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HomeMy WebLinkAboutMinutes 10.22.2019'�r c LUCE 11 L111(1 MEMO - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 22, 2019 1. CALL TO ORDER The meeting was called to order at 09:01 AM by District No. 3, Chair Linda Bartz Convened: 9:01 AM Adjourned: 10:48 AM Attendee Name Title Linda Bartz District No. 3, Chair Cathy Townsend District No. 5, Vice -Chair Status Present Present Chris Dzadovsky District No. 1 Present Sean P. Mitchell District No. 2 Present Frannie Hutchinson District No. 4 Absent Howard Tipton County Administrator Present Daniel S. McIntyre County Attorney Present Alice Sennott Recording Secretary Present 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Informal meeting of Tuesday, August 13, 2019. A motion was made to approve minutes and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM S. PUBLIC COMMENT (excluding Public Hearing Items) Chair Bartz opened the meeting for public comment at this time. The following individuals addressed the Board: • Diana Gregory, chair of the Treasure Coast Scenic Highway, promoted the Treasure Coast Scenic Highway. • Peter Buchwald, Director of the Transportation Planning Organization, expressed his support for the Treasure Coast Scenic Highway. • Hazel Hoylman presented Commissioner Dzadovsky with a book of photos taken by her camp's children. There being no one else wishing to address the Board, Chair Bartz closed public comment. 6. PROCLAMATIONS APPROVAL A. Resolution No. 19-207 - A proclamation celebrating "National Farm to School Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Bartz presented the proclamation to Bridget Lane, Regional Public Health Specialist with OF/IFAS Extension Family Nutrition Program; Ed Skvarch, OF/IFAS County Extension Director; Jenny Buntin, OF/IFAS Extension Program Manager; and Jennifer Muzzzin, St. Lucie County Schools Area Specialist. On behalf of the group, Ms. Lane thanked the Board and accepted it with gratitude. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None B. Resolution No. 19-212 - Recognizing the Port St. Lucie Business Women organization and proclaiming the third week of October 2019 as "National Business Women Week" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Bartz presented the proclamation to Angela Hayle, President of Port St. Lucie Business women, who thanked the Board and accepted it with gratitude. 2 1 P a g e BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None C. Resolution No. 19-213 - Proclaiming October 2019 as "Disability Employment Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Bartz presented the proclamation to Douglas Baber, Interim Director of St. Lucie County Human Resources, who thanked the Board for helping to get the coffee cart program going. Mr. Baber spoke about the opportunities created for students with the coffee cart program and about its success and spread to other locations. RESULT: MOVER: SECONDER AYES: NAYS: EXCUSED: 7. PRESENTATIONS ADOPT Commissioner District 2 Sean Mitchell Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend None None A. Recognition of Liberian Dignitaries Visit to St. Lucie County Chair Bartz asked for a motion to approve the recognition of the Liberian dignitaries visit to St. Lucie County. A motion was made to approve the recognition and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3 1 P a g e BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM Chair Bartz welcomed the the Liberian delegation from the Grand Bassa County Association to St. Lucie County and recognized the 12t" annual Retreat Day for the African Community on the Treasure Coast. She expressed the County's desire to work together in the future and cultivate their relationship with the African community. Members of the delegation included: • Jerome Gayman, President • A.B. Williams, Financial Secretary • Dolores Hogan -Johnson, Chair • Dr. Zachariah Gaye, Co -Chair • Mary Simmons, Board Member • Hon. Matthew F. Joe, Electoral District #3 House of Representatives • Hon. Thomas Goshua, Electoral District #5, House of Representatives • Dr. Samuel Monwell, President, Grand Bassa County Community College • Hon. Moses Haynes, City Mayor, Buchanan City Corporation On behalf of the delegation, Mr. Gayman spoke about the ways that the Grand Bassa County Association is learning about St. Lucie County and using that knowledge to model infrastructure and institutions in Liberia. He thanked the Chair and the Board for the opportunities provided. B. Hurricane Dorian Night Golf Fundraiser St. Lucie County staff members Doug Baber, Charlotte Bireley, and Edward Matthews made a presentation to the Board describing how they put on a "Night Golf" Tournament at Fairwinds Golf Course to raise funds to purchase water purifiers for first responders and residents in the Bahamas impacted by Hurricane Dorian. They raised $6,524.11, which enabled them to buy the two water purifiers. The surplus funds raised were donated to Missionary Flights International to help them with their Bahamas relief efforts. C. Bouchard Award Recognition Glen Henderson, St. Lucie County Mosquito Control Director, recognized the many years of service of Mr. Richard Bouchard, St. Lucie County Sr. Coastal Engineer. He shared that Mr. Bouchard had received a lifetime achievement award for beach management from the Florida Shore and Beach Preservation Association, and presented the award plaque to him. Mr. Bouchard thanked the Board and staff for the recognition. 4 1 P a g E BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant List 52 Adopted by Consent Vote B. ADMINISTRATION 1. 2019/2020 Treasure Coast Sports Commission Grant Agreements Adopted by Consent Vote C. AIR & SEA PORT 1. Grant Acceptance for FDOT RWY 14/32 Airfield Lighting and Signage Update Adopted by Consent Vote 2. Work Authorization No. 05 - Noise and Flight Track Monitoring Services (NOMS) Design Services Adopted by Consent Vote 3. Work Authorization No. 06 - AOA Fencing and Gates Security Improvements, Design, Bidding and Construction Administration Services Adopted by Consent Vote 4. Grant Acceptance and Budget Resolution for FDOT Runway 14/32 Microsurfacing Rehabilitation Grant Adopted by Consent Vote D. COMMUNITY SERVICES 1. Amended Purchase and Sale Agreement - Blue McNeil Two, LLC Adopted by Consent Vote 5 1 P a g e BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM E. COUNTY ATTORNEY 1. Permission to Advertise - Notice of Public Hearing - Abandon a portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East Adopted by Consent Vote 2. Revocable License Agreement - ATC Group Services - Installation of Monitor Well on Midway Road near Parcel ID 3403-244-0000-030-5 Adopted by Consent Vote 3. Permission to Advertise - Public Hearing on Proposed Ordinance 19-013 to Amend Chapter 6 (Animals) regarding Community Cats Adopted by Consent Vote 4. BJA 2019 Adult Drug Court Discretionary Grant Acceptance Adopted by Consent Vote S. Resolution - Right -of -Way corner clip donation on Jenkins Road and Loop Road - Parcel ID 2312-141-0002-000-2 Adopted by Consent Vote 6. 1920 Avenue D - Parcel ID 2409-602-0259-000-9 - Florida Department of Environmental Protection - Petroleum Restoration Program Adopted by Consent Vote 7. County Deed to Creekside Community Development District Adopted by Consent Vote �a�I► L���:Z���1�I:Z�I�� 1. Utilization of the St. Lucie County Employee & Family Health Care Center by Tax Collector Employees and Dependents Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Dori Slosberg Mini -Grant Awards Adopted by Consent Vote 2. Resolution - FY 2018-2019 Budget Amendment Adopted by Consent Vote 61PagF BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 3. Removal of Fixed Assets from Inventory Adopted by Consent Vote H. PARKS & RECREATION 1. Waiver for the Restoring Hope Ministries' Night of Thanksgiving Adopted by Consent Vote I. PLANNING & DEVELOPMENT SERVICES 1. Request to approve first amendment to contract with Joe Payne Incorporated for $150,000.00 for Private Provider Services for a Building Official Adopted by Consent Vote 2. Request Permission to Advertise - Notice of Public Hearing - Amend the Land Development Code to update the date of the Flood Insurance Study and Flood Insurance Rate Map,(FIRM) to February 19, 2020 for St. Lucie County, Florida and Incorporated Areas. Adopted by Consent Vote J. PUBLIC WORKS 1. Award Bid No. 19-072 - San Lucie Plaza Basin 2B Construction of Driveways - This project is funded by the Infrastructure Sales Tax Adopted by Consent Vote 2. Midway Road at Shinn Road Culvert Replacement and Midway Road at 2600 feet East of Shinn Road Culvert Replacement - Change Order No. 1 Adopted by Consent Vote 3. Midway Road at NSLRWCD C-92 and Midway Road at NSLRWCD C-93 Culvert Replacements - Change Order No. 1 Adopted by Consent Vote 4. Acceptance of FWC Artificial Reef Grant Award 19045 Adopted by Consent Vote 5. FWC Artificial Reef Grant Award 19045 - Budget Resolution Adopted by Consent Vote 6. Edwards Road FHWA - ER Funding Adopted by Consent Vote 7 1 P a g e BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM a K. SHERIFF'S OFFICE 1. Resolution - Authorization to accept the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Adopted by Consent Vote 2. Resolution - 2019 State Criminal Alien Assistance Program (SCAAP) Grant Adopted by Consent Vote 3. Resolution - 2019 Support for the Adam Walsh Act Implementation Grant Program Adopted by Consent Vote �1614111Vi%Fllh 1. Capital Lease - 2019 745-04 Caterpillar Articulated Truck Adopted by Consent Vote PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution - Public Hearing to abandon a 10' Utility and Drainage Easement as shown on the plat of Lakewood Park - Unit 12A - 6506 Palomar Parkway - Parcel ID 1301-615-0137- 000-4 JoAnn Riley, Property Acquisition Manager, presented this item. The Property Acquisition Division received a Petition for Abandonment from CSC Investments Property, LLC (CSC) to abandon a 10' Utility and Drainage Easement. In 1972 a duplex was built over the Utility and Drainage Easement. CSC and the Conran family have owned this property since June of 1977. In September of 2019 CSC had a contract to sell this property when it was discovered the Utility and Drainage Easement had not been abandoned. The plat dedicated the Utility and Drainage Easement to the public and pursuant to Florida Statute 336.10, St. Lucie County shall hold a public hearing and adopt a Resolution abandoning the Utility and Drainage Easement in order for CSC to convey clear title. Staff recommended the Board approve Resolution 2019-217. Chair Bartz opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Bartz closed the public hearing. A motion was made to approve the resolution and it was passed unanimously. 81PagF BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None B. PLANNING & DEVELOPMENT SERVICES 2nd Public Hearing - Second Amendment to Development Agreement with FVP Miami Lakes, LLC - Silver Oaks PUD This item was presented by Linda Pendarvis, Planning Manager. She was assisted by Don West, Public Works Director, and Patrick Dyan, Water Quality Division Manager. This was the second of two public hearings for consideration by the Board of the Second Amendment to the Silver Oaks PUD Development Agreement between St. Lucie County and FVP Miami Lakes, LLC. The Second Amendment proposed the following: The Developer will convey 20.63 acres to the County for use as stormwater retention for the drainage basin and for the proposed Lennard Road extension. The Developer's conveyance will result in a reduction of nine single family units. The conveyance was valued at $390,000. In consideration of the Developer conveying the property, the County would agree that the Developer's proportionate fair share contribution of $340,764 identified in Section 4 (J) of the Development Agreement has been paid in full. The Developer is proposing that the term of the Development Agreement be extended for an additional twelve years, which will be deemed effective and retroactively commencing upon November 1, 2017. Staff recommended that the Board approve the Second Amendment to the April 29, 2009 Silver Oaks PUD Development Agreement. This item was quasi-judicial and the commissioners made the following disclosures: • Commissioner Dzadovsky met with the representatives of the plan, attorney Angelos, and her counterpart. • Commissioner Townsend met with the representatives of the plan, attorney Angelos, and her counterpart. • Commissioner Mitchell met with the representatives of the plan, attorney Angelos, and her counterpart. • Commissioner Bartz met with the representatives of the plan, attorney Angelos, and her counterpart. 9 1 P a g e BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM C. Chair Bartz opened the hearing for public comment at this time. The following resident addressed the Board: • Frank Knott, 7474 Shanas Trail, wanted confirmation that the drainage ditch currently on Shanas Trail would remain in place so as to continue to drain his road. There being no one else wishing to address the Board, Chair Bartz closed the public hearing. Staff explained that the drainage ditch would remain in place since it appeared to be outside of the developer's property. A motion was made to approve the second amendment and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: PUBLIC WORKS ADOPT Commissioner District 5 Cathy Townsend Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend None None Items 9.C.1 through 9.C.13 were presented together but voted on separately. Barbara Guettler, MSBU Coordinator, presented this item. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2020. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2020. The resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of several Municipal Services Benefit Units to provide potable water and fire protection improvements to the parcels within the proposed boundaries. 1. Canoe Creek MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Canoe Creek Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Hatcher MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Hatcher Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Lakewood Park Drainage MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Lakewood Park Drainage Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None III BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 4 61 Lakewood Park 2 MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Lakewood Park 2 Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None Mura MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Mura Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 6. North Hutchinson Island MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the North Hutchinson Island Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 121Pag- BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 7. Property Clean-up SAD - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Property Clean -Up Special Assessment District. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 8. Rainbow Drive 1 MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Rainbow Drive 1 Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 9. Rainbow Drive 2 MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Rainbow Drive 2 Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 131Page BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 10. St. James MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the St. James Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 11. Towns Villages and Countryside MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Towns and Villages and Countryside Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 12. Treasure Coast Air Park MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Treasure Coast Air Park Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 141Page BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 13. Yates Road MSBU - Notice of Intent Staff recommended that the Board adopt the Special Assessment Notice of Intent Resolution for the Yates Road Municipal Services Benefit Unit. Chair Bartz opened the hearing for public comment at this time. There being no one wanting to address the Board, Chairman Bartz closed public comment. A motion was made to adopt the resolution and it passed unanimously. RESULT: MOVER: SECONDER AYES: NAYS: 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Opioid Litigation ADOPT Commissioner District 5 Cathy Townsend Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend None This item was presented by County Attorney Dan McIntyre. On March 18, 2019, the City of Fort Pierce entered into a Contingent Fee Retainer Agreement with Michael Kahn, P.A.; Romano Law Group; Schochor, Federico & Staton, P.A.; Spangenberg, Shibley & Liber, LLP; Douglas R. Beam P.A.; and The Law Office of Cynthia G. Angelos, P.A. On May 7, 2019, the Board directed staff to piggyback the March 18, 2019 Agreement with the City of Fort Pierce and the firms listed above. Suit was filed on June 13, 2019. The recommendation of the County's outside counsel is that the County remain in the "Negotiating Class". The hypothetical initial allocation between St. Lucie County and all incorporated municipalities within the County is $829,755.00. Based on the recommendation of outside counsel the County Attorney recommended that the Board direct that St. Lucie County remain in the Negotiating Class. A motion was made to approve the County Attorney's recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 151Page BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM 2 3 St. Lucie County Employee & Family Health Care Center - South County Location - Contract for Sale and Purchase - 1680 SE Lyngate Drive - Parcel ID 4401-608-0002-000-3 The County currently leases a portion of a building located at 1680 SE Lyngate Drive for the St. Lucie County Employee & Family Health Care Center. The County also operates a satellite Drug Lab at this location. In May of 2019 the County became aware that the subject property had been listed for sale for $3,500,000. County Risk Management staff expressed interest in investigating the feasibility of purchasing the subject property. The County had two appraisals prepared. The County presented a Contract for Sale and Purchase for $2,850,000 to the Seller. The Seller made a counter offer for $3,075,000 which is over the highest of the two appraisals but is within the appraisers' range of value. The County currently pays annual rent of $167,962.68. The four tenants pay a combined annual rent of $306,573.60. If the County determines to purchase the property, the County will need to obtain a loan. The County's Financial Advisor has estimated that the annual debt service will be approximately $235,000. Since the current annual rent payments for the subject property are $306,573.60, staff recommended that the Board approve the Contract for Sale and Purchase. All the commissioners expressed their approval of the purchase and thought it would save taxpayer money in the long run. A motion was made to accept the item and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None First Addendum to Lease and Franchise Agreement for the Development and Operation of the Former Indian River Terminal at the Port of Fort Pierce with Derecktor Fort Pierce, LLC On April 16, 2019, the Board approved a Lease and Franchise Agreement with Derecktor Fort Pierce, LLC. Among other things, the Lease provided that Derecktor would commence operations the earlier of thirty days after the packing house is demolished or when Derecktor brings a ship to the Site. The Lease provided that the County would complete demolition of the packing house by August 30, 2019. The County's contractor actually completed demolition of the packing house on October 4, 2019. In this regard, a proposed First Addendum to the Lease would amend Section 3.1(f) to change the completion date of the packing house demolition from August 30, 2019 to October 31, 2019. Derecktor has notified the County's Port Director that they intend to commence operations on November 1, 2019. Staff recommended that the Board approve the First Addendum to Lease and Franchise Agreement. A motion was made to approve the item and it passed unanimously. 161Page BOCC Regular Meeting Tuesday, October 22, 2019 9:00 AM RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 11. ANNOUNCEMENTS ADOPT Commissioner District 1 Chris Dzadovsky Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend None None A. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 5, 2019 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. County offices will be closed on November 11, 2019 in observance of Veterans Day. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, November 12, 2019 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold their Annual Reorganization meeting on Tuesday, November 19, 2019 at 9am with the Regular meeting immediately to follow in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. County offices will be closed on November 28 & 29, 2019 in observance of Thanksgiving. 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. 171Page