Loading...
HomeMy WebLinkAboutMinutes 09.21.2021BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 21, 2021 Convened: 9:02 AM Adjourned:11:24 AM 1. CALL TO ORDER the meeting was called to order at 9:02 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, (via video) Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Dan McIntyre, County Attorney Don West, Public Works Director Leslie Olson, Planning & Development Services Director Amy Griffin, Environmental Resources Director Scott Beaulieu, Facilities Manager Daniel Retherford, Facilities Director John Titkanich, Innovation & Performance Division Director Joseph Cowan, Criminal Justice Director Linda Pendarvis, Planning Manager Aimee Cooper, Environmental Planner Jodi Nentwick, Senior Planner Thondra Lanese, Business Navigator Michelle R. Miller, Clerk and Comptroller 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 this time. There being no one wishing to address the Board, Chair Dzadovsky closed public comment. BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_jul 5. APPROVAL OF MINUTES A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Budget Workshop Day 3 Meeting of July 9, 2021. B. Board of County Commissioners minutes for the BOCC Budget Workshop Day 4 Meeting of July 12, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-333 - proclaiming October 2021 as "Manufacturing Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and upon roll call, it passed unanimously. Chair Dzadovsky presented the proclamation to Secretary of the Treasure Coast Manufacturers Association Pete Tesch, who thanked the Board and accepted the Droclamation. 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 B. Resolution No. 21-334 - A resolution proclaiming the week of September 17-23, 2021 as "Constitution Week" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and upon roll call, it passed unanimously. Chair Dzadovsky presented the proclamation to "The Daughters of the American Revolution" Regent, Pat Bloomquist, Vice Regent, Carolyn Wilkins, and Constitution Day Committee Chair, Lurana C. Hillard, who thanked the Board and accepted the proclamation. I RESULT: APPROVE 2 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 %X,I11_ "T MOVER: Commissioner District 3 Linda Bartz SECONDER: None Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None C. Resolution No. 21-336 - Proclaiming September 15 through October 15, 2021, as "National Hispanic 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 upon roll call, it passed unanimously. Chair Dzadovsky presented the proclamation to President & Bilingual Teacher, Hispanics in Action Nelson Merchan-Cely, along with several founders and teachers, who thanked the Board and accepted the proclamation. RESULT: I MOVER: I SECONDER: AYES: NAYS: EXCUSED: 7. PRESENTATIONS U1]]:Z9]1FL Commissioner District 4 Frannie Hutchinson Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None A. Check Presentation by the Blake Charron Foundation for the Naming Rights to the Tug Singleton - ,DD ON Alan Charron, Jolynn Charron, and Jim Oppenborn presented the Blake Charron Foundation Check for the naming right of the People's Reef Project, Tug Singleton, in honor of Blake Charron for $25,000.00. The Charon family created the foundation to support the causes he believed in, support environmental impacts, and protect and restore coastal habitats. 8. CONSENT AGENDA A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend I SECONDER: Commissioner District 3 Linda Bartz IAYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None 3 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM I EXCUSED: None I A. WARRANTS 1. Warrant Lists 49 Adopted by Consent Vote B. ADMINISTRATION 1. St. Lucie County Health Department - Fiscal Year 2021-2022 Contract Staff recommended the Board, contingent upon the approval of the proposed Fiscal Year 2021-2022 County budget, approval as drafted by the County Attorney the contract with the Florida Department of Health, and authorize the Chair to sign the Contract. Pursuant to the contract, the State will expend $10,006,298.00 for the operation of the Health Department, and the County will contribute $1,227,647.00. Adopted by Consent Vote EW410l11,111 We_l % a 01.111 I W1 1. Revocable License Agreement - 406 E Coconut Ave - River Park - Unit 2 - Elohim N. Rosado - Parcel ID 3419-510-0128-000-4 Mr. Rosado is requesting a Revocable License Agreement to be allowed to install a 5-foot chain -link fence with gates along the sides and rear of his property within the County's 6-foot Drainage/Utility Easements. He understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the Agreement, and direct Mr. Rosado pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 2. Revocable License Agreement - 305 Holly Ave - River Park - Unit 2 - Nina Amoruso and Gabriel Cruzado - Parcel ID 3419-510-0304-000-2 Ms. Amoruso and Mr. Cruzado are requesting a Revocable License Agreement to be allowed to install 4 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM a 6' wood fence with a gate along the sides and rear of their property within the County's 6' Drainage/ Utility Easements. They understand if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at their 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. Amoruso and Mr. Cruzado pay to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 3. Resolution - Right -of -Way Donation - 20' on South Jenkins Road - Wolflube Warehouse - Panelli Fort Pierce, LLC - Parcel ID 3406-502-0009-000-9 Planning and Development Services Director approved PDS Order 2021-018, granting approval for a Minor Site Plan known as Wolflube Warehouse. A condition of approval required Wolflube Warehouse convey to St. Lucie County 20' of right-of-way along the entire frontage on South Jenkins Road. Staff recommended the Board accept the Right -of -Way Deed from Panelli Fort Pierce, LLC, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 4. Road Impact Fee Credit Agreement - Panelli Fort Pierce, LLC - Wolflube Warehouse - Parcel ID 3406- 502-0009-000-9 At the request of the County, Panelli Fort Pierce, LLC donated 20' of right-of-way on South Jenkins Road, a condition of PDS Order 2021-018, as shown in yellow on the attached map. Staff has reviewed the proposal and supporting documents and found the proposed Road Impact Fee Credits meet the standards for determining eligibility in the County's Road Impact Fee Credit provisions of the Code of Ordinances Section 24-264. County staff has determined the right-of-way donation is eligible for Road Impact Fee Credits. Staff recommended the Board approve the Road Impact Fee Credit Agreement with Panelli Fort Pierce, LLC, authorize the Chair to sign the Agreement and record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 5. Resolution - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Seaside 20, LLC. 5 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM On July 6, 2021, the Board of County Commissioners approved Resolution No. 2021-312, granting approval for a Major Site Plan to be known as Seaside (AKA Ouanalao) Resort, subject to conditions. The developer was required to dedicate a Conservation Easement overall onsite wetlands, along with an approved Preserve Area Monitoring and Management Plan (PAMMP) to St. Lucie County. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chair to sign the Resolution, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 6. Resolution - Conservation Easement and Preserve Area Monitoring and Management Plan - Sunset Beach PUD - Parcel ID 2529-233-0002-000-0 Sunset Beach PUD has submitted a Final Plat Review for a 43 lot single-family subdivision. During the review process, it was noted the existing Conservation Easement recorded in Official Records Book 4236 Page 1863 would be impacted, and a new Conservation Easement would need to be prepared and dedicated to St. Lucie County. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chair to sign the Resolution, and direct staff to record the Resolution in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 7. Ft. Pierce Inlet Spur Jetty - License Agreement 5-year Renewal with the U.S. Army Corps of Engineers Staff recommended Board approval of the License Agreement with the U.S. Army Corps of Engineers, authorize the Chair to sign the License Agreement, and direct staff to return the executed license agreement and federal administrative fee to the U.S. Army Corps of Engineers. Adopted by Consent Vote 8. Resolution - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Tindall Holdings II, LLC - Palmetto Flats On July 20, 2021, the Planning and Development Service Director approved PDS Order 2021-027, granting approval for a Minor Site Plan known as Palmetto Flats Subdivision, subject to conditions. Tindall Holdings II, LLC was required to dedicate a Conservation Easement overall onsite wetlands, along with an approved Preserve Area Monitoring and Management Plan (PAMMP) to St. Lucie County. Staff recommended the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chair to sign the resolution, and direct staff to record the documents in the public records of St. Lucie County, Florida. 6 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM Adopted by Consent Vote D. COMMUNITY SERVICES 1. Award of Bid No. 21-061 Bus System Rebranding Phase II - The purpose of this bid award is to execute the transit system rebranding, which includes the installation of vinyl vehicle wraps and bus shelter branding. Staff recommended board approval of the bid award to Turbo Images for the Bus System Rebranding Phase II for Area Regional Transit (ART) in the amount of $241,068.00 and authorization for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. FACILITIES 1. Self Performance by BOCC - Facilities Construction and Renovation Staff recommended Board approval of Facilities Construction and Renovation to self -perform the internal buildout of Traffic Operations, 3158 Will Fee Road, Fort Pierce, FL 34982, at an estimated cost of $257,637.32 and ask the Chair to consent as approved by the County Attorney. Adopted by Consent Vote *Item pulled for separate conversation by Commissioner Hutchinson regarding the timing of the project moving forward before October 1, 2021. Daniel Retherford, Facilities Director, and Scott Beaulieu, Facilities Manager, spoke regarding the project item. F. HUMAN RESOURCES 1. Approval of Budget Transfer to Cover Inmate Medical Expenses - Staff requests an additional $500,000.00 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 2. Proposed Health Insurance Rates for FY 2022 - Resulting in a 1% Shift from the Employer to the Employee Across All Tiers, Creating an Annual Employer Contribution Amount of $14,630,253.15 7 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM Staff recommended the Board approve the FY2022 Health Insurance Rates. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $3,875,928. Adopted by Consent Vote 2. 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 Clerk of Circuit Court, and St. Lucie County Property Appraiser. Adopted by Consent Vote I.A0JI0 ca"11141111MI 1. Bid No, 21-066 - Purchase and Delivery of Water and Wastewater Process Chemicals for the St. Lucie County Utilities Department Staff recommended Board approval to award Bid No 21-066 for the purchase and delivery of water and wastewater process chemicals for the St. Lucie County Utilities Department (SLCU) to Vero Chemical Distributors Inc of Vero Beach, Florida, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Solid Waste Storage Area Project - Change Order No. 01 to Contract C21-05-292 Staff recommended the Board approve the change order in the amount of $13,929.20 and permission to sign the documents as approved by the County Attorney's office. Adopted by Consent Vote 111111111111 DIVIT191:4Cf-I 1. FDOT State Highway Lighting, Maintenance, and Compensation Agreement and Resolution authorizing and approving execution of the state of Florida Department of Transportation and St. Lucie County State Highway Lighting, Maintenance, and Compensation agreement to undertake the maintenance 8 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM and operation of lighting on the state highway system by the St. Lucie County Board of County Commissioners; and authorizing the Chair of the St. Lucie County Board of County Commissioners to execute the agreement; further authorizing the County Attorney to execute the agreement by approving it as to form and correctness. Staff recommended Board approval of the attached State Highway Lighting, Maintenance and Compensation Agreement, the attached Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Special Assessment Notice of Intent - MSBU Permission to Advertise Public Hearings Staff recommended Board's permission to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 19, 2021. Adopted by Consent Vote 3. Culvert 2021-02 MSBU - Initial Assessment Resolution Staff recommended Board approval of Resolution No. 2021-351, the Culvert 2021-02 MSBU Initial Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Grant Acceptance - Taylor Creek Restoration Muck Removal Project - FDEP Agreement LPA0500 - Change Order 2 Staff recommended Board acceptance of change order No. 2 to Florida Department of Environmental Protection Agreement No. LP0050, to revise task funding in the grant work plan for the Taylor Creek Restoration Muck Removal Project, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 9 1 P a g e BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 1. Resolution No. 21-321 - Establishing an Initial Application Fee for Unsolicited Proposals for a Public - Private Partnership Daniel McIntyre, County Attorney, presented this item to the Board. Section 255.65, Florida Statutes authorizes counties and other public entities to enter into public -private partnerships to design and construct facilities that are used predominately for public purposes. On September 7, 2021, the Board adopted Resolution 21-320 adopting procedures in the County's Purchasing Manual to provide public - private partnerships. The procedures adopted by the Board provide for an initial application fee to be paid by any private entity that submits an unsolicited proposal for a public -private partnership to the County. The presented memorandum is a copy of a draft resolution that, if adopted, would impose an initial application fee of $3,000 effective October 1, 2021. If the actual analysis cost fee exceeds the amount, the applicant will pay the remaining. If the amount is less, the County application fee will cover the cost. Staff recommended that the Board adopt Resolution No. 21-321 and authorize the Chair to sign the resolution. H motion was mace to approve start recommencation, anc upon roil caii, it passec 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 I NAYS: None 1 EXCUSED: None I 2. Resolution No. 21-337 - in support of Adams Ranch Florida Forever and endorsing the Adams Ranch II Less -Than -Fee Florida Forever Project Application submitted to the Florida Department of Environmental Protection by Adams Ranch, Inc. Daniel McIntyre, County Attorney, presented this item to the Board. Adams Ranch, Inc. has applied to the Florida Department of Environmental Protection and the Florida Forever Program to create a new less -than - free project to protect approximately 15,160 acres of ranch and natural land with permanent conservation easements. The Florida Forever Program's less -than -free projects focus on maintaining the integrity and function of working agricultural landscapes and ensuring opportunities for viable agricultural activities on working agricultural lands. This program will allow those working on the land to continue providing jobs, food, and paying taxes in St. Lucie County. The Board of County Commissioners of St. Lucie County, Florida, now supports and endorses the Adams Ranch II Florida Forever project application. Staff recommended this Board approve Resolution No. 21-337 in support of Adams Ranch Florida Forever and authorize the Chair to sign the resolution. Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board. • Leanne Adams -Simmons 101 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 • Mike Adams There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. A motion was made to approve staff recommendation, and upon roll call, it passed unanimousl, 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 3. Teamsters Local Union No. 769 - Collective Bargaining Agreement - ADD ON Caroline Valentin, Assistant County Attorney, and John Titkanich, Innovation & Performance Division Director, presented this item to the Board. On July 13, 2021, the County and Teamsters Local Union No. 769 commenced negotiations on a new Collective Bargaining Agreement (CBA). The current three-year agreement will expire on September 30, 2021. The parties reached a tentative agreement on the new agreement on August 26, 2021. The proposed agreement provides for a three-year term beginning October 1, 2021, through and including September 30, 2024, with negotiations reopened each year on wages and one additional article of each parties' choosing. Effective October 1, 2021, each bargaining unit member would receive a wage increase in the amount of four percent (4%) or one dollar and ten cents ($1.10) per hour, whichever is greater. The impact of the wage increase for the lowest rate employee is that the hourly rate will increase from $13.29 per hour to $14.39 per hour, representing an increase of 8.28%. In addition to the changes in the health insurance plan, they will receive an average of $153.21 a month or $1838.52 annually. The average hourly rate will increase from $18.76 to $19.86, a 5.86% increase. With the wage increases, the County will only have (17) employees making less than $15.00 an hour, and the lowest will be $14.39 full-time. The wages are consistent with the increase provided to non -bargaining unit employees for the current fiscal year. On September 1, 2021, the bargaining unit voted to ratify the proposed agreement. Sufficient funds for Fiscal Year FY 2021-2022 expenditures have been included in the proposed budget. Staff recommended the Board approve the proposed Collective Bargaining Agreement with Teamsters Local No. 769 and authorize the Chair to sign the agreement. A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE I MOVER: Commissioner District 2 Sean Mitchell I I SECONDER: Commissioner District 3 Linda Bartz I AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 11 1 Page BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM 4. Resolution No. 21-361 - County Roads and Parks Impact Fees Resolution; Providing for Escrow and Potential Refund of County Road and Parks Impact Fees Collected Within the City of Port St. Lucie - Auu uiv Daniel McIntyre, County Attorney, presented this item to the Board. The County adopted its Roads Impact Fee in 1985. The County adopted its Parks Impact Fee in 1995. Since those dates, the county has collected its Roads and Parks Impact Fees within the City of Port St. Lucie, either through collection interlocal agreements with the City or through an alternative collection method set out in the St. Lucie County Code. Parks and Road Impact fees are assessed against new development to ensure that new development pays for its impact on the County roads and parks systems. In the absence of impact fees, the new development would degrade the service levels of the County's road and park systems, or existing residents would pay for these impacts. State law requires that the County periodically updates its impact fees. The County's last updated its Park Impact Fee in 2016 and its Road Impact Fee in 2019. In March of this year (2021), the County retained Nabors Giblin and Nickerson, PFM, and Tindale Oliver to assist the county in updating its various impact fee ordinances, including libraries and public buildings, law enforcement, parks, and roads. Tindale Oliver is preparing the Roads Impact Fee Update. PFM is preparing the remainder of the Impact Fee updates. The County's Impact Fee Updates are scheduled to be completed on or before December 1, 2021. On January 25, 2021, the City Manager for the City of Port St. Lucie notified the County of the City's intent to terminate interlocal agreements that authorized the City to collect County Roads and Parks Impact Fees effective September 30, 2021. The City's decision to terminate the 2011 collection interlocal agreement for road impact fees also has the effect of terminating the (up to 50%) credit of City Road Impact Fees against the County Road Impact Fees. The County agreed to insert the credit provision in the 2011 Interlocal Agreement to encourage economic development within the City. The City also notified the County of the City's intent to consider mobility fees to replace road impact fees. In correspondence and conversations with City staff after the City's termination letter, County staff made the following points: • County staff has no objection to the City replacing City Road Impact Fees with a City mobility fee. State law (See, e.g., Section 336.02, Florida Statutes) provides that the County Commissioners are invested with the general superintendence and control of county roads. With that in mind, the County staff does not believe the City has jurisdiction to collect funds for County roads without the County's consent (which has not been given). • State law (confirmed by a validation judgment in a case in which the City participated) provides that the City cannot prevent the County from collecting Roads or Parks Impact Fees. On July 26, 2021, the City initiated conflict resolution procedures according to Chapter 164, Florida Statutes, in connection with the City's implementation of its mobility plan and the collection and expenditure of County roads and parks impact fees. The Chapter 164 conflict resolution process involves three (3) steps: (1) a Conflict Assessment meeting between the County Administrator and City Manager, (2) a joint public meeting with the governing bodies involved in the dispute, and (3) formal mediation. 121 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 The City and the County are currently engaged in the first step of Conflict Assessment meetings and have met on August 24, August 26, and August 31. The parties are scheduled to meet again on September 15. During the first three (3) sessions, City staff primarily relied on their mobility fee consultants when discussing Road Impact Fees. The City's mobility fee consultants have extolled the virtues of the City's mobility plan and have criticized the County's Road Impact Fee plan. The County impact fee consultants are recommending that the Board consider the Resolution and propose the following: • The escrowing of all County Road and Park Impact Fees that are collected within the boundaries of the City of Port St. Lucie after October 1, 2021, until the Impact Fee Updates are completed, and a new Impact Fee Ordinance is adopted. • Refunding parks and road impact fees collected during this interim period to the extent that there is a difference between the collected amount and the amount determined in the new Impact Fee ordinance. As a point of information for the Board, the City held a public hearing on September 13 to consider adopting a mobility fee that includes County roads, notwithstanding that the parties have not completed the conflict resolution process initiated by the City. The County Administrator sent a letter on September 9 to the City Manager requesting that the City Council deferred action on the City's mobility fee until the conflict resolution process is completed. A County representative attended the City's public hearing and intended to speak, but the City Council voted to approve the ordinance without allowing public comment. Staff recommended that the Board adopt Resolution No. 21-361 and authorize the Chair to sign the resolution. A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. I RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None 5. Third Amendment to Interlocal Agreement with Martin County for Pretrial Services - ADD ON Joseph Cowan, Criminal Justice Director, presented this item to the Board. St. Lucie County has provided Pretrial Services to Martin County according to an Interlocal Agreement since October 2018. Martin County would like St. Lucie County to continue to provide Pretrial Services. Martin County is taking the Third Amendment to the Interlocal Agreement to their Board, which is expected to be approved. This Third Amendment to the Interlocal Agreement will increase St. Lucie County's fee for service is from $270,000 annually to $299,500 annually. This fee is paid in quarterly amounts of $74,875. This Third Amendment to the Interlocal Agreement will also extend 131Pag- BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 the term for an additional year beginning October 1, 2021, through September 30, 2022. The Board approved the Second Amendment to the Interlocal Agreement on September 15, 2020. This Amended Interlocal Agreement will have no negative impact on St. Lucie County. The funds collected from Martin County will offset our cost of operating the program. The Fiscal Year 2022 budget reflects the $29,500 increase in Martin County's contract. Staff recommended approval of the contract as drafted by the County Attorney with authorization to adjust the contract amount to reflect the amount finally agreed upon with Martin County. Staff recommended that the Board approve the third amendment to the interlocal agreement and authorize the Chair to sign the agreement. A motion was made to approve staff recommendation, and upon roll call, 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 6. Mental Health Court Manager Contract with New Horizons of the Treasure Coast for Mental Health Court FY21-22 - ADD 01' Joseph Cowan, Criminal Justice Director, presented this item to the Board. The funding request for one Full -Time Mental Health Court Manager and one Part -Time Mental Health Court Manager for Mental Health Court for $66,950. The Mental Health Court hears cases that are both misdemeanors and felonies. The goal of the Mental Health Court is to provide services and resources for mentally ill defendants involved in the criminal justice system. On June 6, 2006, Judge Cox held the first Mental Health Court session at St. Lucie County Courthouse. A Mental Health Court Manager position was put in place over ten (10) years ago for the court to provide services to mentally ill defendants. The Mental Health Court Manager also provides coordinating treatment, which includes working with and developing individually tailored treatment plans for an array of services, including medication management, supported living, employment, education, rehab, and housing opportunities, as well as peer support. This position also helps defendants apply for federal benefits. New Horizons of the Treasure Coast, Inc. partners closely with the courts and criminal justice system to provide a broad range of mental health and substance abuse services. As a non-profit corporation providing residential and outpatient mental health and substance abuse rehabilitation for over 50 years, it has been the primary local provider of substance abuse and mental health services. New Horizons is the only program in the County that can provide the services needed to achieve the overall goal of reducing the criminalization of the mentally ill within the correctional and judicial system and reducing the rate of recidivism of the mentally ill. The contract provides for 141 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_jul New Horizons to serve as the Mental Health Court Manager. The Board has funded this position since 2007. The Board also approved the first amendment on February 2, 2021, which provided a 3% increase to the Mental Health Court Managers' Salaries. Sufficient funds are appropriated in the "Contract Labor" account of the Criminal Justice/Legal Counsel Division for $66,950 for the Fiscal Year 2021-2022. Staff recommended approval of the contract as drafted by the County Attorney. Staff recommended that the Board deem New Horizons as the provider in accordance with F.S. 287.057(3)(e)(6), and enter into a contract with New Horizons of the Treasure Coast, Inc. for staffing the Mental Health Court Manager position(s) that work in the Mental Health Court and authorize the Chair to sign the contract. The contract will continue services for the next fiscal year (October 1, 2021 - September 30, 2022). A motion was made to approve staff recommendation, and upon roll call, 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 7. Seventh Amendment to Interlocal Agreement with Okeechobee County for Pretrial Services - 4DD ON Joseph Cowan, Criminal Justice Director, presented this item to the Board. According to an Interlocal Agreement, St. Lucie County has provided Pretrial Services to Okeechobee County since October of 2015. Okeechobee County is taking the Seventh Amendment to the Interlocal Agreement to their Board on September 23, 2021, which is expected to be approved. This amendment will extend the term for an additional year beginning October 1, 2021, through September 30, 2022. The fee for Pretrial services in Okeechobee County is $120,000. The fees are paid in quarterly amounts of $30,000. The Board approved the Sixth Amendment to the Interlocal Agreement on September 24, 2020. The Amended Interlocal Agreement will have no negative impact on St. Lucie County. The funds collected from Okeechobee will offset our cost to operate the program. $120K is budgeted along with the related expense accounts for Fiscal Year 2022. Staff recommended approval of the contract as drafted by the County Attorney with authorization to adjust the contract amount to reflect the amount finally agreed upon with Okeechobee County. Staff recommended that the Board approve the seventh amendment to the interlocal agreement and authorize the Chair to sign the agreement. A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. I RESULT: APPROVE 151 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: None NAYS: None EXCUSED: None 8. Approve Jail Diversion Contract with New Horizons of the Treasure Coast for FY 21-22 - %L)D ON Joseph Cowan, Criminal Justice Director, presented this item to the Board. The Board has funded New Horizons of the Treasure Coast Inc. since 2005/2006 to provide services to individuals involved with the criminal justice system that suffer from mental and/or substance abuse disorders. The $533,050 in funding from the Fine and Forfeiture Fund provides housing, medication, case management, psycho - social rehabilitation, and substance abuse services in community -based settings. The contract for services is for $533,050.00. Early intervention opportunities for mental health and substance -abuse offenders provide these defendants/offenders with access to alternative, more appropriate community mental health treatment at a cost significantly less than the cost of incarceration. New Horizons of the Treasure Coast, Inc. partners closely with the courts and criminal justice system to provide a broad range of mental health and substance abuse services. As a non-profit corporation providing residential and outpatient mental health and substance abuse rehabilitation for over 50 years, it has been the primary local provider of substance abuse and mental health services. Since the mental health court started in 2006, there have been 1,819 clients, and we currently have 184 active cases. The national average cost of mental health cases in custody is $125.00 per day. Mental health cases can stay up to seven (7) times longer than the average inmate (35 days). It should also be noted that the recidivism rate is only 9% for individuals completing the mental health court program. The national average for mental health clients is 78% recidivism. The Board has funded the jail diversion services provided by New Horizons of the Treasure Coast. The Board also approved the first amendment on February 2, 2021, which added $66,950 to the contract. The $533,050 has been approved in the Criminal Justice budget for the Fiscal Year 2021/2022 for mental health services through New Horizons. Staff recommended approval of the contract as drafted by the County Attorney. Staff recommended the Board deem New Horizons as the provider in accordance with Florida Statutes 287.057(3)(e)(6) and enter into a contract with New Horizons for the wrap -around services that are needed for jail diversion clients to begin October 1, 2021, through September 30, 2022. A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None 161 Page BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM I EXCUSED: None I 9. City of Port St. Lucie Mobility Fee Ordinance - Permission to Sue - ADD ON' Daniel McIntyre, County Attorney, and Howard Tipton County Administrator presented this item to the Board. An update on the dispute with the City of Port St. Lucie concerning the County's road and parks impact fees was presented to the Board at the Board's September 14, 2021, Informal Meeting. The County Administrator sent a letter to the City Manager on September 9 requesting that the City Council continue the September 13 public hearing on the City's mobility fee ordinance until after the City's initiated Conflict Resolution process is complete. Notwithstanding the County's request for a continuance, the City Council adopted its mobility fee ordinance on September 13. The City's ordinance requires a developer to pay the City a mobility fee, a portion of which purports to include the developer's impacts on County roads as calculated by the City and not under the County Road Impact Fee Ordinance. As indicated in the County's agenda request referenced and reiterated in the County's September 9 letter to the City, the County has sole jurisdiction over County roads pursuant to State law and, therefore, the City has no jurisdiction to calculate or collect funds for County road impacts in a City imposed mobility fee without the County's consent, which has not been given. Moreover, at the September 13 meeting, the City Council voted to approve the ordinance without allowing public comment. The County Administrator asked the County's Planning and Development Services Director Leslie Olson to attend the September 13 public hearing and present the County's position at the public hearing. Ms. Olson did attend the public hearing as requested, informed City officials she was prepared to testify on behalf of the County, but reported that the City Council voted to approve the ordinance without allowing public comment. After the Council's vote and the City's determination not to allow public comment, Ms. Olson left the meeting and other public members. Later in the same meeting, it appeared that the City attempted to "cure" their failure to allow public comment by attempting to "reopen" a public hearing later in the September 13 meeting after the County representative and other public members had left. In addition, a City representative sent an email to the County representative after the meeting was concluded requesting that the County representative provide written comments for the record. In the County Attorney's opinion, the City's adoption of its mobility fee ordinance did not comply with law requirements. The County Attorney also believes that the City's attempts to later "cure" the violation of the law as set out above did not cure the violation. The County Attorney also believes that the City's inclusion of fees for County roads without the County's consent in the City's mobility fee ordinance is not authorized by law and is outside the jurisdiction of the City Council. In adopting the disputed mobility fee ordinance during the pendency of the City -initiated dispute resolution process, the City does not appear to have negotiated in good faith with the County as outlined in the County Administrator's September 9 and September 15 letter. The County Attorney recommended that the Board authorize the County Attorney to file suit against the City of Port St. Lucie to challenge the City's mobility fee ordinance for the reasons outlined above. If the Board authorizes the lawsuit filing, the County Attorney will move to abate the prosecution of the lawsuit pending completion of the conflict resolution process. 171 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_jul A motion was made to approve staff recommendation, and upon roll call, 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 NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update From the PDS Director Leslie Olson, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services approved items during the previous month. • Bev Smith Kia: Minor Site Plan • International Airport Business Park • Wynne: Variance • Christine Mollet: Lot Split • Pineapple Lane: Subdivision The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. 2. Gamboa Residence Comprehensive Plan Policy 6.1.14.2 Wetland Waiver - i'HIS 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 Danna Small Commissioner Linda Bartz - Spoke with Staff and Representative Danna Small Commissioner Sean Mitchell - Spoke with Staff, Consultant, and Representative Danna Small Commissioner Cathy Townsend - Spoke with Staff and Representative Danna Small Chair Chris Dzadovsky -Spoke with Staff, Consultant, and Representative Danna Small Aimee Cooper, Planning and Development Services Environmental Planner, Linda Pendarvis, Planning & Development Services Planning Manager, and Amy Griffin, Environmental Resources Director, presented this item to the Board. The property owner, Crisanto Gamboa, has requested a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow direct impact for a total of 0.04 acres (1,742 square feet) of 181 Page BOCC Regular Meeting Tuesday, September 21, 2021 %XIIILjul Category 1 wetlands and 0.12 acres (5,227 square feet) of the associated required 50 ft. The upland buffer totals 0.17 acres to develop a single-family residence and associated improvements for property located on the west side of Merry Bee Drive adjacent to the North Fork of the St. Lucie River. The St. Lucie County Comprehensive Plan classifies wetlands into three categories: size, location, and hydrologic connectivity to adjacent water bodies. Category I wetlands are hydrologically connected to a natural surface water body, are 20 acres or larger, or contain Strategic Habitat Conservation Areas. The Board may only approve impacts to a Category I wetland or its buffer of County Commissioners per Comprehensive Plan Policy 6.1.14.3. Per Comprehensive Plan Policy 6.1.14.3, the Board of County Commissioners may grant a wetland waiver to impact a Category I wetland, or its associated buffer when no other reasonable alternative exists. The avoidance and minimization of impacts cannot otherwise be achieved, thereby prohibiting reasonable economically viable use of the property. Staff review and findings: • The strict criteria for granting a Category I wetland waiver detailed in the Comprehensive Plan Policy 6.1.14.3 requires avoidance and minimization of impacts to the greatest extent feasible while still allowing reasonable use of the property; • Staff determined additional avoidance and minimization of direct wetland impacts is feasible, given the additional upland now present due to the previous filling of a 1,960 SF wetland; • While the proposed use is consistent with the surrounding neighborhood, staff has requested reducing the size and/or configuration of the proposed residence to avoid direct impacts on the Category I wetland; • The applicant has financially committed to the final site design based on permits from the DEP and ACOE before receiving County approval. Therefore, the applicant found staff's recommendations for avoiding and minimizing direct impacts to the Category I wetland to be economically unfeasible. Staff has determined this proposed site plan does not meet the avoidance and minimization criteria for Category I wetland impacts and, therefore, recommended denial of the subject wetland wavier request to the Board of County Commissioners. Staff recommended Board adoption of a resolution denying the waiver from impacts to a Category I wetland and associated wetland buffer per Comprehensive Plan Policy 6.1.14.2. Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board. • Danna Small There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. A motion was made to approve staff recommendation and upon roll call, and the motion passed (4) to 1). RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson 191 Page BOCC Regular Meeting Tuesday, September 21, 2021 01t,I11_ju1 AYES: Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: Chris Dzadovsky EXCUSED: None 3. Jason A. Lewis, Kimley-Horn and Associates Inc, is requesting a Major Site Plan approval for a 658,000 sq .ft. warehouse distribution and industrial facility with associated infrastructure and stormwater management system for a project known as Kings Highway Warehouse, consisting of +/- 65-acres of vacant land within the (IL) Industrial Light Zoning District, and generally located between Kings Highway and Interstate 95, approximately 0.25 miles south of the Orange Avenue/Kings Highway intersection. - THIS IS A TARGETED INDUSTRY Leslie Olson, Planning and Development Services Director, Jodi Nentwick, Planning and Development Services Senior Planner, and Thondra Lanese, Planning & Development Services Department Business Navigator, presented this item to the Board. This project looks to support St.Lucie County Comprehensive Plan Policy 10.2.1.4 - by encouraging the development of clusters of industries according to the adopted Target Industry List, such as Manufacturing and Distribution Facilities at appropriate locations within the County. The proposed Site Plan is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. The proposed Site Plan is not expected to exceed the adequate service capacity of transportation facilities, water supply, drainage, or emergency medical facilities. The development is located within the Urban Service Boundary (USB), with adequate facilities present. The planning staff performed a detailed analysis of the project and determined it was consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Kings Highway Warehouse Major Site Plan (MJSP-4202126008), dated September 7, 2021. Staff recommended the Board adopt Resolution 2021- 357, approving the Major Site Plan for Kings Highway Warehouse subject to the conditions as set forth in the resolution. Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board. • Clay Thompson (via video) • Jason Lewis There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. A motion was made to approve staff recommendation, and upon roll call, it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None 201 Page BOCC Regular Meeting Tuesday, September 21, 2021 9:00 AM EXCUSED: None I 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Final Budget Hearing on Thursday, September 23, 2021, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 27, 2021, at 6 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 a Regular meeting on Tuesday, October 5, 2021, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, October 12, 2021, at 9 am 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 Special Informal meeting on Thursday, October 14, 2021, at 1 pm 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. 21 1 Page