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HomeMy WebLinkAboutBOCC Regular Meeting Minutes 02.03.26BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 3, 2026 Convened: 6:00 PM Adjourned: 7:28 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Jamie Fowler, District No. 4. Present Commissioner Jamie Fowler, District 4; Commissioner Larry Leet, District 2; Commissioner James Clasby, District 1; Commissioner Erin Lowry, District 3 Excused Commissioner Cathy Townsend, District 5 Also Present Katherine Barbieri, County Attorney George Landry, County Administrator Erick Gill, Communications Director Jean Stasio, Assistant County Attorney Irene Szedlmayer, Planning & Development Services Senior Planner Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Cameron Howard, Airport Director Sydney Halleran, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA - ADDITIONS, DELETIONS, REVISIONS A motion was made to approve all additions, deletions, and revisions to the agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 James Clasby SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 2 | Page NAYS: None EXCUSED: Cathy Townsend 5. PRESENTATIONS There were no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing Items) Chair Fowler opened the meeting for public comment at this time. The following people addressed the Board: • Cody Brown addressed the Board regarding the upcoming Board of County Commissioners elections and differences with current commissioners. • Alfred Hernandez addressed the Board regarding his tree-top property and issues with County codes preventing improvements. With no one else wishing to address the Board, Chair Fowler closed public comment. 7. PROCLAMATIONS APPROVAL There were no items scheduled. 8. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Erin Lowry AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry NAYS: None EXCUSED: Cathy Townsend A. Board of County Commissioners minutes for the BOCC Informal Meeting of January 13, 2026. B. Board of County Commissioners minutes for the BOCC Regular Meeting of January 13, 2026. 9. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 James Clasby SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry NAYS: None EXCUSED: Cathy Townsend BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 3 | Page A. WARRANTS 1. Warrant Lists 17 Adopted by Consent Vote B. AIRPORT 1. Lease Agreement between St. Lucie County and Ident Aviation, LLC for Property Located at Treasure Coast International Airport to be Developed for Aeronautical Purposes - ITEM PULLED PRIOR TO MEETING C. COMMUNITY SERVICES 1. Approval of Interlocal Agreement Between St. Lucie County and the City of Port St. Lucie for Cold Weather Shelter Operations at the Minsky Gym - ITEM PULLED PRIOR TO MEETING D. COUNTY ATTORNEY 1. Permission to Advertise Ordinance - Serenoa Community Development District - ATTACHMENT AMENDED Staff recommended that the Board determine whether to grant permission to advertise the ordinance. Adopted by Consent Vote 2. Request from Finance Director for BOCC Record Destruction Staff recommended that the Board approve the destruction of the records as requested. Adopted by Consent Vote 3. Ratification of the Chair's Signature of a Letter of Support for a Florida Department of Transportation Rail Safety Grant Application - ADD ON Staff recommended that the Board's approval and ratification of the Chair's signature on the support letter for the FDOT grant application. Adopted by Consent Vote E. FACILITIES 1. Clerk of Courts Building C Data Room - HVAC Liebert Air Handlers Equipment Replacement and Installation - $290,494.00 Staff recommended Board approval of two contracts for the equipment and installation of Liebert units at the St Lucie County Clerk of Courts Building C, by Trane, LLC., in the total amount of $290,494.00 (Equipment $81,655.00/Installation $208,819.00) and authorize the Chair to sign the contract as approved by the County Attorney, in accordance with Strategic Plan Policy BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 4 | Page QI.3.1.1. Adopted by Consent Vote F. LIBRARY SERVICES 1. St. Lucie County Library System Collection Management Policy Amendment Staff recommended Board approval of the amendment as approved by the County Attorney. Adopted by Consent Vote G. PORT, INLET & BEACHES 1. Foreign-Trade Zone Operations Agreement (Oculus Surgical, Inc.) - Alternative Site Framework (ASF) - Subzone 218C - ATTACHMENT AMENDED Staff recommended that the Board ratify the attached Alternative Site Framework (ASF) Foreign- Trade Zone application request and the associated Grantee Concurrence Letter (dated December 8, 2025). Staff also recommended approving the associated Operations Agreement between St. Lucie County/ Oculus Surgical, Inc., upon FTZ Board approval of ASF subzone 218C and authorization for the Chair to sign documents as approved by the County Attorney. This item is in accordance with the Strategic Objective ECON 2.1. Adopted by Consent Vote H. PROPERTY ACQUISITIONS 1. Interlocal Agreement for Operation and Maintenance of Savannah Lakes Boulevard, Dickson Drive, and a County-Owned Drainage Right-of-Way between St. Lucie County and the Preserve at Savannah Lakes Community Development District Staff recommended that the Board approve the Interlocal Agreement, authorize the Chair to sign the agreement, and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote 2. Resolution No. 2026-11 - Dual Naming of a Portion of Dickson Drive to Dickson Drive and Savannah Lakes Boulevard Staff recommended that the Board approve a dual-naming of Dickson Drive to Dickson Drive and Savannah Lakes Boulevard, authorize the Chair to sign the Resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff, and record the Resolution in the Public Records of St. Lucie County, Florida. Adopted by Consent Vote BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 5 | Page I. PUBLIC UTILITIES 1. Memorandum of Understanding (MOU) between St. Lucie County and Town of St. Lucie Village for the Purpose of a Joint Debris Management Site to Serve the Citizens of St. Lucie County During Disasters Staff recommended Board approval of the MOU between St. Lucie County and Town of St. Lucie Village, subject to legal form and correctness; and authorization for the Chair to sign documents as approved by the County Attorney in accordance with Strategic Plan Priority HS 6.1.4. Adopted by Consent Vote J. PUBLIC WORKS 1. Calvary Port St. Lucie Turn Lane - Conditional Acceptance Staff recommended that the Board's conditional acceptance of the improvements to NW St James Drive and the one-time bond reduction of Bond Number 72701002 in the amount of $130,517.55, leaving the remaining security of $23,032.51 in accordance with Strategic Plan Policy QI.3.1.1. Adopted by Consent Vote K. TRANSIT 1. Sole Source Procurement for Transit Software Upgrade from RouteMatch to TripSpark for Fixed Route Staff recommended Board approval of transit software Sole Source procurement, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 10. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Pruitt Commerce Center (AKA Project Vision) - Future Land Use Map Amendment (Large Scale) Irene Szedlmayer, Senior Planner, and Kori Benton, Planning Manager of Planning & Development Services, presented this item to the Board. The proposed transmittal public hearing for the future land-use map amendment for the Pruitt Commerce Center. Following the requirements for public notice, a public hearing notice was published in the local newspaper, signs were displayed on the subject property, and notices were sent by mail to property owners within 500 feet. One letter was received in response supporting the changes. Additionally, staff received email correspondence from a couple of property owners, also expressing support for the project and lobbying for good landscaping along the southern boundary. The subject site is 160 acres south of Orange Avenue, between Rock Road and South Kings Highway. A majority of the subject site is owned by St. Lucie BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 6 | Page County, and the applicant is in an option agreement with the County to purchase it. The property is within the Urban Service Boundary (USB). The site is within the City of Fort Pierce Utilities (FPUA) service area. In the future, the site may be annexed into the City of Fort Pierce. The current future land use is Residential Suburban (RS) and Special District (SD). The proposed future land use is Mixed Use Development (MXD), and the current zoning is Agricultural, Residential-1 (AR-1), and rezoning to the Planned Non-residential Zoning District (PNRD) and a Preliminary Development Plan. The MXD-Use future land use is intended where innovative land use concepts are encouraged, and traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Staff provided an overview of the surrounding development and a transportation map of the area. The traffic impact report assumes the maximum permissible development will produce 5,451 daily trips if the site is developed as residential and a special district. The trip distribution shows 98% of the trips going along Kings Highway and only 2% are expected to route to Picos Road, 10% north and 10% south of the Turnpike, and 13% assigned to I-95, having trips on the local roadway network. Future land use designations in the MXD may be accompanied by sub-area policies, including: 1. Intent & Uses - Development of superior quality, primarily designed to accommodate and promote targeted industries and employment-generating uses. 2. All developments shall occur through the PNRD Zoning District. 3. Transportation Concurrency • Pruitt Commerce Center (PCC) shall be subject to the County’s transportation concurrency requirements and shall provide sufficient access, capacity, circulation & connectivity needed by the development. • Traffic generated by PCC that exceeds the adopted LOS shall be mitigated by PCC through a schedule of committed roadway construction projects, payments, or legally available alternatives. The timing and sequence of any such construction, payments, or alternatives shall be tied to specific development thresholds and determined during PNRD review. a. Transportation Impact Reports shall evaluate reasonable transportation improvements necessary to maintain adopted LOS standards, including consideration of roadway connectivity and circulation within the surrounding transportation network, which may include roadway segments such as Graham, Picos, and Rock Roads. The determination of whether transportation improvements are required and the timing, sequencing, and any proportional responsibility for such measures shall be made during PNRD review based on the TIR, State Law, County Code & Comp. Plan. Prior to approval of the final PNRD site plan for any phase or portion of PCC, the Applicant shall provide legally sufficient and enforceable assurances, in a form acceptable to the County Attorney, to address transportation concurrency and any transportation improvements, payments, or legally available alternatives required for such. b. In coordination with SLC Area Regional Transit, PCC shall identify the potential location(s) of future transit stops to serve the subject site and shall provide for internal connectivity for pedestrian and bicycle travel. 4. Development Standards: BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 7 | Page a. Maximum Floor Area Ratio (FAR) is 0.35. b. Maximum coverage by buildings is 35%. c. Minimum open space is 25%. d. PCC shall provide an appropriate buffer zone to properly protect adjacent non-industrial uses. On January 15, 2026, the Planning & Zoning Commission held a public hearing and voted unanimously to recommend approval to the Board. Staff recommended that the Board approve the transmittal of the Pruitt Commerce Center FLUMA to the state and regional reviewing agencies. Leslie Olson, of District Planning Group representing Ashley Capital, addressed the Board regarding the proposed transmittal. She reiterated portions of the staff's presentation. She advised that the proposal is an outcome of the County’s RFP to engage the properties around Treasure Coast Education, Research & Development Authority (TCERDA) and exclude them from the development. Project Vision was created for the creation of a first-Class-A Commerce Park in St. Lucie County. This is to create high-quality jobs along with a better environment. Ms. Olson outlined the proposed future land use categories for the property, advised that staff requested the MXD designation to provide additional County control over the outcome, and Ashley Capital agreed. The RFP acknowledged that the comp plan must be amended, and the future land use must be amended, in accordance with the recommendation. It's necessary to satisfy the goals of the County's RFP and the requirements of the contract between the County and Ashley Capital. There are changed conditions, which are one of the FLUMA standards. Also, the Kings Highway jobs corridor study conducted by the EDC indicates that the development corridor is intended to create jobs. The area falls well within the study's boundaries. The Kings Highway corridor has been completed and divided into four lanes, and the site is within a mile of Orange Avenue/I-95, a mile and a half of the Turnpike, and two and a quarter miles of Okeechobee Road/I-95. Ms. Olson noted the important comp plan policies, including: Policy 1.1.6.1, consistent with development within the Urban Services Boundary; supported by Policy 1.1.13.1, which addresses the County’s priority to assist in the recruitment of clean high-growth industrial activities and maintain an expedited permitting process for bona fide economic development projects, especially those within the “Targeted Industry List”. The site is adjacent on its north side to the same intensity as future land use (MXD). The City of Fort Pierce parcels are also trending towards the flex industrial type. She advised that the application meets the compatibility standard. In terms of an orderly and logical development pattern, this implements the requirements of the County’s RFP to develop the subject property according to the County’s long-range vision and consistent with the development pattern of the Kings Highway corridor in the area. Also, it continues the pattern of industrial being established along the corridor and fulfills the goals outlined in the Kings Highway jobs corridor planning initiative. Ryan Bloss, Director of Leasing at Ashley Capital, addressed the Board on behalf of the applicant and provided a summary overview of the company’s history. He advised that Ashley Capital was founded in 1984 and has grown into the largest privately held industrial real estate company in the country. The company’s focus is on greenfield and brownfield properties, and the proposed property is classified as a greenfield property. The company has over 32 million square feet of property in six states, and the focus is on industrial. BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 8 | Page Jill Marasa addressed the Board on behalf of the applicant and provided a historical timeline overview of the TCERDA property, starting from its use in citrus and agricultural research in the 1940s. The property's evolution through various name changes, the involvement of the USDA in 1995, and the County acquiring the DUNN Property in 2004 (140 acres), were discussed. She mentioned that the County established TCERDA in 2005, the County donated land to St. Lucie public schools for a potential future school site (60 acres), and the establishment of the Sunshine Kitchen in 2018. Ms. Marasa discussed the acquisition of 60 acres by Ashley Capital through a request for proposals (RFP) in 2022/2023. She discussed that the option agreement was signed by the County in 2024 and that the initiation of the development and land use process occurred in 2025. She expressed the commitment to bringing Project Vision to life with Ashley Capital and the importance of the County's approval for the project to move forward. Sephanie Guerra, of Kimley Horn, addressed the Board on behalf of the applicant and discussed the Transportation Concurrency FLUMA Standards. The traffic analysis was conducted for future land use change intention, considering both short-term and long-term development scenarios. The short range is a five-year build-out, and the long range is a 2045 horizon year. For both, a 35% lot coverage was contemplated, which is up to 2.4 million square feet of industrial and far above what’s expected to develop on the property. The County’s third-party traffic consultant has reviewed the analysis. The intention is to provide a more detailed roadway and intersection analysis during the rezoning process. A detailed roadway intersection analysis will be conducted during the PNRD rezoning evaluation. This will focus on the applicant's proposed development plan and identify any necessary roadway improvements, forming a key part of the traffic concurrency assessment. She advised that Ashley Capital has agreed to all the sub-area policies regarding transportation concurrency. Lee Dobbins of Dean & Mead Law Firm addressed the Board on behalf of the applicant and explained the option agreement between Ashley Capital and the County. He discussed that the County provided the option to purchase the property once certain conditions were met. There were obligations for the County and obligations for Ashley Capital to complete. There were several layers of regulation relating to TCERDA that needed to be removed for the project to be developed. The property was taken out of the TCERDA overlay zone, the restrictive covenants of TCERDA were removed, and there was a lease agreement covering TCERDA, and the property was removed from the lease. So the County obligations were addressed. Ashley Capital's obligations under the agreement, with the first being the future land use amendment to MXD, the zoning change to PNRD, and the Master Plan, with conditions of approval. Pursuant to the option agreement, Ashley Capital must make payments periodically every six months to the County. Upon approval of the proposed MXD amendment, the next step includes the submission of the PNRD application, which was submitted in October for the review process of approval from Planning and Zoning and return to the Board for final approval. Once approved, Ashley Capital can exercise its option under the agreement to become a real estate transaction, for closing, paying the County the purchase price. Ashley Capital will be conveyed the land and can move forward with obtaining building permits and various approvals needed to begin the project. Chair Fowler opened the hearing for public comment at this time. With no one wishing to address BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 9 | Page the Board, Chair Fowler closed the public hearing. Commissioner Clasby questioned the board's previous actions regarding the RFP. In response, Ms. Olson explained that the County issued an RFP for proposals to develop the site as a Class A industrial Commerce Park, and Ashley Capital responded with the proposal. The steps were outlined regarding the obligations of the County, Ashley Capital, the payments processed through the steps, and others are pending. Commissioner Clasby requested an example of the types of businesses that would be in the development. In response, Ms. Marasa provided context on the commerce park, advising that it will have multiple buildings ranging from 50,000 to 200,000 square feet. The facilities will be flexible, with a minimum size of 5,000 square feet, targeting small to mid-size industrial businesses. The tenant profiles include collaboration with the EDC and targeting industries such as manufacturing, aviation, marine, agriculture, professional services, and trades. The goal is to attract businesses needing new or expanded space with higher-quality space/infrastructure. The focus is on businesses with under 20 employees, aiming to create high-quality, paying jobs and bring people back to St. Lucie County. Commissioner Clasby asked how the Ashley Capital Pruitt Commerce Center differs from other spaces. In response, Ms. Marasa explained the difference between merchant builders and Ashley Capital, advising that they are a privately held industrial real estate development firm. She advised that Ashley Capital does not operate as a REIT, hedge fund, or equity partner, focusing on legacy projects and long-term development. Ashley Capital manages properties in-house, acting as a one- stop shop for industrial development. Commissioner Clasby asked about the annexation of the site into the City of Fort Pierce, the timeline, and who would provide utility services. In response, Mr. Dobbins explained that there was an amendment to the agreement between the County and the City of Fort Pierce, signed around two years ago, that provided the City the ability to annex the properties in the area, and in return, did not have the ability to annex at the airport. The proposed location is within the area the City can annex. There were concerns due to the project being multiple buildings in multiple phases, and once approved by the County, there is a possibility of annexation the next day by the City, and the development is now under the City's rule regarding permits, etc. A meeting has been held with the City and staff, and they advised that they did not want to do anything to slow the project down. The City was accommodating and entered an annexation agreement with Ashley Capital that allows for the phasing of annexation. So, as buildings are built, through the construction process, and a Certificate of Occupancy (CO) is issued, the City will then annex them, rather than annexing them all at once, as they could have under their existing agreement with the County. George Landry, County Administrator, mentioned that the area is the City of Fort Pierce Utility Authority (FPUA) territory, and as a standard practice of FPUA, when service is achieved, an annexation clause is included in the service agreement that allows them up to 10 years to do so, which also provides leverage for the airport. The Board commented on the transmittal of the proposed item, summarizing the long BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 10 | Page collaborative process that began with the RFP and involved multiple state agencies. The history of the area's economic transformation from citrus groves and fishing to a thriving distribution center was mentioned. Commissioner Clasby also mentioned that Commissioner Townsend, who was not present, voted for the RFP in 2022. The Board had no further questions or comments on this matter. A motion was made to approve the staff recommendation, and it passed unanimously. RESULT: APPROVE - TRANSMITTAL MOVER: Commissioner District 1 James Clasby SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry NAYS: None EXCUSED: Cathy Townsend 2. County Initiated Land Development Code Text Amendment for Fencing - First Reading Benjamin Balcer, Planning & Development Services Director, presented the County-initiated land development code to the Board. Upon adoption, it will expand the allowable fence materials in certain residential zoning districts when certain criteria are met. The amendment was properly advertised in the St. Lucie News Tribune on January 21, 2026. The amendment is intended to address specific residential properties facing code compliance and permitting issues due to recent amendments to residential fence material regulations adopted by the Board. The proposed text amendment would allow residential properties within the Residential Estate-1 (RE-1), Residential Estate-2 (RE-2), Residential Conservation (R/C), Residential Single Family-2 (RS-2), Residential Single Family-3 (RS-3), Residential Single Family-4 (RS-4), Residential Mobile Home-5 (RMH-5), and Residential Multifamily-5 (RM-5) zoning districts to construct a fence in whole or in part, of cattle wire, chicken wire, or similar materials. Provided that the lot is greater than one (1) acre or greater with a lawfully permitted dwelling unit and on an unpaved, privately maintained road. For background, in 2023, the Board updated the County's residential fence regulations to prohibit the use of cattle wire, chicken wire, and barbed wire in all residential zoning districts except for the Agricultural Residential-1 (AR-1) district. The intent at the time was to improve aesthetics and ensure consistency in residential neighborhoods. In 2024, the Board revisited these regulations and adopted a narrow exception, allowing residential properties adjacent to local, state, or federal preserve areas with existing cattle or chicken wire fences to install similar fences within their rear and side yards. This change was intended to recognize existing development patterns near preserve lands and maintain consistency in fence material types. The proposed amendment further refines the County's policy, limiting it to large residential properties on unpaved, unmaintained private roads where traditional fence materials may not be consistent with the area's rural character. The proposal does not apply to smaller residential lots, residential lots on paved roads, or unoccupied residential lots. The staff believes that the draft criteria are sufficiently narrow to avoid any unintended impacts on surrounding residents. Importantly, all other fence regulations, including height and placement, remain unchanged, with the amendment only adding flexibility in material, and only under very specific circumstances. BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 11 | Page The County's Planning and Zoning Commission unanimously voted to recommend approval at their January 15, 2026, meeting. Their motion included language that would allow a single strand of barbed wire at the top of the fence for property owners who keep non-domestic animals. Staff determined that this addition was not warranted as these residential zoning districts do not permit non-domestic animals. The Planning and Zoning Commission also recommended adding a requirement for building permit applications to include a survey identifying the location of the proposed fence to reduce the potential for owners to block private access easements. Currently, signed and sealed surveys are required for building permits with evaluations exceeding $10,000. In response to the Planning and Zoning Commission's recommendation, staff has added language that would require any building permits submitted pursuant to this land development code section to include a survey depicting the location of the proposed fence. The proposed amendment is compatible with the existing rural residential development patterns in the areas where this regulation will apply and maintains the overall intent of the County’s residential fencing standards. Therefore, the staff recommended the Board vote to schedule the second reading to adopt the proposed ordinance for the February 17, 2026, Board of County Commissioners meeting, at 6:00 pm or as soon thereafter as may be heard. Chair Fowler opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Fowler closed the public hearing. The Board had no questions or comments on this matter. A motion was made to approve the staff recommendation, and it passed unanimously. RESULT: APPROVE 1ST READING MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Erin Lowry AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry NAYS: None EXCUSED: Cathy Townsend 11. REGULAR AGENDA A. AIRPORT 1. Lessor's Consent to Membership Interest Purchase and Sale Agreement and the Resulting Change of Control of Fort Pierce FBO, LLC (APP) - ADD ON - ITEM MOVED FROM CONSENT AGENDA George Landry, County Administrator, presented proposed Resolution No. 2026-21, consenting to the purchase and sale agreement that results in a change of control for APP Properties, Inc. (APP), the major leaseholder and Fixed Base Operator (FBO) at the airport. The buyer of APP is BC Flex Midco, LLC, an affiliate of Bain Capital Real Estate. Bain Capital Real Estate plans to establish a leading general aviation platform, including FBOs and aviation infrastructure across the US. Bain Capital Real Estate’s plans concerning APP are to invest capital in enhancing existing hangars, developing additional hangars, and improving FBO infrastructure across the APP business. The BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 12 | Page proposed resolution details the existing leases the County has with APP, which require written consent from the County before assigning or subleasing any portion of the lease premises. The lease resolution includes the lessor's (County) consent and a cure of designated deficiencies with an action plan to address four items at the airport: 1. Derelict aircraft on aprons and ramps within the Leased Premises 2. Fuel storage 3. Various aprons on the Leased Premises are in disrepair and causing Foreign Object Debris (FOD) 4. Repairs to the hangar at 3780 St. Lucie Boulevard Mr. Landry advised that, in context, the proposal is similar to that in 2021 when Ridgewood Infrastructure, LLC, acquired APP and a cleanup plan was created. An action plan was created then to address remaining issues, and a new action plan is being proposed to ensure compliance with the resolution. Staff recommended that the Board adopt Resolution 2026-21 consenting to the merger of APP Properties, Inc. into an affiliate of BC Flex Midco, LLC, an affiliate of Bain Capital Real Estate, and the resulting change of control of Fort Pierce FBO, LLC, and authorize the Chair to sign the Lessor's Consent to Merger as approved by the County Attorney. **First Motion to Approve Staff Recommendations* A motion was made to approve the staff recommendation, and it passed unanimously. (RESCINDED) RESULT: APPROVE MOVER: Commissioner District 1 James Clasby SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry NAYS: None EXCUSED: Cathy Townsend AIRPORT CONTINUED DISCUSSION (COMMISSIONER UPDATES) George Landry, the County Administrator, requested a review of the Board's discussion on Regular Agenda Item 11.A.1: Lessor's Consent to the Membership Interest Purchase and Sale Agreement. This request is due to an error in the language of the plan that was read into the record, specifically regarding the change of control of Fort Pierce FBO, LLC. Mr. Landry explained that the action plan had been revised before the meeting and that the agenda item had not been updated with the new APP action plan. Consequently, the action plan read in the record was incorrect. He advised that the Board was provided with the correct APP action plan, but it was not included in the agenda packet. Katherine Barbieri, County Attorney, clarified that the two issues that will be worked on, which the County has declared to have an issue with, are the Derelict aircraft on aprons and ramps within the Leased Premises and the Hangar repairs to 3780 St. Lucie Boulevard. Upon discussions before the meeting, the Fuel Storage and the Various aprons on the Leased Premises are in disrepair and causing Foreign Object Debris (FOD) on the Airport have been struck from the action plan for now. BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 13 | Page Staff wanted to clarify to ensure that the Board understands what they are voting on regarding a secure plan. Chair Fowler questioned if item #2 of the plan and all items pertaining to fuel storage have been struck from the action plan. In response, Ms. Barbieri confirmed. Cameron Howard, Airport Director, addressed the Board and explained that the fuel standards, according to the lease and minimum standards, and current leases, are currently exempt from any amendments to the minimum standards. APP will be exempt from the addition to the fuel tanks. The other item regarding the pavement, an agreement was made that it would be worked on. Some of the wording from the original action plan, as read into the record by the County Administrator, was changed so that there is pavement work being done, but not to the extent that was presented. Chair Fowler expressed concerns regarding the language and requested a cleaner version of the plan so that the expectations would be clear. In response, Mr. Landry provided the Board with the clean version displayed for the Board's review. Commissioner Clasby requested clarification on what was voted on. In response, Mr. Landry explained he is requesting the Board to reconsider the vote due to the confusion in his notes read into the record regarding the fuel storage in the original plan. The draft action plan that was originally proposed included new standards. As if a new Fixed Base Operator (FBO) were to enter the airport, the minimum standards stipulate that existing tenants are exempt from complying with these new standards. However, this doesn’t prevent existing tenants from voluntarily adopting the new standards on their own. If they are running more operations and have a greater customer base alongside a consistent fuel supply, they are likely to expand their fuel offerings to meet the demand, as they won't want to share their resources. Thus, if they are exempt from County conditions for this process, it could create challenges. With the apron, there were some pieces of concrete within their leasehold that they acknowledged needed fixing. However, the way it was presented caused some confusion, as it seemed to identify the entire parcel, which led to misunderstandings about what needed to be fixed. The goal is to address the derelict aircraft listed as item one and the repairs to the hangar at 3780 St. Lucie Boulevard, which is included in the existing agreement and action plan from 2021. However, that tenant has been removed. They have applied for permits and received some approvals from the County to carry out repairs on the property. Mr. Howard mentioned that for the hangar at 3780 St. Lucie Boulevard, the current tenants are removing the unpermitted work, which is being monitored by staff. The former tenant is still working on removing some of the ramps/derelict aircraft that they have claims to, which is also being monitored. Also, other derelict aircraft listed in item one, APP has acknowledged, and they are working with the current owners to communicate and get them out. Mr. Landry mentioned that the Board cannot legally enforce the minimum fuel standards on the current lease holder. While the County could make the request, the County couldn’t enforce the minimum standards regarding fuel based on the language/wording in the policy. BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 14 | Page Dan Harrow, of APP, addressed the Board and clarified that the action plan provided to the Board before the meeting is the correct one, and the previous version was a mistake. He explained the legal standards and the agreement between the County and the leaseholder regarding pavement maintenance. He assured the Board that the leaseholder will maintain the ramps in good condition based on the map provided. Mr. Howard provided an overview of the Lessors Consent regarding the pavement and highlighted item 3.c. “Fort Pierce FBO, LLC further covenants and agrees that it will maintain the ramps on Fort Pierce FBO, LLC’s leasehold in accordance with the terms of the Leases, including but not limited to those parcels graded “poor” or lower on the map attached hereto as Exhibit “B.” He advised that the FDOT pavement inspection map was used to identify areas in poor condition. To be fair to APP, they reduced it to maintaining the ramps in good condition based on the map. He clarified that the leaseholder is not required to replace entire sections of the airport based on one sample. The Board and staff discussed the revision of the action plan for the airport, addressing the removal of fuel storage and apron items, inspections, and the clarification of pavement maintenance standards. Mr. Landry explained the new minimum fuel standards, adopted last year, and the exemption for current lease holders to the Board. He mentioned that the current leaseholder may expand their fuel supply if necessary, but another FBO would have to comply with the new standards. Mr. Landry also apologized for the confusion caused by the technicality in the policy. The Board also discussed the procedural steps to rescind the previous motion and approve the amended action plan. **Second Motion Receding The First Motion of Approval** Commissioner Clasby motioned to rescind the first motion of approval of the staff's first recommendation, including Fuel Storage and Various aprons on the Leased Premises, which are in disrepair and causing Foreign Object Debris (FOD) on the Airport. Commissioner Leet seconded the motion to rescind the approval of the staff's first recommendations, and it passed unanimously. Commissioner Clasby motioned for approval with the amendments as discussed by staff. **Final Motion Approving Staff Recommendation** The lease resolution includes the lessor's (County) consent and a cure of designated deficiencies with an action plan to address two items at the airport as amended: (ATTACHMENT ADDED) 1. Derelict aircraft on aprons and ramps within the Leased Premises. 2. Repairs to the hangar at 3780 St. Lucie Boulevard. A motion was made to approve the staff recommendation, as amended, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 James Clasby SECONDER: Commissioner District 2 Larry Leet AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 15 | Page NAYS: None EXCUSED: Cathy Townsend 12. COMMISSIONER COMMENTS Commissioner Clasby suggested directing staff to seek an emergency sand truck haul for Fort Pierce South Beach due to severe erosion, with the federal project not expected to start until March. He discussed the necessity of a small truck haul before the federal project to create a landing strip. He proposed authorizing the County Administrator to implement a stopgap measure to prevent further damage. Chair Fowler agreed to the suggestion and the need to prevent property loss and infrastructure damage. George Landry, County Administrator, explained that the item (Fort Pierce South Beach) under discussion was not formally added to the agenda to follow the process; an emergency order can be issued, and then bring the item back to the February 17, 2026, BOCC Meeting, for an after-the-fact approval, which has been previously done. Katherine Barbieri, County Attorney, confirmed the process to bring the item back for approval, but as an Erosion District item, for the suggested date. Mr. Landry confirmed that staff (Josh Revord, Port Director) has been working to obtain quotes from the sand hauler and the process with the Florida Department of Environmental Protection (FDEP), as a result of the discussion. He advised that if all goes well, the process should begin by the following week at the latest; if it can happen sooner, the Board will be updated on the whole process. Commissioner Clasby requested a formal performance review of the County Administrator at the next meeting, suggesting it be an annual event. In response, Chair Fowler advised that the review is already built into the contract and is at the discretion of the Board for the County Administrator. The Board continued the discussion regarding the sand emergency for Fort Pierce South Beach, communication with the City of Fort Pierce, and Mayor Hudson on the closure to prevent trampling of the sand haul. The County Administrator requested that the discussion of Regular Agenda item 11.A.1, Lessor's Consent to Membership Interest Purchase and Sale Agreement and the Resulting Change of Control of Fort Pierce FBO, LLC (APP), be reopened due to an error in the language read into the record. – PLEASE SEE ITEM 11.A.1. FOR THE DISCUSSION AND VOTE 13. UPCOMING MEETINGS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, February 10, 2026, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. BOCC Regular Meeting Tuesday, February 3, 2026 6:00 PM 16 | Page B. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 17, 2026, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 14. ANNOUNCEMENTS A. The New York Mets kick off their spring training season at Clover Park against the Miami Marlins on Saturday, Feb. 21. The Mets will play 15 home games in Port St. Lucie against regular rivals such as the Astros, Cardinals, Nationals, Yankees, and Blue Jays. The Mets will also host World Baseball Classic teams, including Team Nicaragua and Team Israel. For the schedule and ticket prices, visit www.stluciemets.com. B. The 60th Annual St. Lucie County Fair takes place Friday, Feb. 27, through Sunday, March 8, at the Fairgrounds, 15601 Midway Road in Fort Pierce. Don’t miss live music, magic and illusions, rides, live animals, games, fair food, the demolition derby, the rodeo, and more. For details and tickets, visit: www.stluciecountyfair.org. 15. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 7:28 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and Comptroller, which are available for inspection upon request. Page 1 of 10 RESOLUTION NO. 26-21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CONSENTING TO THE MEMBERSHIP INTEREST PURCHASE AND SALE AGREEMENT AND THE RESULTING CHANGE OF CONTROL OF FORT PIERCE FBO, LLC. RECITALS WHEREAS, St. Lucie County (“County”) owns and operates the Treasure Coast International Airport ("Airport"); and WHEREAS, Fort Pierce FBO, LLC leases certain property at the Airport from the County pursuant to the 2000 “Amended and Restated Lease”, as amended by the 2006 “First Amendment to Amended and Restated Lease Agreement”, as further amended by the 2019 “Second Amendment to Amended and Restated Lease Agreement”, and as further amended by the 2023 “Third Amendment to the October 10, 2000 Amended and Restated Lease Agreement” ("Houck Lease"); and WHEREAS, Fort Pierce FBO, LLC, leases certain property at the Airport from the County pursuant to the 2008 “Second Amended and Restated Lease Agreement” as amended by the 2025 “First Amendment to the Second Amended and Restated Lease Agreement between St. Lucie County and Fort Pierce FBO, LLC ("Air Charter Lease"); and WHEREAS, the Houck Lease and the Air Charter Lease each require Fort Pierce FBO, LLC to obtain prior written consent from the County before assigning or subleasing any portion of the Leased Premises; and WHEREAS, APP Properties, Inc. is the owner and operator of Fort Pierce FBO, LLC, and BC Flex Midco, LLC, an affiliate of Bain Capital Real Estate, is a proposed acquirer of APP Properties, Inc. pursuant to a Membership Interest Purchase and Sale Agreement, which will result in a change of control of Fort Pierce FBO, LLC; and WHEREAS, Fort Pierce FBO, LLC has requested that the County consent to the Membership Interest Purchase and Sale Agreement and the resulting change of control of Fort Pierce FBO, LLC, as set forth therein; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that consent to the Membership Interest Purchase and Sale Agreement and the resulting change of control of Fort Pierce FBO, LLC is in the best interest of the County, as the transaction would increase the availability of capital to complete existing projects and to develop new projects with the County as a partner. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1.Ratification of the Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Resolution. 2.Consent to Membership Interest Purchase and Sale Agreement and Resulting Change ofControl. The Board hereby consents to the Membership Interest Purchase and Sale Agreement and Regular Agenda Item 11.A.1. - Airport APP Action Plan Purchase and Sale Agreement Page 2 of 10 the resulting change of control of Fort Pierce FBO, LLC, as more particularly described in the Lessor’s Consent attached hereto as Exhibit 1, and subject to final review and approval by the County Attorney. 3. Authorization to Sign Documents. The Chair is authorized to sign any necessary documents to consent to the Membership Interest Purchase and Sale Agreement and the resulting change of control, consistent with this Resolution. 4. Effective Date. This resolution shall take effect on February 3, 2026. After motion and second, the vote on this resolution was as follows: Commissioner Jamie Fowler, Chair ___ Commissioner Larry Leet, Vice Chair ___ Commissioner James Clasby ___ Commissioner Erin Lowry ___ Commissioner Cathy Townsend ___ PASSED AND DULY ADOPTED this 3rd day of February, 2026. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA _____________________________ BY: _______________________________________ deputy clerk JAMIE FOWLER, CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: ___________________________________________ KATHERINE BARBIERI, COUNTY ATTORNEY Page 3 of 10 LESSOR'S CONSENT THIS LESSOR'S CONSENT (“Consent”) is made this _____ day of _____________, 2026, by ST. LUCIE COUNTY, a political subdivision of the State of Florida (“Lessor”). RECITALS: A. Lessor is the owner and holder of the landlord's/lessor's interest under (i) that certain Second Amended and Restated Lease Agreement, dated May 16, 2008, by and between St. Lucie County, a political subdivision of the State of Florida, and Lessee, Fort Pierce FBO, LLC, a Florida limited liability company, as successor in interest to Treasure Coast FBO, LLC, as lessee, (“Lessee”) as amended by that certain First Amendment to the Second Amended and Restated Lease Agreement dated as of November 4, 2025 and (ii) that certain Amended and Restated Lease Agreement dated October 10, 2000, as Amended by First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, as Amended by the Ground Lessor Consent dated April 24, 2007, and as Amended by Second Amendment to Amended and Restated Lease Agreed dated June 4, 2019, and as further amended by the Third Amendment to the October 10, 2000 Amended and Restated Lease Agreement between St. Lucie County and Fort Pierce FBO, LLC dba APP Jet Center, dated July 11, 2023, by and between St. Lucie County and Lessee, as successor in interest to B&E Houck, Inc., as lessee (collectively referred to herein as the “Leases”). B. Lessee has requested that Lessor consent to the Membership Interest Purchase and Sale Agreement between BC Flex MidCo, LLC as Buyer and RW Pegasus Holdings, LLC (the “Transaction”) by RW Pegasus Holdings, LLC (“RW”) of 100% of the equity interests of RW Pegasus IntermediateCo, LLC (the “Company”), which indirectly owns 100% of the equity interests of APP Properties, Inc. (“APP”), the sole member of Lessee, to BC Flex Midco, LLC, to an affiliate of Bain Capital Real Estate, LP, which consent is required under the terms of the Lease. C. Lessor is willing to consent to the Transaction. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor agrees as follows: 1. Recitals; Construction. The foregoing Recitals are true and correct and incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not specifically defined herein shall have the same meaning as set forth in the Leases. Should any term of this Consent conflict with any terms or conditions of the Leases, the terms and conditions of the Leases shall control. 2. Consent to Membership Interest Purchase and Sale Agreement and Resulting Change of Control. Lessor hereby consents to the Membership Interest Purchase and Sale Exhibit 1 to Resolution 26-xxx Page 4 of 10 Agreement and the resulting change of control of Fort Pierce FBO, LLC, as more particularly described in this Consent, and subject to final review and approval by the County Attorney. 3. Cure of Designated Deficiencies. a) The consent granted hereby shall not be deemed or construed to be the undersigned's consent in advance to any future sublease or assignment of the Leases or a waiver of any rights or claims of the Lessor in connection with the Leases. b) Without limiting the foregoing, (i) Fort Pierce FBO, LLC, BC Flex Midco, LLC, an affiliate of Bain Capital Real Estate acknowledge the receipt of notice of certain deficiencies under the Leases, (ii) Fort Pierce FBO, LLC agrees to take the actions set forth in Section A of the " Action Plan" attached as Exhibit " A" hereto and incorporated herein by reference, and (iii) Fort Pierce FBO, LLC, BC Flex Midco, LLC, an affiliate of Bain Capital Real Estate further acknowledge that the failure to take the actions set forth in Section A of the Action Plan shall be deemed a default under the applicable Leases. c) Fort Pierce FBO, LLC further covenants and agrees that it will maintain the ramps on Fort Pierce FBO, LLC’s leasehold in accordance with the terms of the Leases, including but not limited to those parcels graded “poor” or lower on the map attached hereto as Exhibit “B.”. d) Without limiting anything contained herein, as and to the extent provided in the Leases, Lessee shall not be released with respect to any indemnity obligations in favor of Lessor, arising out of liabilities, costs, claim of loss, damages, fines or penalties, including, without limitation, any related to environmental conditions, whether known or unknown, caused by Fort Pierce FBO, LLC, its employees, contractors or agents and/ or which occurred during the term of Fort Pierce FBO, LLC's occupancy under the Leases and prior to the effective date of the change of control. 4. General Provisions. The headings inserted at the beginning of each paragraph of this Consent are for convenience only, and do not add to or subtract from the meaning of the contents of each paragraph. This Consent shall be interpreted under the laws of the State of Florida. 5. Leases in Full Force and Effect. The Leases, as previously amended, remain in full force and effect. 6. No Limitation of Remedies. The remedies (if any) under this Consent are limited to equitable enforcement of the consents and acknowledgments set forth herein and do not expand or alter the remedies available to the parties under the Leases. In the event of a conflict, the Leases control. [SIGNATURE PAGE FOLLOWS] Page 5 of 10 IN WITNESS WHEREOF, Lessor has duly executed this Consent as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: JAMIE FOWLER, CHAIR APPROVED AS TO FORM AND CORRECTNESS: _____________________________________ KATHERINE BARBIERI COUNTY ATTORNEY Page 6 of 10 IN WITNESS WHEREOF, Lessee, by its duly authorized officers has executed this Consent to acknowledge and agree to the terms and conditions and obligations imposed on the Lessee hereunder. WITNESSES: _______________________________ Print Name _______________________________ Print Name FORT PIERCE FBO, LLC By: Print Name: Title: Date: ______________________________________ ATTEST: _____________________________________ BY:________________________, Secretary Page 7 of 10 IN WITNESS WHEREOF, the parties below, through their respective authorized representative, hereby acknowledge the terms and conditions and obligations imposed on the Lessee. WITNESSES: _______________________________ Print Name _______________________________ Print Name BC FLEX MIDCO, LLC, a Delaware limited liability company By: Print Name: Title: Date: ______________________________________ ATTEST: _____________________________________ BY:________________________, Secretary Page 8 of 10 Exhibit A ACTION PLAN A. Items To Be Addressed 1. Item: Derelict aircraft on aprons and ramps within the Leased Premises. • St. Lucie Code Sections 8-75 and 8-92(a) prohibit abandoned, derelict, or lost property and aircraft on the Airport. • The General Aviation Minimum Standards for the Airport are codified in Sections 8- 132 through 8-152. • Pursuant to Section 8-138.5, Fort Pierce FBO, LLC is required to maintain an up-to-date file containing the name, address, and telephone number of all based aircraft owners of lessees and sublessees and submit that information to the Airport Director quarterly. • Action Plan: Fort Pierce FBO, LLC shall: o Provide County with an updated inventory derelict aircraft upon the Leased Premises within thirty (30) days of the Effective date of the Resolution and provide an updated inventory every ninety (90) days thereafter. o Fort Pierce FBO, LLC shall make and document efforts to coordinate with aircraft owner(s) to schedule removal of the derelict aircraft in the inventoried report. Fort Pierce FBO, LLC shall provide documentation of the efforts to County upon request. o Fort Pierce FBO, LLC shall make and document efforts to coordinate with the aircraft owner(s) to schedule removal of the aircraft listed below within thirty (30) days. N77PR N303AG N727NK N7927 C61RM N123RC N320GB N602JF N27956 N148V N510KT N3354C N69369 2. Item: Repairs to 3780 St. Lucie Blvd. • Fort Pierce FBO, LLC is required to keep and maintain the Leased Premises, including the grounds, pavement, buildings, furnishings, and personal property in a good state of repair and first-class condition. • 3780 S. Lucie Blvd. is in disrepair. • BDCC PROPERTIES, LLC, Fort Pierce FBO, LLC’s tenant leased the hangar located Page 9 of 10 at 3780 S. Lucie Blvd. • Action Plan: Fort Pierce FBO, LLC shall: • Ensure that BDCC PROPERTIES, LLC, addresses the unpermitted work and code violations associated with the hangar. • All work performed at 3780 St. Lucie Blvd. shall be properly permitted and authorized prior to commencing work. Page 10 of 10 Exhibit B