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HomeMy WebLinkAboutMinutes 12.07.202191rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 7, 2021 Convened: 6:00 PM Adjourned: 9:26 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Sean Mitchell District No. 2. Present Commissioner Sean Mitchell District 2, Commissioner Frannie Hutchinson District 4, Commissioner Chris Dzadovsky District 1, Commissioner Cathy Townsend District 5 Commissioner Linda Bartz District 3 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Dan McIntyre, County Attorney Don West, Public Works Director Leslie Olson, Planning & Development Services Director Jodi Nentwick-Kugler, Planning & Development Services Senior Planner Tahir Curry, Planning & Development Services Associate Planner Kristopher McCrain, Planning & Development Services Associate Planner Kori Benton, Planning & Development Services Senior Planner Stan Payne, Air & Sea Port Director Joseph Cowan, Criminal Justice Director John Frank, Assistant Road & Bridge Director Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Mitchell opened the meeting for public comment at this time. The following people addressed the Board: • Marjorie Harold spoke to the Board regarding community involvement. With no one else wishing to address the Board, Chair Mitchell closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE IMOVER: Commissioner District 5 Cathy Townsend I I SECONDER: Commissioner District 1 Chris Dzadovsky I AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None 1 EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of November 2, 2021. B. Board of County Commissioners minutes for the BOCC Regular Meeting of November 16, 2021. C. Board of County Commissioners minutes for the BOCC Informal Meeting of November 9, 2021. D. Board of County Commissioners minutes for the BOCC Reorganization Meeting of November 16, 2021. E. Board of County Commissioners minutes for the BOCC Joint Port St. Lucie Meeting of October 27, 2021. 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS 2 1 P a g e BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM A.4H Christmas Remembrance Tanya Binafif, 4-H Agent, Lily Crawford, and Brooke Adams, 4-H Council Officer Team, and others presented the Board with an overview of the various St. Lucie County 4-H Club Youth Development Programs through a video presentation. The St. Lucie County 4-H Holiday Jubilee previewed Holiday wishes from the following clubs: Beef Builders 4-H Club Clover 4-H Club Goofy Grapefruit 4-H Club Happy Hams 4-H Club Heaven Lee Hooves 4-H Club Jitters & Critters 4-H Club Mane Attraction 4-H Club Midnight Riders 4-H Club Nuts & Bolts 4-H Club Paws-N-Claws 4-H Club Porkers 4-H Club Rooters 4-H Club Show Stoppers 4-H Club Sunshine Poultry 4-H Club Treasure Coast Swine 4-H Club Trails & Tails 4-H Club St. Lucie 4-H County Council Multicultural Resources Center Manatee Academy K-8 School Destined for Greatness Christian Academy Fairlawn Elementary Creative Arts Academy Each 4-H club focused on community service involvement and upcoming project activities. Throughout the pandemic, the 4-H club programs have continued to thrive. The program has had the opportunity to develop new education programs within the virtual space, helping to successfully fulfill the community's educational needs by reaching over 5,000 youth through school enrichment and community clubs. The 4-H staff provides various school enrichment programs to the public and private schools across the country each year, reaching over 4,000 students covering topics such as the Indian River Lagoon, Agriculture, Embryology, Vet Prep, Pet Care. Entomology, Horticulture, and many more. Each club thanked the St. Lucie County Board of County Commissioners for their continued support and wished all Commissioners a Happy Holiday Season. 8. CONSENT AGENDA A motion was made to approve staff recommendations, and it passed unanimously. BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS Warrant Lists 6 - 7 Adopted by Consent Vote B. AIR & SEA PORT 1. Grant and Grant Resolution Acceptance - Environmental Assessment for the Westside Development Area This Public Transportation Grant Agreement Amendment will allow the Airport to complete environmental assessments for the Westside Development Area at the Treasure Coast International Airport. Under this grant, the Florida Department of Transportation (FDOT) will be providing funding in the amount of $40,000.00, with a $40,000.00 local match provided by St. Lucie County. The project will complete the environmental assessment of the area, allowing for the area to be better understood for future development. Staff recommended Board acceptance of the grant and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Grant and Grant Resolution Acceptance - Aerowest Taxiway Design This Public Transportation Grant Agreement Amendment is for the design phase of the Aerowest Taxiway Design Project at the Treasure Coast International Airport. Under this grant, the Florida Department of Transportation (FDOT) will be providing funding in the amount of $500,000.00, with a $100,000.00 local match provided by St. Lucie County. The project will provide taxiway plans for the area and prepare for future development. Staff recommended Board acceptance of the grant and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 3. Grant and Grant Resolution Acceptance - Airfield Generator and Terminal Generator (Design) 4 1 P a g E BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM This Public Transportation Grant Agreement Amendment is for the design phase of the Airfield Generator and Terminal Generator project at the Treasure Coast International Airport. Under this grant, the Florida Department of Transportation (FDOT) will be providing funding in the amount of $60,000.00, with a $15,000.00 local match provided by St. Lucie County. The project will generate plans for a new airfield generator for the airfield lighting and signs, as well as plans for a terminal generator. Staff recommended Board acceptance of the grant and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Grant and Grant Resolution Acceptance - Design Southside Road Extension This Public Transportation Grant Agreement Amendment is for the design phase of the Southside Road Extension at the Treasure Coast International Airport. Under this grant, the Florida Department of Transportation (FDOT) will be providing funding in the amount of $60,000.00, with a $15,000.00 local match provided by St. Lucie County. The project will complete the design phase for the Southside road extension located at the southern portion of the Airport. This extension will connect Curtis King Blvd with Tailwind Drive. Staff recommended Board acceptance of the grant and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. Grant and Grant Resolution Acceptance - Security Perimeter Fencing Project Phase 2 This Public Transportation Grant Agreement is for the second phase of the Airport's Security Perimeter Fencing Project at Treasure Coast International Airport. Under this grant, the Florida Department of Transportation (FDOT) will provide funding in the amount of $500,000.00, with a $125,000.00 local match provided by St. Lucie County. The project will address the outstanding fencing and access gate improvements required for PART 139, Commercial Service Airports. Staff recommended Board acceptance of the grant and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. COUNTY ATTORNEY BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM 1. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Family Stations, Inc. - Parcel ID 1431-701-0061-000-4 Staff recommended the Board approve the Contract for Sale and Purchase from Family Stations, Inc., 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, Florida. Adopted by Consent Vote 2. Revocable License Agreement - 5495 McDonnell Drive - Lakewood Park - Unit No. 12 - Kellie Block - Parcel ID 1301-614-0181-000-4 Ms. Block is requesting a Revocable License Agreement to be allowed to install a 4' chain - link fence with gates within the County's 10' Drainage/Utility Easement. She understands if the County Engineer determines the fence and gates are causing flooding, drainage problems, or for other needs in the area, the fence and gates will need to be removed or relocated at her expense. Engineering, 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. Block pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Donald and Brittany Nixon - Parcel ID 1431-701-0196-000-9 Staff recommended the Board approve the Contract for Sale and Purchase from Mr. and Mrs. Nixon, 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, Florida. Adopted by Consent Vote 4. Revocable License Agreement - 409 E Coconut Avenue - River Park - Unit 2 - Jeremiah Giving's, Jr. - Parcel ID 3419-510-0017-000-3 Mr. Giving's is requesting a Revocable License Agreement to be allowed to install a 5' chain -link fence and gate along the North side of his property within the County's 6' Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Official Records Book 224 Page 453. He understands if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at his expense. 6 1 P a g e BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM 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. Giving's pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Revocable License Agreement - 6702 Penny Lane - Lakewood Park - Unit 9 - Arleen Francis Galvin - Parcel ID 1301-611-0210-000-8 Ms. Galvin is requesting a Revocable License Agreement to be allowed to install a 6' vinyl fence within the County's 10' Drainage/Utility Easement. She understands if the County Engineer determines the fence is causing flooding, drainage problems, or for other needs in the area, the fence will need to be removed or relocated at her expense. Engineering, Road & Bridge, and Water Quality have reviewed the License Agreement and have no objections. Staff recommended the Board approve the Revocable License Agreement, authorize the Chair to sign the agreement, and direct Ms. Galvin pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Herbert Rochester Holdings, LLC - Parcel ID 1431-802-0012-000-6 Staff recommended the Board approve the Contract for Sale and Purchase from Herbert Rochester Holdings, LLC, 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, Florida. Adopted by Consent Vote 7. Resolution - Accepting a Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan from Hopper Coconut, LLC. - Parcel ID 1405-320-0002-000-3 On July 12, 2005, the Board of County Commissioners approved Resolution No. 2005-144, granting final Planned Unit Development approval for a project known as Coconut Cove, subject to conditions. The developer was required to present plans indicating all areas of impact to the endangered plant species, including but not limited to the Lakela's Mint. On November 2, 2021, Coconut Cove submitted an application for a major adjustment to 7 1 P a g e BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM a major site plan. The plans were reviewed by the Environmental Resources Department (ERD), and ERD determined that Lakela's Mint was never placed under a Conservation Easement. The developer would like to move forward with the project and has submitted the attached Conservation Easement for review and acceptance. Attached for your review and acceptance is the Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan. Staff recommended the Board accept the Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan from Hopper Coconut, 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 8. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Wathson and Siline Desir- Parcel ID 1431-701-0162-000-2 Staff recommended the Board approve the Contract for Sale and Purchase from Mr. and Mrs. Desir, 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, Florida. Adopted by Consent Vote 9. Contract for Sale and Purchase - Harmony Heights Stormwater Improvements - Linda T. Parry Living Trust - Parcel ID 1431-701-0256-000-8 Staff recommended the Board approve the Contract for Sale and Purchase from Ms. Parry, 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 Florida. Adopted by Consent Vote 10. Sovereignty Submerged Lands Easement Renewal - Easement No. 00311 (4176-56) - South 25th Street located in Sections 32 and 33, Township 35 South, Range 40 East On March 17, 1992, the Board of County Commissioners approved a Sovereign Submerged Lands Easement with the Board of Trustees of the Internal Improvement Trust Fund for a period of 30 years for public transportation purposes. The attached Sovereignty Submerged Lands Easement Renewal will allow the County to continue use of this area for public transportation purposes as required in the Florida Department of Environmental Regulation Permit No. 561835888. The effective date of this renewal will be January 30, 2022, through January 30, 2072. Staff recommended that the Board approve the Sovereignty Submerged Lands 8 1 P a g e BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Easement Renewal; authorize the Chair to sign the renewal; direct staff to return the renewal to the Board of Trustees of the Internal Improvement Trust Fund for signature and record in the public records of St. Lucie County, Florida. Adopted by Consent Vote 11. Resolution - Accepting a Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan from Coconut Cove REO, LLC. - Parcel ID 1405-320-0005-000-4 On July 12, 2005, the Board of County Commissioners approved Resolution No. 2005- 144, granting final Planned Unit Development approval for a project known as Coconut Cove, subject to conditions. The developer was required to present plans indicating all areas of impact to the endangered plant species, including but not limited to the Lakela's Mint. On November 2, 2021, Coconut Cove submitted an application for a major adjustment to a major site plan. The plans were reviewed by the Environmental Resources Department (ERD), and ERD determined that Lakela's Mint was never placed under a Conservation Easement. The developer would like to move forward with the project and has submitted the attached Conservation Easement for review and acceptance. Attached for your review and acceptance is the Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan. Staff recommended the Board accept the Conservation Easement and Lakela's Mint Relocation Plan and Preserve Area Management and Monitoring Plan from Coconut Cove REO, 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 12. First Amendment to the New Horizons Jail Diversion Contract Staff recommended that the Board approve the first amendment to the New Horizons Jail Diversion Contract as drafted by the County Attorney and authorize the Chair to sign the amendment. Adopted by Consent Vote 13. Ratification of Commission Appointments to Boards and Committees for 2021/2022 01 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Staff recommended that the Board ratify various appointments made by the Chair. Adopted by Consent Vote 14. Appointments by the Chair for Commissioners to Serve on Boards & Committees for One -Year Terms Staff recommended that the Board ratify the various appointments made by the Chair for Commissioners to serve on various boards and committees for one-year terms. Adopted by Consent Vote 1. Award of Bid No. 21-064 Purchase of Bus Shelters. The St. Lucie County Transit Division receives annual allocation grants from Federal and State agencies to provide funding for capital investments. The purchase and installation of bus shelters provides enhanced safety and security for passengers and the public transportation network. On June 20, 2021, an invitation to bid was advertised by the County's purchasing department. Ninety-six companies were notified, fourteen bid documents were distributed, and four bids were received. The bids were received on July 14, 2021. The attached tabulation sheet contains the bid amounts, company information, and delivery timeframes. This bid is only for the purchase of bus shelters, not construction. Staff recommended Board approval for the purchase of bus shelters, award of bid # 21- 064 to Tolar Manufacturing Company, Inc. in the amount of $79,900.00, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Third Amendment to the Agreement Between Langton Consulting and St. Lucie County for Administration Services of the U.S. Treasury Emergency Rental Assistance Program Staff recommended Board approval of the Third Amendment to C21-02-095 between St. Lucie County and Langton Consulting, subject to legal form and correctness as approved by the County Attorney, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote E. ENVIRONMENTAL RESOURCES 10 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM 1. Oxbow Eco-Center Outdoor Learning Improvement Project - Phase I Staff recommended Board approval to expend impact fee monies in the amount of $175,000.00 for the Oxbow Eco-Center's Outdoor Learning Improvement Project, phase I. The Oxbow Eco-Center is listed on the Park Impact Fees interlocal agreement. Phase I would include a new outdoor classroom and pavilion offering enhanced opportunities for programming, events, passive learning through interactive exhibits and family gatherings. Adopted by Consent Vote F. FACILITIES 1. Award of Bid No. 21-055 - Elevator Repair and Maintenance for County Facilities Staff recommended Board approval to award Bid No. 21-055 Elevator Repair and Maintenance for County Facilities to Oracle Elevator Holdco., Inc. in the amount of $29,760.00 per year for an initial term of two years and two 1-year renewal options, authorize the Chair to sign the contract as approved by the County Attorney. Adopted by Consent Vote G. HUMAN RESOURCES 1. Medcom Service Agreement to Authorize the Delivery of 1094-C and 1095-C Forms to Employees and the Completion of Affordable Care Act Reporting as Required to meet the IRS Deadline Staff recommended the Board ratify the 2019 renewal and approve the new Medcom ACA Services Agreement as approved by the County Attorney and authorize the Chair to sign. Adopted by Consent Vote H. PARKS & RECREATION 1. White City Park Shoreline Stabilization Phase I - Grant Acceptance $49,150.00 FIND Grant Staff recommended Board approval and acceptance of matching FIND grant ($49,150.00) project number SL-21-70. Adopted by Consent Vote 2. Award RFP No. 21-082 - Rental of Canoes and Kayaks for St Lucie County Parks & Recreation Staff recommended Board approval to award RFP No. 21-082 to St Lucie County Canoe & Kayak Inc., located at River Park Marina 500 E. Prima Vista Blvd., Port St Lucie, FL, 34983. 11 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Adopted by Consent Vote 3. Award of Bid No. 21-079, Construction of four new Pickleball Courts at Lakewood Park Regional Park $99,990.00 Staff recommended Board approval to award Bid No. 21-079 to Nidy Sports Construction for the construction of four new pickleball courts at Lakewood Park Regional Park in the amount of $99,990.00 and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote I. PUBLIC SAFETY 1. DR 4337 (Hurricane Irma) PW4119 Final Inspection Report (FIR) Approval Staff recommended the Board to approve the Final Inspection Report (FIR) and authorize the Chair to sign the final inspection report. Adopted by Consent Vote 2. DR4337 (Hurricane Irma) PW3259 Final Inspection Report (FIR) Approval Staff recommended the Board to approve the Final Inspection Report (FIR) and authorize the Chair to sign the final inspection report. Adopted by Consent Vote J. PUBLIC UTILITIES 1. St. Lucie County - Vero Beach Potable Water System Interconnect - Third Amendment to Work Authorization No. 11 - Contract C17-10-792 with CDM Smith, Inc. Staff recommended that the Board approve the third amendment and authorize the Chair to sign the third amendment. Adopted by Consent Vote K. PUBLIC WORKS 1. Lakewood Park Stormwater Improvements RFQ No. 21-069 Staff recommended the Board waive section 2.3.13, the policy rendering consultants who complete a feasibility study or modeling analysis ineligible to participate in design plans preparation for Lakewood Park Stormwater Improvements. Adopted by Consent Vote 12 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM 9. PUBLIC HEARINGS A. ADMINISTRATION 1. BOCC Redistricting - ATTACHMENT ADDED Mark Satterlee, Deputy County Administrator, presented this item to the Board. Every ten years in the year after the United States Decennial Census, counties in Florida are required by the Florida Constitution and Florida Statutes to examine the results of the Census and rebalance commission districts by population. The population of St Lucie County has increased by more than 50,000 people since the 2010 Census. The County's population from the 2020 Census is now 329,226, up from 277,789 in 2010. The growth that has occurred within the City of Port St Lucie has increased to 201,851 residents in 2010 at 164,203, a 22.9% increase. Overall, the County's population increased by 18.5%. Each new district will be approximately 65,845 people, with 10,000 more people per district. The percentage changes for each municipality in the unincorporated : 2021 & 2020 CENSUS RESULTS 2010 2020 % Change Fort Pierce 41,942 47,297 12.8% Port St Lucie 164,203 201,851 22.9% St Lucie Village 590 613 3.9% St Lucie County 71,054 79,465 11.8% Total 277,789 329,226 18.5% Staff has prepared three draft redistricting map scenarios for the Board to select from and adopt as the new Commission district map. Staff initially prepared five scenarios and presented them to the Board at the Informal Meeting on October 12, 2021. In that meeting, the Board had a consensus on reducing the number of scenarios to three (3). Staff also staged an open house for the public to see the three (3) scenarios in the Commission Chamber on November 4, 2021. Each scenario was posted on the County's website in mid -October. Public comment has been somewhat limited and received as part of the backup schedule. Consistent with the 2011 redistricting process, public comment has primarily included North and South Hutchinson Island in the same commission district. Also, consistent with the 2011 redistricting process, the St Lucie County School District has indicated a desire to have their districts mimic the Board of County Commissioners Districts. To that end, each scenario maintains the school board members in their current districts. Adoption of the new commission districts does not require a public hearing. However, consistent with policy, staff has placed the item on the agenda as a public 13 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM hearing. State statute provides some additional rudimentary steps to which the County must adhere in the adoption process. In adopting new districts, the Board must also: • Enter an accurate description of the new boundaries as changed into the Board meeting minutes. The County Surveyor has created descriptions of the new districts. • Publish a certified copy of the proposed new districts at least once each week for two consecutive weeks in a local newspaper. • Include proof of such public in the Board meeting minutes. Once these additional steps are accomplished, a notice of the new district boundaries must be provided to the Florida Department of State with a certified copy of the Board meeting minutes reflecting the changed description of the district boundaries. Staff recommended the Board select one of the three (3) redistricting scenarios provided in the agenda item. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Dr. Michael Reardon • Jeri Bullock • Craig Mundt • Eduardo Gomez • Martin Sanders With no one else wishing to address the Board, Chair Mitchell closed the public hearing. The Board discussed the various potential scenarios for approval. It was also stated the School Board would potentially adopt the same redistricting map as the County, but they still have an option to choose another scenario. A motion was made to adopt and approve the redistricting map scenario one (1) of staff recommendations, and it tied (2) to (2). RESULT: TIED MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Frannie Hutchinson, Cathy Townsend NAYS: Sean Mitchell, Chris Dzadovsky EXCUSED: None A motion was made to adopt and approve the redistricting map scenario two (2) of staff 14 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM recommendations, and it failed (3) to (1). RESULT: FAILED MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky NAYS: Sean Mitchell, Frannie Hutchinson, Cathy Townsend EXCUSED: None A motion was made to approve staff recommendation to continue the item to the uecember 14, LUL1, Keguiar meeting agenaa, ana it passea unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Frannie Hutchinson, Cathy Townsend, Sean Mitchell, Chris Dzadovsky NAYS: EXCUSED: None L. 4191111L1ItW&AIto]:]L1IWA Resolution No. 21-414 - Designating the position of Assistant County Attorney III in the Florida State Retirement System's Senior Management Service Class Daniel McIntyre, County Attorney, presented this item to the Board. The Florida Retirement System (FRS) was established in 1970. The membership of the FRS is divided into five membership classes, including the Senior Management Service Class, which was established in 1987. In order to be included in the Senior Management Service Class, a position needs to be full-time nonelective, managerial, or policy -making filled by employees who serve at the pleasure of the Board without civil service protection, lead organizational units, or have a responsibility to effect or recommend personnel, budget expenditure, or policy decisions in their area of responsibility. There are five (5) current County positions in the Senior Management Class. State law requires that a notice be published once a week for two weeks before the meeting where the item is considered. In 2020, a Classification, Compensation, and Benefits Study prepared by Cody & Associates, Inc. recommended that the position of Assistant County Attorney III be included in the Florida Retirement Systems' Senior Management Class. The Board approved permission to advertise on November 16, 2021, and Notice of Intent was published in the local newspaper on November 23 and 30, 2021. The annual cost of this change is estimated to be $45,651.95. The impact of the Fiscal Year 2021-2022 Budget will be reduced as it will only affect part of the fiscal year. The County Attorney's operating budget will cover the additional costs. Staff recommended approving the resolution and 151Page BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM authorizing the Chair to sign the resolution. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. h IIIVIIVII VVCIJ IIIClUt= lV CY f.J f.JI VVC 3LClll I CI.V I III I ICI I UCYL I V I I J, CI I I f.JCI3Z0= I U I I CI I I I I I I VU.31Y. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Comprehensive Plan Amendment - Implementation of the 10-Year Water Supply Facilities Work Plan Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. The South Florida Water Management District (SFWMD) prepared the original Upper East Coast (UEC) Regional Water Supply Plan in 1998. In 2005, the Florida Legislature strengthened the requirements for water supply planning and required local governments to adopt a 10-year water supply and incorporate it into the local government's Comprehensive Plan. St. Lucie County's 10-year Water Supply Facilities Work Plan was adopted in 2008 and was subsequently updated in 2014. On October 5, 2021, the Board of County Commissioners requested to continue the item to the November 2, 2021 Board of County Commissioners meeting to allow staff and the consultant to complete the updated project list. On November 2, 2021, the Board of County Commissioners requested to continue the item to the December 7, 2021 Board of County Commissioners meeting to allow the County's Consultant DDM Smith time to update the project list within the Comprehensive Plan Amendment. Staff recommended the Board continue the proposed ordinance to January 11, 2022, BOCC meeting at 6:00 PM or as soon thereafter as the item may be heard, to allow the County's Consultant CDM Smith time to satisfy the newly submitted comments from South Florida Water Management District and incorporate the recently adopted 2021 Upper East Coast Water Supply Plan within the SLC Work Plan. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. Commissioner Hutchinson and Commissioner Townsend stated they would no longer 16 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM support any more continuances on this item. A motion was made to approve the staff recommendation to continue the item to the january 11, zutt meeting, ana it passes unanimousiv. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 2. Leonhard Class A Mobile Home Permit, within the AG-1 Zoning District at 9710 Russos Road in Fort Pierce - THIS ITEM IS QUASI-JUDICIAL This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Absent Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Tahir Curry, Planning & Development Services Associate Planner, presented this item to the Board. According to the Land Development Code Section, the applicant, Eric Leonhard, is requesting approval to define a 28' X 44' Class A Mobile Home as a single-family guest house dwelling unit within the Agricultural - 1 (AG-1) Zoning District 11.05.02. Following public notice requirements outlined in the St. Lucie County Land Development Code, a public notice was advertised in the St. Lucie County News Tribune on November 24, 2021. Notices were mailed to 11 surrounding property owners within 500-feet of the subject property, and a sign was posted on the property. The Planning Department received no response to the Mobile Home Petition. The home meets the following: • The width of the proposed mobile home is 28 feet, which exceeds the twenty (20) foot minimum horizontal dimension requirement in that of other residential zoning districts. • The proposed mobile home roof pitch is approximately 3/12. • The roofing materials consist of black shingles. • The exterior materials consist of vinyl siding (brown color). This petition conforms to the standards of review outlined in St. Lucie County Land Development Code Section 11.05.02(E). It is consistent with the St. Lucie County 17 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Comprehensive Plan goals, objectives, and policies. Staff recommended the Board approve this Class A Mobile as a detached single-family dwelling unit within the Agricultural - 1 (AG- 1) Zoning District. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Eric Leonhard With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None Arcosa Conditional Use Petition - THIS ITEM IS QUASI-JUDICIAL The applicant is seeking approval of a Conditional Use petition to allow concrete manufacturing as a permitted use within the proposed Planned Non -Residential Development (PNRD) to be known as Arcosa. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz -Absent Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Kristopher McCrain, Planning & Development Services Associate Planner, presented this item to the Board. Engineering Design and Construction, Inc. submitted a Conditional Use Petition by C&C Family Groves and White City Grove Inc to allow concrete manufacturing as a permitted use within the proposed Arcosa Planned Non -Residential Development. Under public notice requirements outlined in Section 11.00.03 of the St. Lucie County Land Development Code, advertisements for these Public Hearings were advertised in the St. Lucie Tribune on Wednesday, November 24, 2021. In addition, notices were mailed to adjacent property owners within 500 feet of the subject properties. Two (2) signs were 181Page BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM placed at the intersection of Favorite Road and Selvitz Road, and the second sign was placed on the subject property. The 38.05-acre project site is located on the north side of the unimproved Favorite Road right-of-way, situated approximately 300 feet east of Post Office Road and 300 feet west of Selvitz Road in Fort Pierce. According to the St. Lucie County Comprehensive Plan, the subject parcels are identified as the Cassens Mixed Use Activity Area and are restricted to Industrial land uses. The Comprehensive Plan further requires future development approval through the Planned Non -Residential Development process. It includes appropriate open space and buffers adjacent to residential uses and environmental conditions, and access is provided from the west via Favorite Road. The submitted preliminary plan identifies a 77,750 square foot manufacturing facility with an enclosed silo and aggregate storage bins, a 4,000 square foot office, and an approximate 10.5-acre laydown yard for the finished product. Associated site improvements include: • Improvements to the Favorite Road Right -of -Way from Post Office Road to provide site access • Inclusive of a 5-foot Right -of -Way dedication and Water and Wastewater connections with the Fort Pierce Utilities Authority • Vehicular use, parking, and loading area improvements • On -site stormwater management, including dry detention and a 5.5-acre pond • And required an 8-foot-tall opaque fence and associated landscaping According to the applicant, the office will employ 6-7 people, while the manufacturing plant will employ 25-30 over two (2) shifts of 10-15 employees with hours of operation between the hours of 7:00 AM and 6:00 PM Monday through Friday, with occasional weekend shifts for maintenance. Deliveries are scheduled between 8:00 AM and 5:00 PM Monday through Friday. The typical length of the poles is between 80-100 feet, and they manufacture approximately 6-7 poles per day, with approximately 10-12 poles delivered per week. The Planned Non -Residential Development & Conditional Use Permit shall comply with the County's noise ordinance. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to reduce the spread of dust particles on adjacent properties. All on -site crane and forklift equipment shall be equipped with a White Noise Back -Up Alarm, approved by the Occupational Safety & Health Administration (OSHA). Before final minor site plan approval, the applicant shall provide an acceptable Turn Analysis and Truck Movement Plan for review and compliance with south -bound turn movements onto Post Office Road from the subject site. Before issuing a Vegetation Removal Permit or Exemption, whichever occurs first, a 100% gopher tortoise survey conducted by a state -certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be required. Before 191Page BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM issuing a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Staff recommended that the Board of County Commissioners grant approval for the Conditional Use petition to allow concrete manufacturing within the proposed Planned Non -Residential Development (PNRD) known as Arcosa. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. • Brad Currie • Larry Price • Chip Chandler With no one else wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 4. Arcosa Preliminary Planned Non -Residential Development (PNRD) Rezoning & Site Plan - The applicant is seeking preliminary approval of a Planned Non -Residential Development Site Plan known as Arcosa. The preliminary site plan proposes a 77,750 square foot concrete manufacturing facility, a 4,000 square foot office, and associated site improvements. Kristopher McCrain, Planning & Development Services Associate Planner, presented this item to the Board. Engineering Design & Construction, Inc. submitted a Conditional Use, Planned Non -Residential Development (PNRD) Rezoning & Preliminary Site Plan petition on behalf of C&C Family Grove, LLC. The proposal seeks approval of a Planned Non - Residential Development (PNRD) Rezone from Agricultural, Residential-1du/ac (AR-1 ). The Planned Non -Residential Development Zoning District (PNRD) and associated preliminary development site plan for a 77,750 square foot concrete manufacturing facility, 4,000 square foot office, & associated site improvements. A concurrent Conditional Use petition requests concrete manufacturing as an allowable use within the Arcosa PNRD. Following public notice requirements outlined in the St. Lucie County Land Development Code, advertisements for these Public Hearings were 20 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM advertised in the St. Lucie Tribune on Wednesday, November 24, 2021. In addition, notices were mailed to adjacent property owners within 500 feet of the subject properties. Two (2) signs were placed at the intersection of Favorite Road and Selvitz Road, and the second sign was placed on the subject property. The 38.05-acre project site is located on the north side of the unimproved Favorite Road right-of-way, situated approximately 300 feet east of Post Office Road and 300 feet west of Selvitz Road in Fort Pierce. According to St. Lucie County Comprehensive Plan, the subject parcels are identified as the Cassens Mixed Use Activity Area and are restricted to Industrial land uses. The Comprehensive Plan further requires future development approval through the Planned Non -Residential Development process. It includes appropriate open space and buffers adjacent to residential uses and environmental conditions, and access is provided from the west via Favorite Road. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to reduce the spread of dust particles on adjacent properties. All on -site crane and forklift equipment shall be equipped with a White Noise Back -Up Alarm, approved by the Occupational Safety & Health Administration (OSHA). Staff recommended that the Board of County Commissioners grant approval for the Conditional Use petition to allow concrete manufacturing within the proposed Planned Non -Residential Development (PNRD) known as Arcosa. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. ri IIIVLIVII VVdJ IIIdUC LV CIPf I VVC JLd1I ICl VIIIIIICIIUdLIVIIJ, dIIU IL f.1d JJCU U IId111111VUJl Y. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 5. Travelcamp Small -Scale Future Land Use Map Amendment - Petition for a small scale amendment to the Comprehensive Plan Future Land Use Map to redesignate the southern 1.75-acre portion of the subject parcel from T/U (Transportation/Utilities) to the COM (Commercial) Category. Kristopher McCrain, Planning & Development Services Associate Planner, presented this item to the Board. Under public notice requirements outlined in Section 11.00.03 of the St. Lucie County Land Development Code, an advertisement for this Public Hearing was placed in the St. Lucie Tribune on Wednesday, November 24, 2021. In addition, notices were 21 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM mailed to adjacent property owners within 500 feet of the subject property, and a sign was placed on the subject property. The petition pertains to the 4.95-acre vacant parcel on the east side of U.S. Highway 1, situated approximately 800 feet south of Easy Street and the Indian River Estates Residential Subdivision. The Commercial General Zoning District designates the subject property. However, the property has split future land use designations. The Commercial Future Land Use designates the northern portion and the southern 1.75-acres designated by the Transportation/Utilities Future Land Use. The petition for an amendment to the Future Land Use Map will provide a uniform Commercial Future Land Use designation across the entire parcel while also providing compatibility for the existing Commercial General Zoning District. On October 5, 2021, the Board of County Commissioners held the Public Hearing for the 1st Reading, and the Board authorized staff to transmit the proposed Comprehensive Plan amendment to the Department of Economic Opportunity and corresponding agencies, where it was reviewed and determined to have no impact on the surrounding area. Staff recommended that the Board approve the small-scale Future Land Use Map Amendment from Transportation/Utilities to the Commercial Future Land Use designation. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. H IIIULIUII VVd.'j IIIdUC LU CIPPI UVC JLdll I CL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIY. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 6. County Initiated a Comprehensive Plan Amendment to Include a New Element Entitled Property Rights - Legislation was passed this year that requires each local government to adopt a property rights element as a part of their comprehensive plan. ADOPTION HEARING Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. The House Bill 59 — Growth Management requires all local governments to have a Property Rights Element included in their comprehensive plan. Due to new legislative mandates, effective July 1, 2021. In particular, the legislation modified Chapter 163.3177 of the Florida Statutes to add a Property Rights Element as one of the required elements in all Comprehensive Plans. The legislation also limits the ability to adopt any other Comprehensive Plan amendments initiated after July 1, 2021, from being adopted until the Property Rights Element is adopted. The State defines amendments initiated after 221Page BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM July 1, 2021, as those amendments which had their first public hearing, in our case a Planning and Zoning Commission hearing, after that date. On November 17, 2021, staff received correspondence from DEC) identifying a comment related to adverse impacts to significant state resources and facilities within the Department's authorized scope of review. The Department's comment stated that before adoption, the proposed amendment must be revised to consider private property rights in all the County's local decision -making. The draft ordinance has been updated to reflect the revision as requested. On September 15, 2021, the Planning & Zoning Commission, acting as the Local Planning Agency, recommended unanimously, the Board of County Commissioners adopt a Comprehensive Plan Amendment to create a new element entitled Property Rights. The proposed Text Amendment is consistent with the standards of review outlined in St. Lucie County Land Development Code Section 11.06.03 and the St. Lucie County Comprehensive Plan Goals, Objectives, and Polices. Staff recommended the Board approve the adoption of Ordinance 2101-43 to the Comprehensive Plan Text Amendment to the Florida Department of Economic Opportunity (DEO) to create a new element entitled "Property Rights." Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 7. WaWa Midway & Selvitz Preliminary Planned Non -Residential Development (PNRD) Rezoning & Site Plan - THIS ITEM IS QUASI-JUDICIAL The applicant is seeking approval of a Planned Non -Residential Development Rezoning and Preliminary Site Plan to be known as WaWa Midway & Selvitz (PNRD). This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. 23 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Commissioner Linda Bartz -Absent Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. WaWa Florida, LLC, represented by David Baggett, PE, of Engineering Design & Const., Inc., applied on August 6, 2021, for a change in zoning to Planned Non - Residential Development (PNRD) and Preliminary Site Plan to develop a retail convenience store, with alcohol sales and outdoor seating, including a fueling station and canopy on a 6.02-acre parcel land within the WaWa Midway and Selvitz Road. The plan incorporates a two (2) lot subdivision for a future development site for Neighborhood Commercial orientated retail or service adjacent to the proposed retail store and fueling station. Following public notice requirements outlined in the St. Lucie County Land Development Code, advertisements for these Public Hearings were advertised in the St. Lucie Tribune on Friday, November 26, 2021. In addition, notices were mailed to adjacent property owners within 500 feet of the subject properties. Two (2) signs were placed on the subject property, one at Midway Road and the second on Selvitz Road. The submitted preliminary plan identifies a 5,820 square foot convenience store with alcohol sales and outdoor seating, a canopy that includes eight (8) gasoline pumps with 16 fueling positions, and associated site improvements including: • On -site stormwater retention area • Water and Wastewater connections with Fort Pierce Utilities Authority • 8-foot-tall opaque fence • 23% open space provided, with only 20% required The applicant held a neighborhood meeting regarding the subject petition on July 8, 2021, and approximately 15 residents attended. The residents to the north expressed concerns to the applicant regarding maintaining the existing tree canopy to buffer noise and light pollution, and the representative agreed. The proposed Planned Non - Residential Development (PNRD) Rezone & Preliminary Site Plan conform to the Standards of Review outlined in St. Lucie County Land Development Code Sections 11.06.03 & 11.02.07 consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive. Staff recommended the Board approve the Planned Non - Residential Development and Preliminary Site Plan known as WaWa Midway & Selvitz PNRD. Chair Mitchell opened the hearing for public comment at this time. The following people addressed the Board. 24 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM • Brad Currie • David Bagot • Scott Carney With no one else wishing to address the Board, Chair Mitchell closed the public hearing. There was a discussion amongst the Board and the applicant representative regarding the perimeter lighting plan, intersection adjustments, and the surrounding trees on the site, and they agreed to have ten (10) trees on each side of the development 30 feet apart. A motion was made to approve staff recommendations under the discussed conditions, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 8. MMR RV Park Planned Non -Residential Development (PNRD) Rezoning & Preliminary Site Plan - THIS ITEM IS QUASI-JUDICIAL The applicant is requesting to rezone a 16.97-acre parcel of land, with a current zoning designation of Commercial, General (CG) to the Planned Non -Residential Development (PNRD) Zoning District & Preliminary Site Development Plan for an eighty (80) lot recreational vehicle park, with amenities. This public hearing was Quasi -Judicial, and the commissioners made the following disclosures regarding this item: Commissioner Frannie Hutchinson - Spoke with staff only. Commissioner Linda Bartz - Absent Commissioner Chris Dzadovsky - Spoke with staff only. Commissioner Cathy Townsend - Spoke with staff only. Chair Sean Mitchell - Spoke with staff only. Jodi Nentwick-Kugler, Planning & Development Services Senior Planner, presented this item to the Board. Friends I, LLC, represented by Bradley Currie of Engineering Design & Construction Inc., 25 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM applied on May 7, 2021, for a change in zoning from, Commercial to General to Planned Nonresidential Development (PNRD) and a preliminary site plan to develop a recreational vehicle (R.V.) park at North US Hwy. 1 and Turnpike Feeder Rd., north of Kings Highway. The project, known as MMR RV Park, proposes a gated 80-site R.V. park, with a 2,176 SF office and 2,690 SF clubhouse, with pool and associated site improvements. Staff recommended that the Board approve the item's continuance until the January 11, 2022 Board of County Commissioners meeting. Chair Mitchell opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Mitchell closed the public hearing. A motion was made to approve the staff recommendation to continue the item to January 11, 2022, Rt:-gUldf IVICCLIIIg, dflU IL PdJJCU UIIdIIIIIIUUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 8:28 PM - Recess taken 8:42 PM - Meeting reconvened 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Request for Qualifications for Airport MRO Hangar and Expanded Development Opportunities, Including Fixed Base Operations - ITEM AMENDED Daniel McIntyre, County Attorney, Robert Alfret, Consultant, and Stan Payne, Director of Air & Sea Port, presented this item to the Board. On November 2, 2021, the Board approved the following staff recommendations regarding RFP No. 21-070 for the MRO Hangar and Expanded Development Opportunities. As directed by the Board, the staff, in conjunction with the special counsel, has prepared a drafted Request for Qualifications (RFQ). The RFQ includes opportunities explicitly for : • The Lease and Operation of the 28,500 Square Foot Hangar and related facilities • Fixed Base Operations • Development of Airfield Parcels This Request for Qualifications (RFQ) is the first step in a multi -step procurement process. The shortlisted proposers were invited to submit formal proposals during the Request for 26 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Proposals step. A full description of the multi -step process will be set forth. Given the various possible uses of the facilities and premises described and available to proposers, the County reserves the right to award a contract to more than one Proposer. Based on the evaluation, and Board's directives, County Staff and legal counsel have developed a two-step procurement process that starts with a Request for Qualifications (RFQ) and ends with a Request for Proposal (RFP). Providing for a more significant industry interaction with the County and greater opportunity for engagement and evaluation of proposals. The procurement has been designed broadly to accommodate various development opportunities for the MRO Hangar and additional parcels of land available for development and to include FBO opportunities. The FBO standards could be specific to any proposer, and the procurement places the onus on the proposers to identify any standards that it cannot meet or affect operations and propose an alternative for consideration that remains in the sole discretion of the County to reject or accept. As there are multiple development options under this procurement, the procurement allows for an award to more than one Proposer, to the extent that multiple proposals are compatible and not in conflict. The procurement process will yield a ranking of proposals from first to last, followed by negotiations with the top -ranked Proposer(s) to achieve a mutually -acceptable agreement. Staff will implement the following action plan for RFQ awareness: 1. Develop a media plan to submit a series of paid advertisements in selected media outlets 2. An email marketing campaign sent to decision -makers within the targeted industries 3. A press release sent to all media outlets within the targeted industry Staff intends to launch a paid advertising plan that announces RFQ in industry -specific media outlets (i.e., Aviation Week, Airport Business, Aviation International News, etc.). It is critical to get Treasure Coast International Airport's (TCIA) business opportunities in front of the right audience of decision -makers. The print and digital ads would also highlight TCIA's unique advantages. One of the fastest -growing communities in Florida as confirmed by the Census data and geographic advantages/road networks/etc. The Treasure Coast International Airport's (TCIA) accolades and assets highest rated customs, MRO activity, etc. Staff recommended that the Board direct staff advertise and solicit responses to the RFQ as finally reviewed and approved by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 27 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Opioid Litigation - Proposed Settlements from AmerisourceBergen, Cardinal Health and McKesson (collectively, "Distributors") and Janssen/Johnson & Johnson ("J&J") (collectively, "Settling Defendants") Daniel McIntyre, County Attorney, presented this item to the Board. St. Lucie County has filed suit against various companies, including the Distributors and Settling Defendants referenced above in what has been referred to as the "National Prescription Opiate Litigation." On November 18, 2021, the County Attorney received an email from the firm representing the County in the litigation. As indicated in the email, there are two "Participation Agreements" that the firm recommends the Board approve. The Florida Participation Agreements have been modified and are specific to Florida. The modification includes a condition in the Participation Agreements that makes the County's participation contingent on at least 95% of the applicable litigating subdivisions signing on to the proposed settlements. If an insufficient number of applicable litigating subdivisions do not participate in the proposed settlements, Florida could receive approximately 50% of the available payments from the Settling Defendants. By making the County's participation contingent on 95% of the applicable litigating subdivisions signing on to the proposed settlements, the County will only participate if Florida is entitled to receive at least 70% of the available payments from the Settling Defendants. The County's litigation team has asked the County to advise them by email of the County's position no later than January 2, 2022, about whether the County supports the proposed settlement. The County's litigation team believes that the proposed settlements represent a fair and equitable resolution of opioid-related claims against the Distributors and the Settling Defendants for the reasons stated in the email. Staff recommended that the Board approve the proposed participation agreements and authorize the Chair and County Attorney to cosign the agreements. ri 111ULIU11 wd�) 111dUC LU dPP[L)ve JLdl l 1 VLU111111C11Ud11U11�), d11U IL PdJ�)eU Ulld111111UUJly. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 3. Interlocal Agreement with Indian River County for Pretrial Services Joseph Cowan, Criminal Justice Director, presented this item to the Board. According to Interlocal Agreements, St. Lucie County has provided Pretrial Services to Martin and 281Page BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Okeechobee County for several years. Indian River County has requested that St Lucie County consider providing these services for Indian River. If adopted, the Interlocal Agreement would provide St. Lucie County Pretrial services in Indian River County. Also, under the terms of the proposed Interlocal Agreement, St. Lucie County will provide a full- time staff to run the office in Indian River County. Indian River County shall pay $35,800.00 to St. Lucie to cover initial start-up expenses. In addition to the start-up expenses, Indian River County shall pay St. Lucie $17,912.05 per month. The services will begin on or before April 1, 2022, and continue through September 30, 2022, after both counties approve the Interlocal Agreement. This Interlocal Agreement will have no negative fiscal impact on St. Lucie County. The funds collected from Indian River will offset our cost to operate the program. Funds will be moved to the appropriate revenue source for Indian River County through an internal line - to -line budget transfer. Staff recommended that the Board approve the proposed interlocal agreement drafted by the County Attorney and authorize the Chair to sign the agreement. H IIIULIUII VVd.'j IIIdUC LU CIPPI UVC JLdll I CL.UI I II I ICI IUdLIUI I.-J, dI IU IL PCIJ.-JCU UI ICII III I IUUJIy. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 4. Acceptance of the Donation of a 420-foot Barge, the Bridgeport, to be used as an Artificial Reef Caroline Valentin, Assistant County Attorney, presented this item to the Board. The County has an Artificial Reef Program that creates new reef systems that enhance the marine ecosystem, recreational fishing, and diving in the coastal waters adjacent to St. Lucie County. A donor arranged for the preparation and transportation of a barge as an artificial reef. The subject Barge, Bridgeport, is a 420-foot vessel inspected in Jacksonville and found clean of pollutants. The Barge had a short timeline to be deployed once it was inspected and approved by the U.S. Coast Guard and U.S. Army Corps of Engineers. The Barge owner is Moran Towing, and they transport the Barge to Fort Pierce at no cost to the County. The Barge will stay 13 nautical miles offshore and not enter the Fort Pierce Inlet. On November 29, 2021, the County Administrator signed an agreement setting forth the terms and conditions of the donation. The Barge was scheduled to be deployed on December 1, 2021. 29 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM Staff recommended the Board accept the donation of the 420-foot vessel to be used as an artificial reef and ratify the donation Agreement. H 111ULIU11 wdJ IndUe LU df. p[UVC JLdll 1CL.U111111C11UdL1UlIJ, d11U IL PdJJeU UIId11I111UUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 5. Resolution No. 21-428 - Consent to Merger of APP Properties, Inc. into an Affiliate of Ridgewood Infrastructure, LLC and the Resulting Change of Control of Fort Pierce FBO, LLC. - ADD ON Caroline Valentin, Assistant County Attorney, presented this item to the Board. The Fort Pierce FBO, LCC d/b/a APP Jet Center, the ground lessee at the Treasure Coast International Airport, has requested that the County consent to a merger of APP Properties, Inc. The sole member of Lessee, with R.W. Pegasus Holdings LLC, an affiliate of Ridgewood Infrastructure LLC, which consent to the merger is required under the terms of the Leases. The Board previously approved the merger on November 16, 2021, conditioned upon certain deficiencies being timely corrected as outlined in Resolution No. 21-392. After the Board's adoption, the merging parties requested that the County remove any conditions to the consent so that the merger could occur before the deficiencies being corrected, with the understanding that failure to correct the deficiencies as outlined in an agreed action plan would constitute a default under the Leases. Resolution No. 21-428 repeals Resolution No. 21-392 and provides consent to the merger outlined in Lessor's Consent to Merger. Staff recommended the Board adopt Resolution No. 21-428 consenting to the merger of APP Properties, Inc. with R.W. Pegasus Holdings LLC., and the resulting change of control of Fort Pierce FBO, LLC, and authorize the Chair to sign Lessor's Consent to Merger as approved by the County Attorney. H 11IULIUII wd�) 11IdUC LU df.J PIUVU JLdll 1ULU111111C11UdL1U11�), d11U IL PdJ�)eU Ulld111111UUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 30 1 BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM B. PUBLIC WORKS 1. Indian River Drive Traffic Safety Project Phase 1 Construction Don West, Public Works Director, and John Frank, Assistant Road and Bridge Director presented this item to the Board. The County has been working closely with the Indian River Drive residents to implement traffic calming strategies to address speed control on Indian River Drive. In 2018, a Traffic Calming Study was completed by the engineering firm, Kimley-Horn & Associates, to identify and evaluate various traffic calming techniques and strategies which could be suitable for use on Indian River Drive. In February 2021, the BOCC approved a design contract with Kimley-Horn & Associates to create design plans for traffic calming improvements for a Phase 1 Project. The Phase 1 plan will include the construction of selected elements recommended in the 2018 study. The limits of the Phase 1 Project will extend from Walton Road to Midway Road, approximately 6.2 miles in length. A town hall meeting was held on April 27, 2021, to discuss the various types of traffic calming improvements that the engineers recommended. The residents provided many public comments and spoke against audible pavement marking and rumble strips. During May -June, residential surveys were taken to solicit additional public input following the town hall meeting. Public comments and survey results were assembled in a report provided by the design team and the Commissioners. August 10, 2021, Informal BOCC meeting, staff presented the proposed design elements based on public input in the construction plans. The BOCC provided consensus directions to exclude some elements in the final design. All of the audible type pavement markings were eliminated from the design. The final design plans prepared by the Kimley-Horn engineers have taken into account most resident comments wherever possible, without compromising the overall roadway safety goals. A second town hall meeting was held on October 13, 2021, to present the final recommended design elements for residents to provide comments. Public Works staff is prepared to implement the safety improvements as recommended in the final construction plans. The presented document showed the specific improvements in the final Phase 1 construction plans. The tentative construction schedule shown in the presentation was prepared by our Road & Bridge staff in coordination with our continuing contract providers. Various sub -contractors will be used to construct specific elements of the overall project to expedite the construction, with Road & Bridge staff acting as Project Managers. The project budget will be established as follows: o Dynamic Speed Feedback Signs: $275,000 o Final Striping & Signage: $130,000 o Pavement Edge Drop -Off Repairs: $265,000 o Corridor Pavement Cape Seal: $600,000 31 1 P a g BOCC Regular Meeting Tuesday, December 7, 2021 6:00 PM o Total Project Budget: $1,270,000 Each provider will prepare individual contracts using our existing continuing contracts to expedite the construction process. Staff recommended Board approval of the project budget in the amount of $1,270,000.00 with project implementation and construction as outlined by staff above and authorization for the Chair to sign contract documents as approved by the County Attorney. H IIIULIUII VVdb IIIdUC LU C1[J f.11UVC JLd11 ICL.UIIIIIICIIUdLIU11J, dllU IL f.1d JJCU UIId111111VUJly. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Cathy Townsend NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 14, 2021, at 9 AM in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 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 With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:26 pm. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 32 1