County agreed with the New York Mets in June 1986 to train and play major league spring training games in St. Lucie County. The first spring training game was played in March 1988. The term of its original Agreement was 15 years. In 2003, the parties entered into a new agreement that extended the term through 2018. In 2011, the term was extended further through 2023. On November 15, 2016, the Board approved a new Facilities Use Agreement with the Mets that extended the term through 2042, including terms for the renovation and improvement of the Tradition Field Sports Complex. The Board's approval of the Agreement was subject to the approval by the State of Florida of funding for the stadium renovations in the amount of $20,000,000.00 over a period of 20 years. Shortly after the Board approved the Agreement, County staff applied to the State of Florida Department of Economic Opportunity (DEO). A summary of the Fifth Amendment to the Facilities Use Agreement follows: For account reconciliation purposes, the Fifth Amendment amends the punch -list retainer established in the Fourth Amendment to account for the $8,250.00 credit liquidated in Change Order #13 between SFS and Barton Malow Company. The 161Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM amount of the retainage is amended retroactively to the date of final payment to $266,750.00. • The Fifth Amendment provides that the County has made all disbursements due to SFS under the FUA and that the Project has been completed in accordance with the FUA. Staff recommended that the Board approve the fifth Amendment to the amended and restated facilities use Agreement and authorize the Chair to sign the Amendment, subject to final approval of the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 4. M. T. Land - Contract for Sale and Purchase - Parcel ID 2325-411-0002-000-0 and 2325-413-0001- 000-9 JoAnn Riley, Property Acquisition Manager, presented this item to the Board. On February 1, 2020, St. Lucie County Land Acquisition Selection Committee (LASC) reviewed the Jenkins Road Parcels (LASC Property ST205) located South of Jenkins Road and Edwards Road intersection along Ten Mile Creek. The property is currently listed for sale, and staff has received confirmation that the property owner is a willing seller. On February 1, 2021, the County's Land Acquisition Selection Committee (LASC) reviewed the property consisting of 9 acres of the hydric hammock, 8 acres of floodplain forest, including 2,000 LF of shoreline along Ten Mile Creek, and 22 acres of disturbed upland habitat/fallow citrus grove. On February 23, 2021, the Board of County Commissioners approved the acquisition of the 39-acre Jenkins Road parcel with a collaborative funding approach for acquisition costs through the future Jenkins Road Extension Project and the Environmentally Significant Lands Program. St. Lucie County Engineering staff has proposed that the segment of Jenkins Road from Glades Cut Off Road to Orange Avenue is a critical piece of infrastructure that will need supporting land to accommodate stormwater run-off from the roadway. The purchase of the 39 acres will provide a unique opportunity to acquire land for the stormwater needs of the Jenkins Road extension. This acquisition will minimize potential impacts on other properties along the corridor as the design analysis moves forward. The County requested Callaway & Price and Fuller-Armfield-Wagner review the counter-offer to determine if it was in their value range. Callaway & Price and Fuller-Armfield-Wagner indicated $2,000,000 was not 17 1 P a g BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM within their range of value and advised County staff to present a counter-offer of $1,650,000. A counter-offer was presented and accepted by M. T. Land. Staff recommended the Board approve the Contract for Sale and Purchase with M. T. Land subject to final review and approval by the County Attorney, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County. 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: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 5. Authorize the County Attorney to Submit the County's Vote on the Mallinckrodt Bankruptcy Plan After Consideration of the Final Recommendation by the County's Opioid Litigation Counsel - ADD ON Dan McIntyre, County Attorney, presented this item to the Board. On August 9, 2021, the County's outside counsel for the opioid litigation notified the County of upcoming required action and deadlines for voting on a bankruptcy plan for Mallinckrodt, a manufacturer of opioid-pain medication that is among the Defendants named in the multi -district litigation. Mallinckrodt has now sought bankruptcy protection under Chapter 11 of the Bankruptcy Code due to opioid litigation liabilities and other debt obligations. The proposed plan will result in a restructuring of the Debtor's business, and the establishment of a trust referred to in the Plan and the Disclosure Statement as the Opioid MDT II to be funded with approximately $1.6 billion in cash paid over seven years and certain non -cash assets, including warrants, insurance rights and specific estate causes of action, that will serve as the source of recovery to all Opioid Claimants. These funds will be divided among various trusts, including governmental claims, hospital claims, third -party payer claims, and personal injury claims. Staff recommended to Authorize the County Attorney to Submit the County's Vote on the Mallinckrodt Bankruptcy Plan After Consideration of the Final Recommendation by the County's Opioid Litigation Counsel. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE OR BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None D. HUMAN RESOURCES 1. Eighth Amendment to CareHere, LLC Agreement (St. Lucie County Employee Health Clinic) for the provision of behavioral health services at the St. Lucie County Employee & Family Health Care Center located in Port St. Lucie Kara DePasquale, Human Resources Risk Manager, presented this item to the Board. The county staff has been working with CareHere, LLC to provide behavioral health services for employees and dependents at St. Lucie County Employee & Family Health Center located in Port St. Lucie. Behavioral health services address mental health, psychological, motivational, and medical concerns by developing short-term treatment plans and interventions using licensed psychologists, licensed clinical workers, or other licensed mental health counselors. Based on directions received, CareHere recruited and hired staff on July 12, 2021, and began providing behavioral health services. As these services began to be provided by CareHere on July 12, 2021, approval of the Amendment to the Agreement would be retroactive to that date. In addition to amendments to Interlocal Agreements with the Fire District, Sheriff's Office, and the Tax Collector related to these services. These services will result in a one-time $7,781.00 Implementation Fee and an initial (Per Employee Per Month) PEPM Cost of $1.13, which will increase by $0.03 each year through 2023. The total annual cost for 2021 is projected at $129,999.00; for 2022, the total annual projected cost is $133,893.00. Fee Schedules for outside participating agencies are outlined within their respective interlocal agreement amendments. Staff recommended that the Board: • Approve the Eighth Amendment to April 1, 2009, Agreement and authorize the Chair to sign the Amendment as reviewed and approved by the County Attorney; and, • Approve the Amendment to the Interlocal Agreement with the St. Lucie County Fire District and authorize the Chair to sign the Agreement as reviewed and approved by the County Attorney; and, • Approve the Amendment to the Interlocal Agreement with the St. Lucie County Sheriff's Office and authorize the Chair to sign the Agreement as reviewed and approved by the County Attorney; and, • Approve the Amendment to the Interlocal Agreement with the St. Lucie County Tax Collector and authorize the Chair to sign the Agreement as reviewed and approved by the County Attorney. 19 1 P a g BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None E. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from PDS Director No formal vote is necessary for this agenda item. The item is presented to the BOCC for informational purposes only. Leslie Olson, Planning and Development Services Director, presented this item to the Board. A brief presentation on items approved by the Planning & Development Services during the previous month. • Kings Commercial Center: Minor Site Plan • Palmetto Flatts: Minor Site Plan • Shox Mobile Home - Class A Mobile Home • Maxwell Acres: Minor Adjustment to Minor Site Plan • Island Dawg Per Spa, LLC.: Use Determination WDA • St. Lucie Business Park Storage PNRD: Executive Order Extension The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. The item was presented to the BOCC for informational purposes only. 2. Pursuit Boats - Major Adjustment to Major Site Plan Kori Benton, Assistant Planning Manager, and Thondra Lanese, Business Navigator of Planning and Development Services, presented this item to the Board. The applicant, Pursuit Boats, and representative, Stef Matthes, PE, of Culpepper & Terpening, request a Major Adjustment to the Pursuit Boats' Major Site Plan for continued expansion 390,472 sq. ft. Pursuit Boats manufacturing facility, in phases. The proposed Major Adjustment to a Major Site Plan reflects the work completed to date, improves the site's functionality during construction, and refines the previously approved site plan to serve final operations better. Specific modifications 201Page BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM include: • Documenting the transfer of 42 acres to St. Lucie County for Habitat Preservation • Updating and clarifying the expansion phases • Providing additional parking to serve the completed Phase I expansion and a temporary Guard Station • Reconfiguring the Boat Mold Production Building in Phase 2 • Providing additional Phase 2 parking • Memorializing miscellaneous clarifications, including the compressor shed and resin tank locations The plan reflects a 784,312 sq. ft. ultimate buildout to support manufacturing, operations, and support space for boat production, rigging, and customization. St. Lucie County has an active Economic Incentive Package structured with the applicant that will remain unaffected. Staff recommended approval of Resolution 2021-329, authorizing the Chair to sign appropriate approval documents. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None F. PUBLIC SAFETY 1. Medical Testing and Vaccination Utility Van - ADD ON Frank Amandro, Public Safety Assistant Director, presented this item to the Board. The Public Safety Department purchased the Medical Testing & Vaccination Utility Vehicle with CARES Act funding to provide COVID-19 Testing and Vaccinations for the underserved communities within St. Lucie County. The Public Safety Department would like to lend this vehicle to St. Lucie County service partners to go out into our community to provide COVID-19 Testing, Vaccinations, and other medical services needed. Lending this vehicle to other service providers will maximize the potential and effectiveness of the vehicle and enhance the medical services provided in the community. Staff recommended Board approval for the Medical Testing and Vaccination Utility Van to be loaned to St. Lucie County's service partners and for the Chair to sign all documents as prepared by the County Attorney's Office. 21 1 P a g BOCC Regular Meeting Tuesday, August 17, 2021 9:00 AM 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: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 7, 2021, at 6pm 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 Tentative Budget Hearing on Thursday, September 9, 2021 at 6pm 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 Informal meeting on Tuesday, September 14, 2021 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Final Budget Hearing on Thursday, September 23, 2021 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 21, 2021 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 221Page FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Townsend, Cathy St. Lucie County Board of County Commissioners MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2300 Virginia Avenue WHICH I SERVE ISAUNIT OF: ❑ CITY 6COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: St. Lucie CountyMY Fort Pierce St. Lucie DATE ON WHICH VOTE OCCURRED August 17, 2021 POSITION IS: & ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Cathy Townsend , hereby disclose that on August 17 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, brother-in-law works for UESI inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Consent Item 8K7 - Board acceptance of the Approval of a Facilities Use Agreement with Underwater Engineering Services Inc. (UESI) 20 21 by which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ,t Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.