HomeMy WebLinkAbout12-07-2010 Agenda Packet _ ~
•
• .
q~Hi~tiil~~tiitl~T~~ lii~i~~t#i~N[~iN iliNp~~~~
December 7, 2010
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
REVISED 12/06/2010
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS - These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a seeond or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possib~e. These time designations are intended to indicate that an item will not be addressed ~rior to
the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a
time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or pub~ic hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaking cleariy into the microphone. If you
have backup material, please have eight copies for distribution.
NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM - Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00
P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County
Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board
schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is
provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a
disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
December 7, 2010 ~ - ,
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucie.fl. us
www.stlucieco.orq
~~u~':
Chris Craft, Chairman District No. 5
Chris Dzadovsky, Vice Chairman District No.1
Tod Mowery District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the November 23, 2010 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 10-315 - Proclaiming December 11, 2010 as "Santa Lucia Day Day of
Discovery" in St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 10-315 as drafted.
ADDITION
B. ENVIRONMENTAL RESOURCES
Cooperative Extension & Environmental Education Division`
Annual Christmas Remembrance - Sue Munyan and the 4-H Clubs will make their annual
Christmas Remembrance Presentation to the Board.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 9 and 10.
B. COUNTY ATTORNEY
1. Madison Vines, L.L.C. - Approval of Freddie Mac Subordination Agreement
Consider staff recommendation to approve the proposed Freddie Mac subordination
agreement for Madison Vines, L.L.C., and authorize the Chairman to sign the
subordination agreement, subject to approval of the final document by the County
Attorney as to legal form and correctness.
B. COUNTY ATTORNEY CONTINUED
2. Donation of Right-of-Way - Lakewood Park United Methodist Church - 15-feet on
Tumpike Feeder Road - Warranty Deed of Donation - Resolution No. 10-312
Consider staff recommendation to approve to accept the Warranty Deed of Donation,
authorize the Chairman to sign Resolu6on No. 10-312 and direct staff to record the
documents in the Public Records of St. Lucie County, Florida.
3. Fort Pierce FBO, L.L.C. - Sublease Agreement with US Sport Aircraft, Inc.
Consider staff recommendation to consent to the proposed sublease agreements
between Fort Pierce FBO, L.L.C., and US Sport Aircraft, Inc.
4. Fort Pierce Utilities Authority - 20' Utility Easement for Lawnwood Gravity Sewer -
Extension Parcel I.D. No. 2416-504-0633-000-6
Consider staff recommendation to approve the Utility Easement in favor of Fort Pierce
Utilities Authority and the Bill of Sale; authorize the Chairman to execute the Easement
and Bill of Sale and all necessary documents to convey the water distnbution system
and/or wastewater collection system to Fort Pierce Utilities Authority; and direct staff to
record the Easement in the Public Records of St. Lucie County, Florida.
C. ENVIRONMENTAL RESOURCES
Indrio Savannahs Preserve Habitat Restoration
Consider staff recommendation to approve authorization to accept a purchase order agreement in
the amount of $15,000 from the Florida Fish and Wildlife Conservation Commission to improve
gopher tortoise habitat in the Indrio Savannahs Preserve and to approve Budget Resolution No.
10-301.
D. HUMAN RESOURCES
1. Prison Health Services Inmate Care Invoice, Fourth Quarter FY 2010.
Consider staff recommendation to approve payment of Prison Health Services invoice
number PHS0008360 for the Fourth Quarter of FY 2010, in the amount of $277,044.65.
2. Pnson Health Services Inmate HIV Medications Invoice for October, 2010
Consider staff recommendation to approve authorization for payment of Prison Health
Services invoice number PHS0008505 for HIV medications for the period of October 01,
2010 through October 31, 2010, in the amount of $40,509.27.
E. PLANNING & DEVELOPMENT SERVICES
Legislative Issue Requests
Consider staff recommendation to approve authorization to submit four Legislative Issue Requests
and four Letters of Support to the St. Lucie County Legislative Delegation, as outlined in the
attached memorandum.
VII. PUBLIC HEARINGS ` "
A. PLANNING 8~ DEVELOPMENT SERVICES
Conditional Use Permit approval for the MCZICentrum Citrus Farms, LLC Mine
Consider staff recommendation to approve Resolution No. 10-102 granting a Conditional Use
Permit for a sand and coquina rock mining operation, as outlined in the agenda memorandum.
B. PUBLIC WORKS
MCZJCentrum Citrus Farms Mine Permit Application
Consider staff recommendation to approve the mining permit application for MCZ/Centrum Citrus
Farms mine subject to the approved plans and the General and Special Conditions.
VIII. HOUSING 8~ COMMUNITY SERVICES
Library Branch Expansions
Consider staff recommendation to approve the expansion of the Zora Neale Hurston Branch Library, bid
award to Sisca Construction Services, and authorization for the Chairman to sign documents as approved
by the County Attomey.
IX. COUNTY ATTORNEY
Agreement with Solar and Energy Loan Fund of St. Lucie County, Inc. (EECBG)
Consider staff recommendation to approve the Agreement with SELF and authorize the Chairman to sign
the Agreement.
X. ADMINISTRATION
Two-Month Trial Board Meeting Schedule
Consider staff recommendation to approve acceptance of the Chairman's recommendation and authorize
implementation of the change in the schedule of the Board's regular and informal meetings on a trial basis
effective January 4, 2011 through February 22, 2011.
XI. ANNOUNCEMENTS
1. County offices will be closed on Thursday, December 23, 2009 and Fnday, December 24, 2010 to
observe Christmas.
2. The Board of County Commissioners December Informal Monthly Meeting has been canceled.
3. County offices will be closed on Friday, December 31, 2010 to observe New Years.
NOTICE: All Proceedings before this Board are electroniqlly recorded. Any person who decides to appeal any action taken by the Board at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim re~rd of the proceedings is made. Upon the request of any party to
the proceedings, individuals testifying during a hearirg will be swom in. Any party to the proceedings will be granted the opportunity to cross~xamine any
individual testifying during a hearing upon request. Anyone with a disability requiring aarommodation to attend this meeting should contact the St. Lucie County
Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty~ight (48) hours prior to the meeting.
Missy Stiadie
From: Michael Powley
Sent: Monday, December 06, 2010 1:13 PM
To: Missy Stiadle
Subject: FW: MCZ Citrus Mine
Michael Powley
County Engineer
Ext. 1667
From: Rick Reikenis jmailto:rreikenis@eastbaygroup.netl
Sent: Monday, December 06, 2010 12:47 PM
To: Michael Powley; Michael Powley; Jeffrey Johnson
Cc: Brad Currie; stacyC~fireflyforyou.com; ec~ Icorpmc~mtCa~gmail.com
Subject: MCZ Citrus Mine
Gentlemen,
As agent for the above-referenced petition, we hereby request to postpone the public hearing scheduled for tomorrow
evening to sometime in January, 2011.
Please let us know if you have any questions or need anything else at this time.
Best regards,
~~~~~~c~
Richard V. Reikenis, P. E., NCEES, LEED AP
Principal
East Bay Group, LLC
631 US Highway 1
Suite 4Q0
North Palm Beach, FL 33408
Tel: 561-296-4525
Cell: 561-818-5381
www.eastbav~rou p. net
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
1
, ~
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: November 23, 2010 Convened: 9:00 a.m.
Adjourned: 9:35 a.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod
Mowery
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan
Mclntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Jack Southard, Public SafetyllT Director,
Marie Gouin, OMB Director, Mark Satterlee, Planning and Development Services Director, Beth Ryder,
Community Services Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the November 9, 2010 meeting.
Approve the minutes from the November 16, 2010 meeting.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the minutes of the meetings held
November 9, 2010 and November 16, 2010, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONSIPRESENTATIONS
There are no proclamations/presentations scheduled for November 23, 2010.
V. GENERAL PUBLIC COMMENT
Mr. Bruce Bagley, area resident, addressed the Board with regard to his new marketing kit developed for
home buyers. His hope is that this kit will assist in stimulating home sales as well as providing jobs.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve the Consent Agenda, and; upon
roll call, motion carried unanimously.
A, WARRANTS
Approve warrant list No. 7 and 8.
The Board approved Warrant List No. 7 and 8.
B. COUNTY ATTORNEY
1. Assignment of Contracts from AECOM USA, Inc. to AECOM Technical Services, Inc.
The Board approved the assignment of C07-04-251, C07-05-255, C07-07-381, C05-04-
190, and C05-04-177 from AECOM USA, Inc. to AECOM Technical Services, Inc.
2. Revocable License Agreement - Simone Simone - 282 NE Summer Road - River Park
The Board approved the Revocable License Agreement, authorized the Chair to sign the
Revocable License Agreement and directed Ms. Simone to record the document in the
Public Records of St. Lucie County, Florida.
1
3. Treasure Coast FBO, L.L.C. - Sublease Agreement with island Air Charters, Inc.
The Board consented to the proposed sublease agreements between Treasure Coast
FBO, L.L.C., and Island Air Charters, Inc.
B. COUNTY ATTORNEY CONTINUED
4. Treasure Coast FBO, L.L.C. - Sublease Agreement with Steve Sorreli Aviation, Inc.
The Board consented to the proposed sublease agreements between Treasure Coast
FBO, L.L.C., and Steve Sorrell Aviation, Inc.
5. Florida Communities Trust - FCT Project 08-057-FF8 - Grant Contract and Confidentiality
Agreement - Becker Preserve
The Board approved the Florida Communities Trust Grant Contract for the Becker
Preserve project and authorized the Chairrnan to sign and transmit the Grant Contract
and Confidentiality Agreement to Florida Communities Trust.
6. Revocation of a License Agreement with River Park Homeowners Association, Inc. - Sign
and Landscaping in the median of Rio Mar Drive
The Board approvetl the Revocation of a License Agreement with the River Park
homeowners Association, Inc., authorized the Chairman to sign the Notice of Revocation
and directed staff to record the document in the Public Records of St. Lucie County,
Florida.
7. St. Lucie County Internationat Airport - Lease Agreement with Civil Air Patrol, Inc.
The Board approved the proposed lease agreement with Civil Air Patrol, Inc., and
authorizetl the Chairman to sign the lease agreement.
C. PLANNING & DEVELOPMENT SERVICES
St. Lucie County International Airport:
1. Resolution No. 10-282; Security Enhancements
The Board approved Resolution No. 10-282 accepting the FDOT Joint Participation
Agreement in the amount of $139,405 for the security enhancements project, and
authorized the Chairman to sign documents as approved by the County Attorney.
2. Annual update to the Comprehensive Plan Capital Improvements Element (CIE) to FY
2010/11 - FY 2014/15.
The Board authorized advertising proposed Ortlinance 10-040 updating the Capital
Improvements Element for FY 2010/11 - FY 2014/15 at a public hearing before the Board
of County Commissioners on December 14, 2009.
D. ENVIRONMENTAL RESOURCES
Florida Power & Light Company License Agreement renewal for Oxbow EcoCenter trail connection
The Board approved the License Agreement and authorized the Chairman to sign documents as
approved by the County Attorney.
E. PARKS & RECREATION SERVICES
1. Capital Improvement Projects - Digital Domain
The Board approved the request from Sterling Facility Services, L.L.C. to complete the
FY10/11 capital improvement projects in the amount of $102,267.77,
2. Garden City Early Leaming Academy AiPP Project
2
11/19/10 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #8 - 13-NOV-2010 TO 19-NOV-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
001 General Fund 293,896.43 30,704.86
001113 CDBG Supp Disaster Recovery Subgran 13,720.01 0.00
001194 U.S. Dept of Housing & Community 4,848.10 0.00
001413 FL Dept. Of Transp Park & Ride 24,188.63 0.00
001509 US Dept of Housing CDBG 09 20,520.20 0.00
001512 Neighborhood Stabilization Program 38,196.50 0.00
001517 HUD Shelter Plus Care 10,977.90 0.00
001523 Emer Mgmt Prep & Assis FY11 (EMPG) 55.46 0.00
001529 CSBG FY 2011 1,917.94 0.00
101 Transportation Trust Fund 143.75 0.00
101002 Transportation Trust/80o Constitut 11,189.16 0.00
101003 Transportation Trust/Local Option 4,832.86 0.00
101004 Transportation Trust/County Fuel Tx 2,753.81 0.00
101006 Transportation Trust/Impact Fees 319,232.00 0.00
102 Unincorporated Services Fund 2,925.09 0.00
102001 Drainage Maintenance MSTU 7.52 0.00
105 Library Special Grants Fund 94.50 0.00
107 Fine & Forfeiture Fund 104,686.45 0.00
107002 Fine & Forfeiture Fund-E911 Surchar 12,354.44 0.00
107003 Fine & Forfeiture Fund-800 Mhz Oper 9,110.76 0.00
107162 Edward Byrne Mem. JAG 2009 70,464.61 0.00
107165 USDOH-ARRA-Edward Byrne JAG 09/10 20,603.88 0.00
115 Sheraton Plaza Fund 611.80 0.00
118 Paradise Park Fund 845.57 0.00
121 Blakely Subdivision Fund 93.41 0.00
129 Parks MSTU Fund 262,559.87 0.00
130102 FTA 5307-ARRA 2009 Capital Projects 52,958.71 0.00
140 Airport Fund 8,878.32 0.00
140001 Port Fund 72.16 0.00
160 Plan Maintenance RAD Fund 6,783.56 0.00
183001 Ct Administrator-Arbitration/Mediat 360.00 0.00
183006 Guardian Ad Litem Fund 1,210.40 0.00
185010 FHFA SHIP 2008/2009 14,837.40 0.00
189100 Home Consortium 1,880.00 0.00
189102 Home Consortium 2009 8,186.80 0.00
190 Sports Complex Fund 51,962.88 0.00
215 Sales Tax Revenue Bonds I&S Fund 1,000.00 0.00
216 County Capital I&S 1,202.00 0.00
217 State Revenue Sharing Bonds I&S Fnd 1,000.00 0.00
310001 Impact Fees-Library 983.04 0.00
315 County Building Fund 102,447.09 0.00
316 County Capital 120,000.00 0.00
401 Sanitary Landfill Fund 19,404.85 0.00
418 Golf Course Fund 14,066.65 1,279.54
451 S. Hutchinson Utilities Fund 12,253.85 0.00
471 No County Utility District-Operatin 105,056.92 0.00
505 Health Insurance Fund 120,946.43 1,633.70
611 Tourist Development Trust-Adv Fund 7,608.06 0.00
/
11/12/10 ST. LUCIE COUN'1'Y - BOARD PAGE 1
~ZABWARR WARRANT LIST #7 - 06-NOV-2010 TO 12-NOV-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
001 General Fund 189,309.54 473,915.39
001009 Gen-One Time Funding 211,601.50 0.00
001113 CDBG Supp Disaster Recovery Subgran 74,768.78 0.00
001176 FTA Section 5303 F/Y06 86,005.00 0.00
001194 U.S. Dept of Housing & Community 22.04 310.60
001435 E911 Intrado-Enhanced Call Routing 64 000.00 0.00
001444 FCTD-Planning Grant FY10-11 ~ 70.09 943.20
001509 US Dept of Housing CDBG 09 5,541.25 0.00
001510 CSBG FY 2009-2010 56.30- 0.00
001512 Neighborhood Stabilization Program 2,096.00 5,901.82
001518 Section 112/MPO/FHWA/Planning 1,378.04 10,767.66
001519 CDBG FY 2008 Disaster Recovery 226.00 1,717.80
001523 Emer Mgmt Prep & Assis FY11 (EMPG) 1 262.95 0.00
001529 CSBG FY 2011 5,391.96 795.63
001533 Energy Efficiency & Conservation B1 4,970.00 0.00
101 Transportation Trust Fund 2,662.53 30,109.97
101001 Transportation Trust Interlocals 80.18
101002 Transportation Trust/80°s Constitut 1,237.60
101003 Transportation Trust/Local O tion 8~~32.40 49,070.83
101004 Transportation Trust/Count Fuel Tx ~~245.07 15,131.37
Y 3,115.51 16,393.30
101006 Transportation Trust/Impact Fees 47 374.17 0.00
102 Unincorporated Services Fund 7,035.04 67,052.67
102001 Drainage Maintenance MSTU 31,041.13 16,678.71
107 Fine & Forfeiture Fund 68,567.20 98,460.19
107001 Fine & Forfeiture Fund-Wireless Sur 2,469.63
107002 Fine & Forfeiture Fund-E911 Surchar 1,122.83
107003 Fine & Forfeiture Fund-800 Mhz Oper 17~560.96 43,452.14
107006 F&F Fund-Court Related Technology 1 ~24 $2 0.00
107205 Juvenile Justice & Delinquency Prev ~105.86 8~~36.95
109 Drug Abuse Fund 1,384.00
130 SLC Public Transit MSTU 35.00 0.00
140 Airport Fund 150.65 2,085.83
140306 DOT-New N. Entrance Port Ft. Pierce 2~399.84 12,188.32
150 Impact Fee Collections 2~330.84 0.00
160 Plan Maintenance RAD Fund 108'89 1,523.20
183 Ct Administrator-19th Judicial Cir 12,597.96 3,282.54
183004 Ct Admin.- Teen Court 4~833.42 3,105.65
183006 Guardian Ad Litem Fund 884'76 5,404.72
185010 FHFA SHIP 2008/2009 494.07 0.00
185011 FHFA SHIP 2009/2010 416.97 0.00
189100 Home Consortium 545.42 0.00
189101 Home Consortium FY 2008 125.21 0.00
189102 Home Consortium 2009 233'29 1,717.80
189201 FHFC Hurricane Housing Recovery Pla 206:95_ 0.00
190 Sports Complex Fund 0.00
310001 Impact Fees-Library 23,119.21 15,809.99
310002 Impact Fees-Parks 5,576.10 0.00
315 County Building Fund 119.59 0.00
1,002.89 0.00
/
The Board approved entering into an agreement with Ginny Piech-Street and Rebecca
Street in the amount of $20,000 to construct and install the Garden City Ear1y Learning
Academy public art project as outlined in the agenda memorandum and authorized the
Chairman to sign the agreement as drafted by the County Attomey.
F. PUBLIC SAFETY
Amendment No. 5 to the Humane Society Agreement
The Board approved Amendment No. 5 to the Humane Society Agreement and authorized the
Chairman to sign documents as approved by the County Attomey.
G. HUMAN RESOURCES
1. Acceptance of the Florida Division of Forestry Annual Fire Control Report
The Board approved acceptance of the Florida Division of Forestry 2009-2010 Annual
Report.
2. St. Lucie County Local Mitigation Strategy Plan
The Board approved Resolution No. 10-299 adopting the updated St. Lucie County Local
Mitigation Strategy Plan.
H. HOUSING & COMMUNITY SERVICES
Transit Division:
1. Park and Ride Lot Designation
The Board approved Resolution No. 10-294 as outlined in the agenda memorandum and
authorized the Chairman to sign documents as approved by the County Attomey.
Housing Division:
2. Deed Transfers
The Board approved the transfer of 5702 University Lane, 7406 Coquina Avenue and
8504 Paso Robles Boulevard to Fort Pierce Housing Authority, dba Fort Pierce Housing
Development and authorized the Chairman to sign documents as approved by the County
Attomey.
H. HOUSING & COMMUNITY SERVICES CONTINUED
Transit Division:
5. Resolution No. 10-300 for HR 2736
The Board approved Resolution 10-300 for HR 2746 and authorized the Chairman to sign
documents as approved by the County Attomey.
VII. PUBLIC HEARINGS
There are no public hearings scheduled for November 23, 2010.
VIII. ENVIRONMENTAL RESOURCES
Wetland Waiver - Howard Creek Estates
Consider staff recommendation to approve the denial Resolution No. 10-265 granting a waiver from the
provisions of Policy 8.1.14.5 of the St. Lucie County Comprehensive Plan.
Staff reviewed the staff report indicating the reason for their recommendation of denial of the requested
petition.
Mr. Anthony Nardone, property owner addressed the Board and provided a July 11, 2003 survey of the
property and an environment letter dated April 2004. He also provided photos of the parcel and a petition
signed by various property owners in support of the waiver.
3
HOWARD CREEK ESTATES
HISTORY
1. Purchased the property in 1972, the aerials on file which were from 1968 photographs
show that the land was high and dry and was part of a agricultural fann producing citric
fruit trees.
In 1973 the zoning was changed from a quarter acre to half acre a requirement from the
board of health for property without water and sewer. The change made it very difficult
to develop or market the property, I had listed the property for sale for many years
without a valid offer.
During the real esta.te surge in property values in 2004&2005, I had offers for two lots on
the property, I proceeded to subdivide the properiy into five lots. This process took over
two years. Needless to say, by that time the interested parries were no longer interested,
the problems with the development process put a bad rep on the property.
In 2003 the property was inspected by the department of environment protection which
clearly shows that lot five had a low area of wetland appro~cimately five feet wide and ten
feet long on the west boundary line.
On the early part of 2009, a builder in the axea made a proposal to purchase lot five to
build a custom home, if I would provide him with having lot five cleared and ready to
build.
I filed for a permit to remove the vegetation on lot five. The county department of
environmental protection requested updated survey for wetland area on lot five. The new
survey showed a wetland area in the northwest part of the lot, this was not there on the
previous inspection.
Again this presented a problem as the builder chose this lot because it was a large over
sized lot. After negotiating a compromise I proceeded to file for a clearing permit. On
September 22, 2009, I received the clearing permit and much to my surprise a 50 foot
buffer was required to protect the wetland portion of the lot, with the wetland portion of
55 feet and the 5~ buffer that is a total of 105 feet from the west boundary line of the lot
that cannot be used or leveled to grade above drainage level.
After many meetings with the state and the county d.e.p.we could not reach a
compromise. It was suggested that I should file for a waiver to use 25 feet of the waiver
so that we could prepaze the lot for a house plan that I submitted to the growth
management department,This plan was modified three times to fit onto the lot.
S Y, REQLTEST, PETITION
Please examine the facts that the lot is 229 feet wide and the wetland and buffer is 145
feet wide leaving a balance of 124 feet of frontage On the southeast portion of the lot is a
60 foot strip of land that is blocking the frontage which now leaves 64 feet of frontage to
the lot. I agree with the county that the remaining squaze feet would amount to enough
land to build on, however the short amount of frontage does not allow a large house with
~
ample access to be placed on the remaining property. If you would examine the plan you
can see that it was altered to have garage entrance winding to the rear of the properiy
behind the strip of land in the southeast corner of the lot. Also take into consideration
that the lot is short in depth, which directs a house plan of rectangular shape is designed
for the property.
One very important factor, that the wetland was not there in the 2003 inspection, when
the catch basin was installed in 2008, the elevation of the catch basin is higher than the
low area of the lot, causing it to flood without proper drainage, that area became the
wetland. If you can examine the photographs, you can see that the lot is heavily wooded
and the buffer area is provided to protect the natwal wetland. This wetland was
manmade in the year 2008 and does not have any natural beauty to protect In my opinion
the buffer will not offer what it is intended for, just imagine a low azea of land without
proper drainage and tree stumps that cannot be mainta.ined. I am requesting to have 25
feet of the buffer so that we can go forward with a plan to build a house. If we were to be
allowed to use all of the buffer, then we could beautify the wetland area into a attractive
area for birds and fish and tropical plantings. There is no compa.rison of a buffer full of
tree stumps, than to a wetland paradise.
I am submitting a signed petition from the neighbors in the area supporting my request
for the wetland waiver,
.
~ r
= ~ s ~ d A.'"'
~ ~ ~ ~ , ~ ~
' 't` ~ '
y: ~ . . ~ . ~
1 . . . . - ~ . . . . . . . . . . . .
ti.. . ~ . . ~ ~ . . ~ ~ ~ ~ ~ -
#F, }r
s
.
; ,
. - ~ , S.
~ . , • ~ -I.+~y.
' . ' _ . . !h+i~~ , `
, ~ . ~ a'~y .r.. . ~ I .
, r:: . + . . , ; . .
.:'!Y • -.4.. ~
.
. -
. . . . r _ . " -
: . ~
. , ~ ~ - ?Yma,..
~ r
y> *
. ,
~
:
~ : ~ t
+ .i ~
y =LL
` ~n
t i 1
iy',~1
. . . ~ _ . . i L:
FUL~. VIIEW OF ]LOT FIVE
~ ,
~ $
y .
~
. , ; ~
. , , :
,w , ,
,
~ ~
I
. t
.r -
~ ~ f ` ~ ; !
. ~ m .
_q~
~ ti ~ •
~R ' '
~ Y`' ~ '
~
~I~~9? C.?~' '~~T~' ~T ~T'dZ3P O~ I.R~ d~+i FR~NT 4~~ ~,.07' FIVE 'Y'f~PS IS N~'~` Pl#Id.'T ~.31~ q
~
PETITION
I AM THE OWNER OF THE VACANT LAN~ ON
~-IOWARD CREEK LA?NE.
1 AM FILTI~TG FOR A WAIVER TO USE 25 FEET
OF A BUFFER THAT TI-~E ~QUNTY REQUiRES
TO PROTECT A WETLAND ARE.A T'HAT IS Il~t
T'HE IlTORTHWEST PART OF LOT 5.
THE WETLAND PORTION MEASURES 55 ~JEET
~ROll~ THE WEST BOUNDR~ LINE AND TI-~E
~LTFFEI~ IS 50 FEET T~-IAT' S A TOTA~ 105 ~EET
I AlV1 NOT PEl~MITTEI~ TO FILL OIZ REM~~E
TREE STUMPS IN THE BUFFER AREA
MY PLANS ARE TO CLEAR AND BUILD ~
HOME ON LOT 5 THAT IS DESIGNED TO USE 25
FEET O~ THE ~UFFER.
I~IAVE A PL,AN TO SHO~W YO~..T.
I HAVE A MEETING WITH THE COUNT'Y
COIV~MISSIONERS AND I NEED YOLJI~
S~TPI'~RT T~ HELP ME TO I-~A`IE T'I-~E ~VA~IER
C~R.AI~TTEI~.
T~-IANK Y~U
'
I s~.pport Mr.I~la,rd~ne's request to th~ c~~ty
co~issi~~ers to use 25 feet of th~ fi~.y foat bu~~r
~.r~~. ~ ot fi~~ ~-I~vvard ~reek E~ta~~s.
G~ r~
~y~
COa S s~
` l r c ~ d~~'s~--'~ `
4'r''`~~~-'`~
~ i~~~•
~ /
~ `--r~l, 2 ~o !~'v~~ t/~~S ~
.
~ ~ ~v
Z 3
a ~ \a~
~ ~ ~
.z~~ ~ ~~p ~ ~ ~ •
~a~ f
?~u 3 ~.vC~ ~.~QS
~Q~~~ _
r / I ~ r~~ ~ '~C-~~ '
' ~ ;,..yj - ~ i ,
~ ! '~.._.J ~ 'l.-..~ 1~
~ ~ .
_
j~.``~~ c~,c~~ j~ ~.-r--~.--- 9 ~l ~ ~ ~~a~ ~ ~
~'Q ~ ~o r -r~,~ ~e ~ ~2 ;
~ L. 1~ s~ ftil o T~~ `~'l~ C,~ ~Qp U L s t G~N,.~- •'r!~ f~ ~ S
I N~~~. u D~ Tl` ~-l E t~ u!~. t u~ G~ ~c~ M~ ~~.r' ~y ~ R S
~ S~S' a e-l ~-7" ! c~ l~l o~ t C- .s - P~' l~~ i~l.'(- S~
~2 ~R. y, ~ R ~ ~4. s v ~ ~ tc~ ~ ~ R~ e ~-1 r~ ~r =
v~.6~~ M~~ r3~~
. ~
, Com. Dzadovsky addressed if there was any indication that this area was a repetitive flood area. He also
addressed it being a simple matter by moving the house to the west and to the north and asked if this had
been considered.
Mr. Nardone stated the wetland is 55 ft. wide from the west boundary adding another 50 brings it to 115 ft.
and then you would have 120 feet left of frontage to get into the property and you cannot build a house on
an angle to get into the house. He continued to review his plan for the house and stated it was an awkward
layout.
Staff advised the Board the water in this area is taken out to the North Fork and does not flood in the
neighbofiood.
Com. Lewis asked staff to address the comments made that this was a man made wetland.
Staff stated in investigating the South Florida Water Management and historical aerials that this was
natural featurelwetland area.
Com. Mowery stated the environmental report from 2004 indicates the wetland existed as far back as 2003
from the DEP. He stated, in looking at the aerial you can see that this particular wetland in light of the
neighborhood, would stay in its complete state. He also stated, the question is the buffer around it and he is
struggling as to whether there would be a dire direct impact and there are some inaccuracies that may have
caused some confusion moving forward.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to deny the request for the waiver, and; upon
rotl call, motion carried unanimously.
IX. ADMINISTRATION
Planning & Zoning CommissionlLocal Planning Agency two at-large vacancies
Consider staff recommendation that the Board vote and appoint two at-large members from the attached
applications submitted to fill the Planning and Zoning Commission at-large vacancies.
Upon tally of the votes, Mr. Brad Culverhouse and Mr. Barry Schrader were appointed as the at-large
members of the Planning and Zoning Commission.
X. ADMINISTRATION
Chamber of Commerce Board of Directors - Change of appointment made by the Chairman
Consider staff recommendation to approve, by motion, the appointment made by the Chairman.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to appoint Com. Mowery on the Chamber of
Commerce Board of Director, and; upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was adjoumed.
Chairman
Clerk of the Circuit Court
4
~
AGENDA REQUEST ITEM NO. IV-A
~ DATE: December 7, 2010
~
~ 'i~ ~
* REGULAR [x ]
. . •
~ PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY~DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBIECT: Resolution No. 10-315 - Proclaiming December 11, 2010 as "Santa
Lucia Day Day of Discovery" in St. Lucie County, Florida.
BACKGROUND: The St. Lucie Historical Society and Heathcote Botanical Gardens has
requested that this Board proclaim December 11, 2010 as "Santa
Lucia Day Day of Discovery" in St. Lucie County, Florida. The
attached Resolution No. 10-315 has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.
10-315 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney:
Daniel S. Mclntyre
~
RESOLUTION NO. 10-315
A RESOLUTION PROCLAIMING DECEMBER 11, 2010 AS
"SANTA LUCIA DAY DAY OF DISCOVERY" IN ST. LUCIE
COUNN, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. Historians believe that the name "St. Lucie" was ~rst applied to this area by the
Spanish.
2. ln 1565, Don Pedro Menendez de Aviles, having destroyed the French Fort
Carline on the St. Johns River, turned south to meet the bulk of the French
forces, who had been driven ashore by a hurricane South of St. Augustine.
3. Menendez met the French at Mantanzas Inlet and the French who surrendered
were put to death. The French, who did not surrender, went south to Cape
Canaveral, built a stockade and started building a ship to go home.
4. Some time later, Don Pedro captured the French and together with the Spanish,
marched the group south heading for the Barra d Ays, as our area was then
known.
5. Supplies ran short and Menendez left most of his men encamped on the barrier
island across from modern Vero Beach and sailed to Havana to get more food.
6. After running out of things to trade with the Indians, Menendez's men started
stealing from the Indians. Fearing attack from the Indians, the men fled south on
foot to Rio, near modern day Martin County.
7. On December 13, 1565, the Spanish and French ferried across the St. Lucie River
and down the Indian River Lagoon close to present day Jupiter, where they
stopped, built a small stockade, raised a flag and celebrated the Feast of Santa
Lucea. This is when the entire area first became known as Santa Lucia (or Lucea).
8. At various times, the area covering the Treasure Coast had been known as "East
Florida" as well as St. Johns County, until it was divided into many counties with
this area known first as Mosquito County, then as Santa Lucea County, then
Brevard County, and finally in 1905 as St. Lucie County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby proclaim December 11, 2010, as "SANTA LUCIA DAY
DAY OF DISCOVERY" in St. Lucie County, Florida.
2. In celebration of our area's rich and diverse history, the St. Lucie Historical
Society will host the Fourth Annual Santa Lucia Day Day of Discovery in
conjunction with Heathcote Botanical Gardens Pioneer Holiday Celebration at
Heathcote on Saturday, December 11, 2010.
3. This Board urges the citizens of St. Lucie County, and visitors alike, to join in the
celebration on December 11, 2010.
PASSED AND DULY ADOPTED this 7th day of December, 2010.
ATTE~T~ BOARD OF COUNTY COMMlSS10NERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
I ~
~ ~ _M1~ ~ . .
Z . . . ~ 1 = `J~:~ .~i1.i'.~~' , . .
~ . ~ : ' ~ ' . . • I
~ . . _ . 'I - - -
. _ ' - r ~ ~ . .
_ . ~ - , . Y ~Vk'~ ~ 'T ~"t o ' . ~ ~ ~ I
. . . . - _ ` ~ "n - - ~ . . . . . I
y . ` ~ . , a ~n w~~, r,~~j~~ N.~ ' -..1, ~~r . . ~ ~ I
.
i . _ i I' ~ .3 n~ . y 1.. . .
t ~
~-i c- ~ - - ~ ~Y~, ? ; 1 fi h~ ~fi <4
r ' a ~ : ~ .
j ~ ~N " ~ i 4 rt' ~ ~ ~ ~
~ a ~ L ' ~ y~ ".,'~i,'
+7~~~+`~ ~a~'~4nF~~~ 'F'`~i . ~
~ ~ ; ° ~ :~.,~K,±~ ` s r ~,~rr , ` ~ ro, y` ,
~ P' ~~ii ~~'1i R~~~ ~ A ~ ~~~~,..`SC~ E~~rx Y~k~ i ~'3 ~•°d 2
,;t ~ ~ . - , r J~ . y~~~ ~ 4~ r k a 37 "i i y,~J'i? ~ ~ d~ r -x
~ ~ ' ~ 2~ '.'i ° y : ~ j `~'~`~'-F aJ'°' ~'~r,1~'a~.+~' ~"t~;~ ~~f5-r ~±c Hal~'wL~ ~ r ~ - ~ . . ;
a. t ~ . i ~ l t`~ , - ~}f Jr ~~?'-~i,~1r rf', ~ Y ~ s} # ~r ` :y' ; ~
~ i F~F rr~., _ . 1 r~ { i . ~ f! ~ ~ ~7~ ~~f ~,,d~?~S .~{'Y t~.-.w F : : - ~
? ~a°~'4 v i ~ ~e~ E ] t ~.:tt ~ frr'-. I - r e ~l'. I
~
~'4 ~ . ~~i .n~ 4 ~ ~,~~1~ y 1- ~l ~ f . ~y -t# ~ ~
:s ~y'~ ~r ~ , r , y ~i ~ ,y r §''r ~ z,:~ ~ ' ' ` p ~
~ Fyr ~ iy y,t."` 1 '~'`'.~F~~I~~S.d 1~ S nk R a. M ' ~r:.
. i '•-0!', 7 ylY'~~ ~fY hT-~.. ~I .~-Y.'~ h ~i:~LA~~~~1~,A,M1,s~1~±~
.;"+y~E ~ ~ fl~ Y3~T` ; 1 w ' ~
. . . . . . . ~ .J, "
. . . . " K__ ' . . _ . . . ; I
. . ~ ~ ~,#'h i ~u , ' 4 F ~ ~~.1 ~i . ~
~ . ~?d'~~ ~i ?,ur`~ s,
~ ~ i . ,
~ ' " . _ _ .J,'! ~..f?['i'Y" Jv.~ . . . ~ t ~f ~ t. . . ~ . . ` ' ~ . ~ ' , . ~
ST. LUCIE COUNTY - BOARD PAGE 1
11/24/10
FZABWARR WARRANT LIST #9 - 20-NOV-2010 TO 24-NOV-2010
FUND SUMMARY
EXPENSES PAYROLL
FUND TITLE
001 General Fund 247,298.56 503,292.20
15,750.00 0.00
001009 Gen-One Time Funding 0.00
001113 CDBG Supp Disaster Recovery Subgran 30,722.2~ 310.61
001194 U.S. Dept of Housing & Community 64.03 862.47
001444 FCTD-Planning Grant FY10-11 2~gpg,05 0.00
001509 US Dept of Housing CDBG 09
001512 Neighborhood Stabilization Program 23,389.60 5,901.83
001518 Section 112/MPO/FHWA/Planning 663.79 9,032.38
001519 CDBG FY 2008 Disaster Recovery 124.62 1,717.79
001523 Emer Mgmt Prep & Assis FYll (EMPG) 108.00 0.00
001529 CSBG FY 2011 1,277.83 795.63
101 Transportation Trust Fund 2,419.06 30,256.27
101001 Transportation Trust Interlocals 80.32 1,237.60
101002 Transportation Trust/80o Constitut 23,452.87 45,159.82
101003 Transportation Trust/Local Option 7,196.23 14,792.10
101004 Transportation Trust/County Fuel Tx 4,889.51 16,120.00
101113 FDOT Design Weatherbee Rd Sidewalk 98,666.80
102 Unincorporated Services Fund 6,650.95 65,845.49
102001 Drainage Maintenance MSTU 22,673.89 16,358.45
105 Library Special Grants Fund 29.99 0.00
107 Fine & Forfeiture Fund 17,834.70 102,035.65
107001 Fine & Forfeiture Fund-Wireless Sur 87.14 1,122.83
107002 Fine & Forfeiture Fund-E911 Surchar 3,711.02 49'920.00
107005 F&F Fund-Legal Aid 8~888'59
107006 F&F Fund-Court Related Technology 37,721.17 8,736.95
107205 Juvenile Justice & Delinquency Prev 150.66 2,085.83
130 SLC Public Transit MSTU 0.00
130102 FTA 5307-ARRA 2009 Capital Projects 681.12
140 Airport Fund 17,980.22 11,924.86
140001 Port Fund 148.80 0.00
140135 FAA Security Fencing & Runway 9L/27 4,464.24 0.00
140335 Parallel Runway Design-9L/27R 234.96
140356 FDOT Airport Master Plan Update 654.30 0.00
140358 FDOT Update Master Drainage Plan 1,154.00 0.00
140366 FDOT-Stormwater Pollution Prev. 20,882.14 0.00
150 Impact Fee Collections 109.70 1,523.20
160 Plan Maintenance RAD Fund 10,896.51 3,311.22
162 Tourism Dev-5th Cent 7,632.08 0.00
183 Ct Administrator-19th Judicial Cir 1,281.70 3,100.00
183001 Ct Administrator-Arbitration/Mediat 60.00
183004 Ct Admin.- Teen Court 2,114.99 5,404.72
183006 Guardian Ad Litem Fund 14,772.43 0.00
184211 FDEP South SLC Beach Restoration 40,766.36 0.00
184215 DEP Ft Pierce Shore Protection 2012 118,770.52 0.00
189101 Home Consortium FY 2008 345.87 1,717.79
189102 Home Consortium 2009 791.66 0.00
190 Sports Complex Fund 2,612.90 18,929.26
310001 Impact Fees-Library 1,368.30 0.00
ST. LUCIE COUNTY - BOARD PAGE 2
11/24/10
FZABWARR WARRANT LIST #9 - 20-NOV-2010 TO 24-NOV-2010
FUND SUMMARY
EXPENSES PAYROLL
FUND TITLE
66,254.21 0.00
316 County Capital
401 Sanitary Landfill Fund 196,785.66 49,987.31
418 Golf Course Fund 18,744.18 17,746.36
5,890.77 3,377.41
451 S. Hutchinson Utilities Fund 50 88 6gg,95
458 SH Util-Renewal & Replacement Fund 1,615.60 0.00
461 Sports Complex Fund
471 No County Utility District-Operatin 16,050.75 7,250.73
111.06 1,503.04
q~g No Cty Util Dist-Renewal & Replace
q7g No Cty Util Dist-Capital Facilities 116.87 1,572.34
491 Building Code Fund 1,748.05 18,627.56
505 Health Insurance Fund 1,976.50 1,186.40
505001 Property/Casualty Insurance Fund 24,368.44 4,929.37
611 Tourist Development Trust-Adv Fund 9,143.42 1,900.00
625 Law Library 5,921.00
801 Bank Fund 205,999.35 0.00
GRAND TOTAL: 1,359,750.43 1,031,666.10
_
~ ~ M
AGEN~A REQUEST ITEM NO. VI-6-1
~
~ Dnte: December 7, 2010
• ' ' Regulnr [ ]
Public Hearing [ ]
Consent [X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Henther Young
Assistant County Attorney
SUBJECT: Madison Vines, L.L.C. - Approval of Freddie Mnc Subordination Agreement
BACKGROUND: See C.A. No. 10-1561
FUNDS AVAIL.~ (State type & No. of transaction or N/A): N/A
RECOMMENDATION~ Stnff recommends that the Bonrd of County Commissioners approve the proposed
Freddie Mac subordination ngreement for Mndison Vines, L.L.C., and authorize the Choirman to sign the
subordination agreement, sub ject to approval of the final document by the County Attorney as to legal form
and correctness.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED [ ] DENIED
[ ] OTHER: Ac
Approved 5-0 Faye W. Outlaw, M.P.A.
County Administrator
Coord i nnti on/5 i gnntures
p !
Coun Attorne : V Mgt. & Budget: Purchasing:
tY Y
Dan ,,,,~cIntyre
Originating Dept.:'~ `~'L- Other : Other :
Beth Ryder
Finance (Check for Copy only, if applicnble):
~
~
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 10-1561
DATE: November 18, 2010
SUBJECT: Mndison Vines, L.L.C. - Approval of Freddie Mac Subordination Agreement
BACKGROUN~:
On April 27, 2010, the Bourd of County Commissioners approved Q mortgage and
relnted documents for the Mndison Vines, L.L.C. affordable multi-fnmily rental community
located at 4262 Olennder Avenue. The ninety-two (92) unit pro ject is currently under
construction. The Floridu Housing Finance Corporation has approved u loan to Mudison
Vines in the umount of ten million eight hundred thirty-seven thousnnd five hundred und
00/100 dollars ($10,837,500.00) to ussist in financing and construction of the project.
Additionnl financing for the pro ject was obtained from PNC Bank in the amount of one
milfion seven hundred eighteen thousand and 00/100 dollars ($1,718,000.00). As part of
the 2008 Universal Cycle of the Florida Housing Finance Corporation's tax credit progrctm,
the County encumbered one hundred fifty thousctnd and 00/100 dollars ($150,000.00)
from SHIP funds for the pro ject. These funds were secured by a promissory note nnd
mortgage from Mndison Vines to the County which provide for the loan to repaid over
thirty (30) years. In nccordance with its development npprovals, Madison Vines nlso
donated thirty-five feet (35') of right-of-way to the County and entered into nn
agreement to contribute fifteen thousnnd nnd 00/100 dollars ($15,000.00) for the
installution of a transit shelter.
The Board's earlier npprovals included an Intercreditor and Subordination
Agreement which established the priority of the three lenders, with the County as the
subordinate lender, and the procedure for ndvances under the loan documents. The
developer is in the process of converting its interim construction financing to a Freddie
Mnc permanent loan and has requested the County ctpprove the standard Freddie Mac
subordination agreement, a copy of which is attuched. The Senior Lender for the Freddie
Mac lonn hns not yet been determined. Stnff has reviewed the stcandard subordination
ngreement und finds it acceptuble as to legal form Qnd correctness.
1
RECOMMENDATION/CONCLUSION :
Staff recommends thut the Board of County Commissioners approve the proposed
Freddie Mac subordination ngreement for Mndisoct tonAS rovaal of the f al document
C hairman to s i g n t h e s u b o r d i n n t i o n a
g r e e m e n t, s u b ~ e p p
by the County Attorney as to legal form and correctness.
Respectfully submitted,
7~.~_
Henther Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Housing and Community Services Director
Finance Director
Management and Budget Director
Housing Manager
2
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into this
day of , 2010, by and between
(the "Senior Lender"), and ST. LUCIE COLINTY, FLORIDA, a political subdivision of
the State of Florida (the "Subordinate Lender").
RECITALS
A. MADISON VINES, LLC, a Florida limited liability company (the "Borrower") is
the owner of certain land located in St. Lucie, County, Florida, described in
Exhibit A hereto (the "Land"). The Land is currently improved with a
multifamily housing project (the "Improvements").
B. The Senior Lender is making a loan to the Borrower in the original principal
amount of $1,718,000.00. The loan will be secured by a Multifamily Mortgage,
Assignment of Rents and Security Agreement dated
2010 (the "Senior Mortgage") encumbering the Land and Improvements and
other "Mortgaged Property" (as defined in the Senior Mortgage).
C• The Subordinate Lender has made a loan to the Borrower in the original principal
amount of $150,000.00. The loan is secured by that certain Mortgage, Assignment
of Rents and Security Agreement dated April 29, 2010, (the "Subordinate
Mortgage") encumbering the Land and Improvements.
D. The Senior Mortgage is intended to be recorded in the Public Records of St.
Lucie, County, Florida. The Subordinate Mortgage was recorded April 30, 2010,
in Official Records Book 3192, Page 443, of the Public Records of St. Lucie
County, Florida.
E. The execution and delivery of this Agreement is a condition of Senior Lender's
making the Senior Mortgage loan.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. DEFINITIONS. The following terms, when used in this Agreement (including,
as appropriate, when used in the above recitals), shall have the following
meanings.
(a) The terms "Condemnation", "Impositions", `~Leases", ~~Rents"
~
"Restoration" and "Transfer", as well as any term used in this
Agreement and not otherwise defined in this Agreement, shall have the
meanings given to those terms in the Senior Mortgage.
Subordination Agreement-Madison Vines Page 1 of 18
(b) `Bankruptcy Proceeding" means any bankruptcy, reorganization,
insolvency, composition, restructuring, dissolution, liquidation,
receivership, assignment for the benefit of creditors, or custodianship
action or proceeding under any federal or state law with respect to the
Borrower, any guarantor of any of the Senior Indebtedness, any of their
respective properties, or any of their respective partners, members,
officers, directors, or shareholders.
(c) `Borrower" means all persons or entities identified as "Borrower" in the
first paragraph of this Agreement, together with their successors and
assigns, and any other person or entity who acquires title to the Land and
Improvements after the date of this Agreement; provided that the term
"Borrower" shall not include the Senior Lender in the event that the Senior
Lender may acquire title to the Land and Improvements.
(d) "Casualty" means the occurrence of damage to or loss of any of the
Mortgaged Property by fire or other casualty.
(e) "Enforcement Action" means the acceleration of all or any part of the
Subordinate Indebtedness, the advertising of or commencement of any
foreclosure or trustee's sale proceedings, the exercise of any power of sale,
the acceptance of a deed or assignment in lieu of foreclosure or sale, the
collecting of Rents, the obtaining of or seeking of the appointment of a
receiver, the seeking of default interest, the taking of possession or control
of any of the Mortgaged Property, the commencement of any suit or other
legal, administrative, or arbitration proceeding based upon the Subordinate
Note or any other of the Subordinate Loan Documents, the exercising of
any banker's lien or rights of set-off or recoupment, or the taking of any
other enforcement action against the Borrower, any other party liable for
any of the Subordinate Indebtedness or obligated under any of the
Subordinate Loan Documents, or the Mortgaged Property.
( fl "Enforcement Action Notice" means a written notice from the
Subordinate Lender to the Senior Lender, given following a Subordinate
Mortgage Default and the expiration of any notice or cure periods
provided for such Subordinate Mortgage Default in the Subordinate Loan
Documents, setting forth in reasonable detail the Enforcement Action
proposed to be taken by the Subordinate Lender.
(g) "Loss Proceeds" means all monies received or to be received under any
insurance policy, from any condemning authority, or from any other
source, as a result or any Condemnation or Casualty.
Subordination Agreement-Madison Vines Page 2 of 18
(h) "Restrictive Covenant" means [individually and collectively] the
Declaration of Restrictive Covenant dated Apri123, 2010, and recorded
Apri130, 2010 in Official Records Book 3192, Page 636, Public Records
of St. Lucie County, Florida.
(i) "Senior Indebtedness" means the "Indebtedness" as defined in the Senior
Mortgage.
(1) "Senior Lender" means the "Lender" as defined in the Senior Mortgage.
When any other person or entity becomes the legal holder of the "Note"
(as defined in the Senior Mortgage), such other person or entity
automatically shall become the Senior Lender.
(k) "Senior Loan Documents" means the "Loan Documents" as defined in
the Senior Mortgage.
(1) "Senior Mortgage Default" means any act, failure to act, event,
condition, or occurrence which constitutes, or which with the giving of
notice or the passage of time, or both, would constitute, an"Event of
Default" as defined in the Senior Mortgage.
(m) "Subordinate Indebtedness" means all sums evidenced or secured or
guaranteed by, or otherwise due and payable to the Subordinate Lender
pursuant to, the Subordinate Loan Documents.
(n) "Subordinate Lender" means the person or entity named as such in the
first paragraph of this Agreement and any other person or entity who
becomes the legal holder of the Subordinate Note after the date of this
Agreement.
(o) "Subordinate Loan Documents" means the Subordinate Mortgage, the
Subordinate Note, the Restrictive Covenant and all other documents at any
time evidencing, securing, guaranteeing, or otherwise delivered in
connection with the Subordinate Indebtedness, as the same may be
amended from time to time.
(p) "Subordinate Mortgage Default" means any act, failure to act, event,
condition, or occurrence which allows (but for any contrary provision of
this Agreement), or which with the giving of notice or the passage of time,
or both, would allow (but for any contrary provision of this Agreement),
the Subordinate Lender to take an Enforcement Action.
(q) "Subordinate Note" means the promissory note or other evidence of the
Subordinate Indebtedness referred to in the Subordinate Mortgage and any
replacement thereof.
Subordination Agreement-Madison Vines Page 3 of 18
2. SUBORDINATION OF SUBORDINATE INDEBTEDNESS.
(a) The Subordinate Indebtedness is and shall at all times continue to be
subject and subordinate in right of payment to the prior payment in full of
the Senior Indebtedness.
(b) Until the occurrence of a Senior Mortgage Default, the Subordinate Lender
shall be entitled to retain for its own account all payments made on
account of the principal of and interest on the Subordinate Indebtedness in
accordance with the requirements of the Subordinate Loan Documents;
provided no such payment is made more than ten (10) days in advance of
the due date thereof. However, immediately upon the Subordinate
Lender's receipt of notice or actual knowledge of a Senior Mortgage
Default, the Subordinate Lender will not accept any payments on account
of the Subordinate Indebtedness, and the provisions of Section 2(c) of this
Agreement shall apply. The Subordinate Lender acknowledges that a
Subordinate Mortgage Default constitutes a Senior Mortgage Default.
Accordingly, upon the occurrence of a Subordinate Mortgage Default, the
Subordinate Lender shall be deemed to have actual knowledge of a Senior
Mortgage Default.
(c) If (i) the Subordinate Lender receives any payment, property, or asset of
any kind or in any form on account of the Subordinate Indebtedness
(including, without limitation, any proceeds from any Enforcement
Action) after a Senior Mortgage Default of which the Subordinate Lender
has actual knowledge or has been given notice, or (ii) the Subordinate
Lender receives, voluntarily or involuntarily, by operation of law or
otherwise, any payment, property, or asset in or in connection with any
Bankruptcy Proceeding, such payment, property, or asset will be received
and held in trust for the Senior Lender. The Subordinate Lender will
promptly remit, in kind and properly endorsed as necessary, all such
payments, properties, and assets to the Senior Lender. The Senior Lender
shall apply any payment, asset, or property so received from the
Subordinate Lender to the Senior Indebtedness in such order, amount (with
respect to any asset or property other than immediately available funds),
and manner as the Senior Lender shall determine in its sole and absolute
discretion. The Subordinate Lender hereby designates and appoints,
irrevocably and coupled with an interest, the Senior Lender (and all
persons and entities designated by the Senior Lender) as the Subordinate
Lender's true and lawful attorney-in-fact with power to endorse the name
of the Subordinate Lender upon any check or other instrument and to take
any action necessary to collect any payment, property, or asset referred to
in, or otherwise to effectuate the provisions of, this Section 2(c).
Subordination Agreement-Madison Vines Page 4 of 18
(d) Without limiting the complete subordination of the Subordinate
Indebtedness to the payment in full of the Senior Indebtedness, in any
Bankruptcy Proceeding, upon any payment or distribution (whether in
cash, property, securities, or otherwise) to creditors (i) the Senior
Indebtedness shall first be paid in full in cash before the Subordinate
Lender shall be entitled to receive any payment or other distribution on
account of or in respect of the Subordinate Indebtedness, and (ii) until all
of the Senior Indebtedness is paid in full in cash, any payment or
distribution to which the Subordinate Lender would be entitled but for this
Agreement (whether in cash, property, or other assets) shall be made to the
Senior Lender.
(e) The subordination of the Subordinate Indebtedness shall continue in the
event that any payment under the Senior Loan Documents (whether by or
on behalf of the Borrower, as proceeds of security or enforcement of any
right of set-off or otherwise) is for any reason repaid or returned to the
Bonower or its insolvent estate, ar avoided, set aside or required to be
paid to the Borrower, a trustee, receiver or other similar party under any
bankruptcy, insolvency, receivership ar similar law. In such event, the
Senior Indebtedness or part thereof originally intended to be satisfied shall
be deemed to be reinstated and outstanding to the extent of any repayment,
return, or other action, as if such payment on account of the Senior
Indebtedness had not been made.
3. SUBORDINATION OF SUBORDINATE LOAN DOCUMENTS.
(a) The Subordinate Mortgage and each of the other Subordinate Loan
Documents are, and shall at all times remain, subject and subordinate in all
respects to the liens, terms, covenants, conditions, operations, and effects
of the Senior Mortgage and each of the other Senior Loan Documents.
(b) The subordination of the Subordinate Loan Documents and of the
Subordinate Indebtedness shall apply and continue notwithstanding (i) the
actual date and time of execution, delivery, recording, filing or perfection
of the Senior Mortgage and other Senior Loan Documents and of the
Subordinate Mortgage and other Subordinate Loan Documents, and (ii) the
availability of any collateral to the Senior Lender, including the
availability of any collateral other than the Mortgaged Property.
(c) By reason of, and without in any way limiting, the full subordination of the
Subordinate Indebtedness and the Subordinate Loan Documents provided
for in this Agreement, all rights and claims of the Subordinate Lender
under the Subordinate Mortgage or under the Subordinate Loan
Documents in or to the Mortgaged Property or any portion thereof, the
proceeds thereof, the Leases thereof, the Rents, issues and profits
Subordination Agreement-Madison Vines Page 5 of 18
therefrom, and the Loss Proceeds payable with respect thereto, are
expressly subject and subordinate in all respects to the rights and claims of
the Senior Lender under the Senior Loan Documents in and to the
Mortgaged Property or any portion thereof, the proceeds thereof, the
Leases thereof, the Rents, issues and profits therefrom, and the Loss
Proceeds payable with respect thereto.
(d) If the Subordinate Lender, by indemnification, subrogation or otherwise,
shall acquire any lien, estate, right or other interest in any of the
Mortgaged Property, that lien, estate, right or other interest shall be fully
subject and subordinate to the receipt by the Senior Lender of payment in
full of the Senior Indebtedness, and to the Senior Loan Documents, to the
same extent as the Subordinate Indebtedness and the Subordinate Loan
Documents are subordinate pursuant to this Agreement.
(e) In confirmation, and not as a condition, of the subordination of the
Subordinate Indebtedness and the Subordinate Loan Documents provided
for in this Agreement, the Subordinate Lender shall place on or attach to
the Subordinate Note the following notice, and shall provide the Senior
Lender with a copy of the Subordinate Note showing such notice:
"The right of the holder of this promissory note to payment of any of
the indebtedness evidenced by this promissory note is and shall at all
times be subordinate to the right of the holder of that certain
Multifamily Note dated , 2010, from the maker
of this promissory note to the order of
(the "Senior Note"), to payment in full of the indebtedness evidenced
by the Senior Note. The foregoing subordination is pursuant to a
Subordination Agreement dated , 2010
between and the
holder on the date of the Subordination Agreement of this
promissory note."
4. ADDITIONAL REPRESENTATIONS AND COVENANTS.
(a) The Subordinate Lender represents and warrants that (i) the Subordinate
Lender is now the owner and holder of the Subordinate Loan Documents;
(ii) the Subordinate Loan Documents are now in full force and effect; (c)
the Subordinate Loan Documents have not been modified or amended; (iv)
no Subordinate Mortgage Default has occurred, (v) the current principal
balance of the Subordinate Indebtedness is $ ;(vi) no
scheduled monthly payments under the Subordinate Note have been or
will be prepaid; and (vii) none of the rights of the Subordinate Lender
under any of the Subordinate Loan Documents are subject to the rights of
any third parties, by way of subrogation, indemnification or otherwise.
Subordination Agreement-Madison Vines Page 6 of 18
(b) Without the prior written consent of the Senior Lender in each instance,
the Subordinate Lender shall not (i) amend, modify, waive, extend, renew
or replace any provision of any of the Subordinate Loan Documents, or ii
pledge, assign, transfer, convey, or sell any interest in the Subordinate
Indebtedness or any of the Subordinate Loan Documents; or (iii) accept
any payment on account of the Subordinate Indebtedness other than a
regularly scheduled payment of interest or principal and interest made not
earlier than ten (10) days prior to the due date thereof, or as expressly
authorized in Section 4(i); or (iv) take any action which has the effect of
increasing the Subordinate Indebtedness, or (v) appear in, defend or bring
any action to protect the Subordinate Lender's interest in the Mortgaged
Property, or (vi) take any action concerning environmental matters
affecting the Mortgaged Property.
(c) The Subordinate Lender shall deliver to the Senior Lender a copy of each
notice received or delivered by the Subordinate Lender pursuant to the
Subordinate Loan Documents or in connection with the Subordinate
Indebtedness, simultaneously with the Subordinate Lender's delivery or
receipt of such notice. The Senior Lender shall deliver to the Subordinate
Lender a copy of each notice of a Senior Mortgage Default delivered by
the Senior Lender, simultaneously with the Senior Lender's delivery of
such notice. Neither giving nor failing to give a notice to the Senior
Lender or Subordinate Lender pursuant to this Section 4(c) shall affect the
validity of any notice given by the Senior Lender or Subordinate Lender to
the Borrower, as between the Borrower and such of the Senior Lender or
the Subordinate Lender as provided the notice to the Borrower.
(d) Without the prior written consent of the Senior Lender in each instance,
the Subordinate Lender will not commence, or join with any other creditor
in commencing, any Bankruptcy Proceeding. In the event of a Bankruptcy
Proceeding, the Subordinate Lender shall not vote affirmatively in favor of
any plan of reorganization or liquidation unless the Senior Lender has also
voted affirmatively in favor of such plan. In the event of any Bankruptcy
Proceeding, the Subordinate Lender shall not contest the continued accrual
of interest on the Senior Indebtedness, in accordance with and at the rates
specified in the Senior Loan Documents, both for periods before and for
periods after the commencement of such Bankruptcy Proceedings.
(e) Whenever the Subordinate Loan Documents give the Subordinate Lender
approval or consent rights with respect to any matter, and a right of
approval or consent with regard to the same or substantially the same
matter is also granted to the Senior Lender pursuant to the Senior Loan
Documents or otherwise, the Senior Lender's approval or consent or
failure to approve or consent, as the case may be, shall be binding on the
Subordination Agreement-Madison Vines Page 7 of 18
Subordinate Lender. None of the other provisions of this Section 4 are
intended to be in any way in limitation of the provisions of this Section
4(e).
( fl All requirements pertaining to insurance under the Subordinate Loan
Documents (including requirements relating to amounts and types of
coverages, deductibles and special endorsements) shall be deemed
satisfied if the Borrower complies with the insurance requirements under
the Senior Loan Documents. All original policies of insurance required
pursuant to the Senior Loan Documents shall be held by the Senior ~
Lender. Nothing in this Section 4( fl shall preclude the Subordinate Lender
from requiring that it be named as a Lender and loss payee, as its interest
may appear, under all policies of properly damage insurance maintained by
the Borrower with respect to the Mortgaged Property, provided such action
does not affect the priority of payment of Proceeds, or that the Subordinate
Lender be named as an additional insured under all policies of liability
insurance maintained by the Borrower with respect to the Mortgaged
Property.
(g) In the event of a Condemnation or a Casualty, the following provisions
shall apply:
(i) the rights of the Subordinate Lender (under the Subordinate Loan
Documents or otherwise) to participate in any proceeding or action
relating to a Condemnation or a Casualty, or to participate or join
in any settlement of, or to adjust, any claims resulting from a
Condemnation or a Casualty, shall be and remain subordinate in all
respects to the Senior Lender's rights under the Senior Loan
Documents with respect thereto, and the Subordinate Lender shall
be bound by any settlement or adjustment of a claim resulting from
a Condemnation or a Casualty made by the Senior Lender;
(ii) all Loss Proceeds shall be applied either to payment of the costs
and expenses of Restoration or to payment on account of the
Senior Indebtedness, as and in the manner determined by the
Senior Lender in its sole discretion;
(iii) in the event the Senior Lender applies or releases Loss Proceeds for
the purposes of Restoration of the Mortgaged Property, the
Subordinate Lender shall release for such purpose all of its right,
title and interest, if any, in and to such Loss Proceeds. If the Senior
Lender holds Loss Proceeds, or monitors the disbursement thereof,
the Subordinate Lender shall not do so. Nothing contained in this
Agreement shall be deemed to require the Senior Lender to act for
or on behalf of the Subordinate Lender in connection with any
Subordination Agreement-Madison Vines Page 8 of 18
Restoration or to hold or monitor any Loss Proceeds in trust for or
otherwise on behalf of the Subordinate Lender, and all or any Loss
Proceeds may be commingled with any funds of the Senior Lender;
and
(iv) if the Senior Lender elects to apply Loss Proceeds to payrnent on
account of the Senior Indebtedness, and if the application of such
Loss Proceeds results in the payment in full of the entire Senior
Indebtedness, any remaining Loss Proceeds held by the Senior
Lender shall be paid to the Subordinate Lender unless another party
has asserted a claim to the remaining Loss Proceeds.
(h) The Subordinate Lender shall enter into recognition and non-disturbance
agreements with any tenants under commercial or retail Leases to whom
the Senior Lender has granted recognition and non-disturbance, on the
same terms and conditions given by the Senior Lender.
(i) Except as provided in this Section 4(i), and regardless of any contrary
provision in the Subordinate Loan Documents, the Subordinate Lender
shall not collect payments for the purpose of escrowing for any cost or
expense related to the Mortgaged Property or for any portion of the
Subordinate Indebtedness. However, if the Senior Lender is not collecting
escrow payments for one or more Impositions, the Subordinate Lender
may collect escrow payments for such Impositions; provided that all
payments so collected by the Subordinate Lender shall be held in trust by
the Subordinate Lender to be applied only to the payment of such
Impositions.
(j) Within ten (10) days after request by the Senior Lender, the Subordinate
Lender shall furnish the Senior Lender with a statement, duly
acknowledged and certified setting forth the then-current amount and
terms of the Subordinate Indebtedness, that there exists no default under
the Subordinate Loan Documents (or describing any default that does
exist), and such other information with respect to the Subordinate
Indebtedness as the Senior Lender may request.
(k) The Senior Lender may waive, postpone, extend, reduce or otherwise
modify any provisions of the Seniar Loan Documents without the
necessity of obtaining the consent of or providing notice to the
Subordinate Lender, and without affecting any of the provisions of this
Agreement. Notwithstanding the forgoing, Senior Lender may not modify
any provisions of the Senior Loan Documents that increases the Senior
Indebtedness, except for increases in the Senior Indebtedness that results
from advances made by Senior Lender to protect the security ar lien
Subordination Agreement-Madison Vines Page 9 of 18
priority of Senior Lender under the Senior Loan Documents or to cure
defaults under the Subordinate Loan Documents.
5. DEFAULT UNDER LOAN DOCUMENTS.
(a) For a period of ninety (90) days following delivery of an Enforcement
Action Notice given by the Subordinate Lender as a consequence of the
Subordinate Mortgage Default, the Senior Lender shall have the right to
cure any Subordinate Mortgage Default, provided if such Subordinate
Mortgage Default is not capable of being cured within such ninety (90)
days period and Senior Lender has commenced and is diligently pursuing
such cure to completion, such additional period of time as may be required
to cure such Subordinate Mortgage Default or until such time, if ever, as
the Senior Lender's delivery to the Subordinate Lender of written consent
to an Enforcement Action described in an Enforcement Action Notice
given by the Subordinate Lender as a consequence of the Subordinate
Mortgage Default. The Senior Lender shall not have any obligation
whatsoever to cure any Subordinate Mortgage Default. The Senior Lender
shall not be subrogated to the rights of the Subordinate Lender under the
Subordinate Loan Documents by reason of the Senior Lender having c~red
any Subordinate Mortgage Default. However, the Subordinate Lender
acknowledges that all amounts advanced or expended by the Senior
Lender in accordance with the Senior Loan Documents to cure a
Subordinate Mortgage Default shall be added to and become a part of the
Senior Indebtedness under Section 12 of the Senior Mortgage and shall be
secured by the lien of, the Senior Mortgage.
(b) The Senior Lender shall deliver to the Subordinate Lender a notice within
five business days in each case where the Senior Lender has given notice to
the Borrower of a Senior Mortgage Default. Failure of the Senior Lender to
send notice to the Subordinate Lender shall not prevent the exercise of the
Senior Lender's rights and remedies under the Senior Mortgage Documents,
subject to the provisions of this Agreement. The Subordinate Lender shall
have the right, but not the obligation, to cure any such Senior Mortgage
Default within 30 days following the date of such notice; provided, however,
that the Senior Lender shall be entitled during such 30-day period to
continue to pursue its remedies under the Senior Mortgage Documents.
Subordinate Lender may have up to 90 days from the date of the notice to
cure a non-monetary default if during such 90-day period Subordinate
Lender keeps current all payments required by the Senior Mortgage
Documents. In the event that such a non-monetary default creates an
unacceptable level of risk relative to the Mortgaged Property, or Senior
Lender's secured position relative to the Mortgaged Property, as determined
by Senior Lender in its sole discretion, then Senior Lender may exercise
during such 90-day period all a~ailable rights and remedies to protect and
Subordination Agreement-Madison Vines Page 10 of 18
preserve the Mortgaged Property and the rents, revenues and other proceeds
from the Mortgaged Property. All amounts paid by the Subordinate Lender
to the Senior Lender to cure a Senior Mortgage Default shall be deemed to
have been advanced by the Subordinate Lender pursuant to, and shall be
secured by the lien of, the Subordinate Mortgage.
(c) In the event of a Subordinate Mortgage Default, the Subordinate Lender
will not commence any Enforcement Action until after the expiration of a
period of ninety (90) days after the Subordinate Lender has given the
Senior Lender an Enforcement Action Notice with respect to such
Enforcement Action, provided that during such 90 day period, the
Subordinate Lender shall be entitled to seek specific performance to
enforce covenants and agreements of the Borrower relating to income,
rent, or affordability restrictions contained in the Restrictive Covenant
subject to Senior Lender's right to cure a Subordinate Mortgage Default
set forth in Section 5(a). Subordinate Mortgage may not commence any
other Enfarcement Action, including but not limited to any foreclosure
action under the Subordinate Loan Documents, until the earlier of (A) the
expiration of such ninety (90) day period or; (B) the delivery by Senior
Lender to the Subordinate Lender of the Senior Lender's written consent
to such Enforcement Action by the Subordinate Lender. The Subordinate
Lender acknowledges that the Seniar Lender may grant ar refuse consent
to the Subordinate Lender's Enforcement Action in the Senior Lender's
sole and absolute discretion, and that such discretion may be exercised in
an arbitrary manner. At the expiration of such ninety (90) day period,
subject to Senior Lender's right to cure set forth in Section 5(a),
Subordinate Lender may commence any Enforcement Action. Any
Enfarcement Action on the part of the Subordinate Lender shall be subject
to the provisions of this Agreement. The Subordinate Lender
acknowledges that the provisions of this Section 5(c) are fair and
reasonable under the circumstances, that the Subordinate Lender has
received a substantial benefit from the Senior Lender having granted its
consent to the Subordinate Mortgage, and that the Senior Lender would
not have granted such consent without the inclusion of these provisions in
this Agreement.
(d) The Senior Lender may pursue all rights and remedies available to it under
the Senior Loan Documents, at law, or in equity, regardless of any
Enforcement Action Notice or Enforcement Action by the Subordinate
Lender. No action or failure to act on the part of the Senior Lender in the
event of a Subordinate Mortgage Default or commencement of an
Enforcement Action shall constitute a waiver on the part of the Senior
Lender of any provision of the Senior Loan Documents or this Agreement.
Subordination Agreement-Madison Vines Page 11 of 18
~
~ PROPERTYACQUISITION DIVISION
~
• ' ' ' ~ 1VI~IVIORANDUIVL
TO~ Boctrd of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE~ December 7, 2010
SUBJECT; Donation of Right-of-Way
Lakewood Park United Methodist Church
15-feet on Turnpike Feeder RoQd
Warranty Deed of Donation
Resolution No. 10-312
BACKGROUND:
On July 15, 2003, Lakewood Park United Methodist Church received Major Site Plan
approval by Resolution No. 03-087. According to the requirements of their site plan
approval, Lakewood Park United Methodist Church was to donate 15-feet of right-way to
St. Lucie County on Turnpike Feeder Raad.
Attached is a copy of the Warranty Deed for ponation for 15-feet of right-of-wQy on
Turnpike Feeder Road along with Resolution No. 10-312 for your review and acceptance.
RECOMMENDATION:
Staff recommends that the Board uccept the Wurranty Deed of DonQtion, authorize the
Chairman to sign Resolution No. 10-312 and direct staff to record the documents in the
Public Records of St. Lucie County, Florida.
Respectfully submitted,
nn Riley ~
Property Acquisition Manager
AGENDA REOUEST ITEM NO. VI-B-2
- ~ . ~
DATE: December 7, 2010
• ~GUL,~ L ~
. • ~ .
PUBLIC HEARING
Leg. [ ] Quasi-JD [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
SUBJECT: Donation of Right-of-Way
Lakewood Park United Methodist Church
15-feet on Turnpike Feeder Road
Warranty Deed of Donation
Resolution No. 10-312
BACKGROUND: See attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: July 15, 2003 - Board of County Commissioners approved Resolution
No. 03-087 granting Major Site Plan approval.
RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of
Donation, authorize the Chairman to sign Resolution No. 10-312 and
direct staff to record the documents in the Public Records of St. Lucie
County, Florida.
COMMISSION ACTION: CONCURRENCE:
~C] APPROVED [ ] DEIVIED
[ ] OTHER = - ~ -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
x Coun Attome x Road and Brid x Publi W r •
L] n' Y L] g~.Q c oks. 1~
Daniel McIntyre Don Pauley Don Wes~~ .
[x] Originating Dept: -1~r''~~ [x] Engineering: M~~~ [x] County Surveyor~f~j~l
JoAnn Riley Michael Powley Ron Harris
EXHIBIT A
LAND
The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 35 South, Range 40 East, St. Lucie County, Florida, less the North 40 feet and
the West 65 feet thereof.
ALSO DESCRIBED AS:
Commencing at the Northwest corner of said Southwest 1/4 of the Southwest 1/4 of
Section 34, proceed North 89° 59' 37" East along the North line thereof a distance of
65.00 feet; thence South 00° 27' 16" West, parallel with and 65.00 feet Westerly of, when
measured perpendicular to, the West line of said Southwest 1/4 of Section 34, a distance
of 40.00 feet to the POINT OF BEGINNING; thence North 89° 59' 37" East along a line
40.00 feet Southerly of, when measured perpendicular to, the North line of said
Southwest 1/4 of the Southwest 1/4 of Section 34, said line being the South right-of-way
(R/V~ line of Tumblin Kling Road (R/W varies), a distance of 595.17 feet to a point on
the East line of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section
34; thence South 00° 30' 03" West along said East line, a distance of 626.86 feet to the
Southeast corner of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of
Section 34; thence South 89° 58' S0" West along the South line of the Northwest 1/4 of
the Southwest 1/4 of the Southwest 1/4 of Section 34 a distance of 594.66 feet to a point
being 65.00 feet Easterly of, when measured perpendicular to, the aforementioned West
line of the Southwest 1/4 of Section 34, said point lying on the East R/W line of Oleander
Avenue (R/W varies); thence North 00° 27' 16" East, parallel with said West line of the
Southwest 1/4 of Section 34 and along said East R/W line of Oleander Avenue, a distance
of 626.99 feet to the POINT OF BEGINNING.
Subordination Agreement-Madison Vines Page 18 of 18
SUBORDINATE LENDER:
WIT'NESSES: ST. LUCIE COUNTY,
a political subdivision of the State of Florida
BY=
Print: Name:
Title:
Address:
Print:
[SEAL]
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this day of
, 2010, by , as
of ST. LUCIE COIJNTY, a political subdivision of the State
of Florida, on behalf of said Subordinate Lender. Said person is personally known to me
or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
(Notary Stamp or Seal)
Subordination Agreement-Madison Vines Page 17 of 18
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of
the day and year first above written.
SENIOR LENDER:
WIT`NESSES:
By:
Print: Name:
Title:
Address:
Print:
[SEAL]
STATE OF
COUNTY OF
The faregoing instrument was acknowledged before me this day of
, 2010, by , as
of , on behalf of
said Senior Lender. Said person is personally known to me or has produced a valid
driver's license as identification.
Notary Public; State of
Print Name:
My Commission Expires:
My Commission No.:
(Notary Stamp or Seal)
Subordination Agreement-Madison Vines Page 16 of 18
(j) No failure or delay on the part of any party hereto in exercising any right,
power or remedy hereunder shall operate as a waiver thereof, nar shall any
single or partial exercise of any such right, power or remedy preclude any
other or further exercise thereof or the exercise of any other right, power or
remedy hereunder.
(k) Each party hereto acknowledges that in the event any party fails to comply
with its obligations hereunder, the other parties shall have all rights
available at law and in equity, including the right to obtain specific
performance of the obligations of such defaulting party and injunctive
relief.
(1) No pariy other than the Senior Lender and the Subordinate Lender shall
have any rights under, or be deemed a beneficiary of any of the provisions
of, this Agreement.
(m) No amendment, supplement, modification, waiver or termination of this
Agreement shall be effective against any party unless such amendment,
supplement, modification, waiver or termination is contained in a writing
signed by such party.
(n) This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original but all of which together shall constitute
one and the same instrument.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
Subordination Agreement-Madison Vines Page 15 of 18
Any party, by notice given pursuant to this Section, may change the person
or persons and/or address or addresses, or designate an additional person
or persons or an additional address or addresses, for its notices, but notice
of a change of address shall only be effective upon receipt. Neither party
shall refuse or reject delivery of any notice given in accordance with this
Section.
(e) Nothing herein or in any of the Senior Loan Documents or Subordinate
Loan Documents shall be deemed to constitute the Senior Lender as a joint
venturer or partner of the Subordinate Lender.
( fl Upon notice from the Senior Lender from time to time, the Subordinate
Lender shall execute and deliver such additional Instruments and
documents, and shall take such actions, as are required by the Senior
Lender in order to further evidence or effectuate the provisions and intent
of this Agreement.
(g) This Agreement shall be governed by the laws of the State in which the
Land is located.
(h) If any one or more of the provisions contained in this Agreement, or any
application thereof, shall be invalid, illegal or unenforceable in any
respect, the validity, legality and enforceability of the remaining provisions
contained herein, and any other application thereof, shall not in any way be
affected or impaired thereby.
(i) The term of this Agreement shall commence on the date hereof and shall
continue until the earliest to occur of the following events: (i) the payment
of all of the Senior Indebtedness; provided that this Agreement shall be
reinstated in the event any payment on account of the Senior Indebtedness
is avoided, set aside, rescinded or repaid by the Senior Lender as described
in Section 2(e) hereof, (ii) the payment of all of the Subordinate
Indebtedness other than by reason of payments which the Subordinate
Lender is obligated to remit to the Senior Lender pursuant to this
Agreement, (iii) the acquisition by the Senior Lender or by a third party
purchaser, of title to the Land and Improvements pursuant to a foreclosure
of, or trustee's sale or other exercise of a power of sale under, the Senior
Mortgage; or (iv) without limiting the provisions of Section 5(d), the
acquisition by the Subordinate Lender, with the prior written consent of
the Senior Lender, of title to the Land and Improvements subject to the
Seniar Mortgage pursuant to a foreclosure, or a deed in lieu of foreclosure,
of (or the exercise of a power of sale contained in) the Subordinate
Mortgage.
Subordination Agreement-Madison Vines Page 14 of 18
(a) In the event of any conflict or inconsistency between the terms of the
Subordinate Loan Documents and the terms of this Agreement, the terms
of this Agreement shall control.
(b) This Agreement shall be binding upon and shall inure to the benefit of the
respective legal successors and assigns of the parties hereto.
(c) This Agreement does not constitute an approval by the Senior Lender of
the terms of the Subordinate Loan Documents.
(d) Each notice, request, demand, consent, approval or other communication
(collectively, "notices", and singly, a"notice") which is required or
permitted to be given pursuant to this Agreement shall be in writing and
shall be deemed to have been duly and sufficiently given if (i) personally
delivered with proof of delivery thereof (any notice so delivered shall be
deemed to have been received at the time so delivered), or (ii) sent by a
national overnight courier service (such as FedEx) designating earliest
available delivery (any notice so delivered shall be deemed to ha~e been
received on the next business day following receipt by the courier), or (c)
sent by United States registered or certified mail, return receipt requested,
postage prepaid, at a post office regularly maintained by the United States
Postal Service (any notice so sent shall be deemed to have been received
on the date of delivery as confirmed by the return receipt), addressed to the
respective parties as follows:
(i) Notices intended for the Senior Lender shall be addressed to the
address set forth in the Senior Mortgage for notices to the Senior
Lender.
(ii) Notices intended for the Subordinate Lender shall be addressed to:
St. Lucie County, Florida
c/o Housing Project Coordinator
437 North 7th Street
Ft. Pierce, Florida 34950
With a copy to:
St. Lucie County Attorney
437 North 7th Street
Ft. Pierce, Florida 34950
Subordination Agreement-Madison Vines Page 13 of 18
(e) In the event that the Enforcement Action taken by the Subordinate Lender
is the appointment of a receiver for any of the Mortgaged Property, all of
the rents, issues, profits and proceeds collected by the receiver shall be
paid and applied by the receiver solely to and for the benefit of the Senior
Lender until the Senior Indebtedness shall have been paid in full.
The Subordinate Lender hereby expressly consents to and authorizes the
release by the Senior Lender of all or any portion of the Mortgaged
Property from the lien, operation, and effect of the Senior Loan
Documents. The Subordinate Lender hereby expressly consents to and
authorizes the release by the Senior Lender of all or any portion of the
Mortgaged Property from the lien, operation, and effect of the Senior Loan
Documents. The Subordinate Lender hereby waives to the fullest extent
permitted by law, all equitable or other rights it may have (i) in connection
with any release of any portion of the Mortgaged Property, (ii) to require
the separate sales of any portion of the Mortgaged Property or to require
the Senior Lender to exhaust its remedies against any portion of the
Mortgaged Property or any combination of portions of the Mortgaged
Property or any other collateral for the Senior Indebtedness, or (iii) to
require the Senior Lender to proceed against the Borrower, any other party
that may be liable for any of the Senior Indebtedness (including any
general partner of the Borrower if the Borrower is a partnership), any
portion of the Mortgaged Property or combination of portions of the
Mortgaged Property or any other collateral, before proceeding against all
or such portions or combination of portions of the Mortgaged Property as
the Senior Lender determines. The Subordinate Lender hereby expressly
consents to and authorizes, at the option of the Senior Lender, the sale,
either separately or together, of all or any portion of the Mortgaged
Property. The Subordinate Lender acknowledges that without notice to the
Subordinate Lender and without affecting any of the provisions of this
Agreement, the Senior Lender may (i) extend the time for or waive any
payment or performance under the Seniar Loan Documents; (ii) modify or
amend in any respect any provision of the Senior Loan Documents; and
(iii) modify, exchange, surrender, release and otherwise deal with any
additional collateral for the Senior Indebtedness.
(g) If any party other than the Borrower (including the Senior Lender) acquires
title to any of the Mortgaged Property pursuant to a foreclosure of, or
trustee's sale or other exercise of any power of sale under, the Senior
Mortgage conducted in accordance with applicable law, the lien,
operation, and effect of the Subordinate Mortgage and other Subordinate
Loan Documents automatically shall terminate with respect to such
Mortgaged Property.
6. MISCELLANEOUS PROVISIONS
Subordination Agreement-Madison Vines Page 12 of 18
, Lakewood Park United Methodist Church ~ Lakewood Park United Methodist Church N
15' Right-of-Way Donation o ,5 ,50 ~5 ~o n,o„e,~~z2,zo,o A
Feet
..r de~~rc
_ ~ - ~ - ~ ~ ~
_ * " ~ .q.P _.~t. ~ ~ ~R ~
~ ~c;~ ~ ~
_ ~ ~ ' a Q
' C===1= - _ f
~ ~
r~a , . . f Q 4
. . . I ~ U ~
°""".I".~' ; , . a
~ ` `
~ , -
r * ~ ~
~~k ~,4_ : . ~ s
C -
~ ~ y C ~
~
. ~ .
~
_ { ~
w
- ~p`'
f ~ - ,e~:
k
Y+ ~y
3..
_ ~ ~i- ~Jn'
4 '
.v-.~--•--vHw. ~ ~ ~ ~ _ ~ ~i
e. . s~s
_ . ~ ~ti
~ ~
~ ~ti ;
.-m..' Q Y ~ E ~
~ 0
~ o ,
~ . - , ~ .
O , ' ~
~ ~
~ ~ ~o ~ fi
~ . ~e-
~ .
¢ , ~ ~ ~
~ ~~r
w ~
J ~ aYi _
y~e..._.i ¦ ~Q\~
~ `~Q' ;y}
~ ~"ry ~ ~ ~rt y
~,a
:~.ti.
.
k,.Y -
ty . "Y. y~ . .
~
_ Y
- , : ^ _ . .
~ ;;r y: ~ ~ 15' foot strip to be donated
~ .
~
~ . '
6 ~
. 1
. . . ' - ! r" . '4: yys -
. ,3~f ' .
.~:_r,: - . ~ , .
' ~ ,
EDEN RD , ` ~ ~
~
j ~ . ~
~ G~Q- 5~
C,~
\ ~
i
r - QQ-~' -
k a - . ~ ` ~Q-
_ , ~ k- * ~
d ' ~ ~ * ~P~~.
i~~gi` ~d ~ . . ~ ~ ~ . . '...k e .
.'.Y.. . . . . . ~ . . .
~
, ~ .
, I
' , ~ ~j , I
i
_ SEBASTIAN RD I ~ ' ,
I _ ~y ' _ . j j
I ~
: _ ~
_i ~
, ' ,
; i ' _1
'
i I i ~ I 4 ,
i f ~ _ L ~ ~ _
~
_ i I
I
,
~ ~ _ ~ ~ ~ I ~
, v ~ ~ _ -
~ o
~
, o ~ , -
i ~ _ .~P
_ _
~ ~ -T , I ~ , = w /
- i
~ ~---_r___ ~ Ai~L1f+IGTON V~AY ;
~-1 ~ ~ ~ ~ ~ i ~ ' ~ .
J ~ ~ ~ _
~ ~
~ ~ . i 1 ~ ' ~ 3 _ ,
; ,
.
~ = ; ~
' , _ . _ . .
I j..
,
f____
; ~ _
; ,
, , , ~
.
_
_ .
~
~ ~ i
~ ~ j ,
, ~ ' .
i ' i
~ ~ ~ ; ,
~ ~ , ; , .
i . , ~ ;
~ , ,
,
~ ~ f'
i ,
~ i ~
~----4 I = ~ ,
,
i +
; ,
} t:; '
I
I
~ 4 i
'I ' i
Z
~ _ , I
'
,
.
~ I I I '
~ ~ ~
~ ,
~ i n , ~i ,a~ f, _
- I , ,
,
,
,
~ . ,
,
ci .
~ I ~ u: ~ y
;F . ~ , .
~ ~ .
~ , ~ . . ,
. ' ~ ~ -
~ ~ I I . F~ ~ , _
~ ~ . ,
~ ,
Q
,
. . . i. . .
. . ~ ~ I . ~ '
I ~ II .
n^ ' . /
~
. ~
I .
. ~ . _ , . . ~ ~ .
. . , ~ . . .
.i, ' . . ~ l..
.
~
I .
. , I . r, . : ~
; . . i i . ~
. . . _ ~ . ,
~
I ~ i %f~
i
I
~ ,
~
f
~ "
~ ~ ~ '
;
-r- ~ ,
~ ; ~ ~ , ~~~Q~~
i i ~ ; f,: ~~U
i - ~ , ,Q~~
~ ,
~ ~ ° '
; , ,
, ,
i , ~1it~,~
, ~ " ~
~ , -
~ _ , , _ .
I ~ ~V ..Q~
i ! " . , ~ ~ ~ ~
~ ~ ,
, ,
i ~ ~ ~ ~p~~ ~ y.- '
,
,
, :
, _ , ~
~ ~ , ~
~ ~
,
~
,
,
; ~ ~ ~
- - _ _ ~ ,f -
, t> ~ -
EDEN RD~ i .
j . ~ ,
~ „
. ~
PJ~t! ~ ~ %
QP f; . -
~ . , _ ,
F'
, ~
, ~
~ ,
j~ _ ~
, . ~
t~ - _
~
. . _ ~ , . . ,
. ; ~ -
~
, _
r`
~
` '
, , . , ~ I _ ( . .
r
(
_ ` ,
~ I~ ~ ~ } ~ .
I ~ ' ~ i i
~ il I ~
f~ ~
I . , . ~I ~ 1 I I
~ _ W II: I, . I . I~ ~
. I . , .
' Retum to (enclose self-addressed envelope)
Name: ~
Address:
This Instrument Prepared by:
RICHARD A. WHITTINGTON, ESQ.
Address:
730 E. Strawbridge Ave., Ste. 205
Melbourne, Florida 32901
Property Appraisers Parcel Identification (Folio) Numbers(s): 1312-422-0000-000/7
WARRANTY DEED OF DONATION
THIS WARRANTY DEED, made this
/G~ da y o f /~a z~ ~ er
, 2 010 , by
LP,KEWOOD PARK UNITED METHODIST CHURCH, INC. , whose post office address
is 5405 Turnpike Feeder Road, Ft. Pierce, Florida 34951-2363,
hereinafter called Grantor to SAINT LUCIE COUNTY, a political
subdivision of the State of Florida, whose mailing address is 2300
Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called
Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties of
the instrument and the heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or
requires.)
WITNESSETH, That said Grantor, for and in consideration of the sum of
One and No/100 Dollars ($1.00) and donative considerations, receipt
whereof is hereby acknowledged, hereby grants, bargains, donates,
aliens, remises, releases, conveys, and confirms all that certain
land, situate in St. Lucie County, Florida, to wit:
(SEE ATTACHED EXHIBIT)
SUBJECT TO reservations, restrictions, rights-of-way and
easements of public record, provided, however, that this reference
shall not serve to re-impose any of the same.
TOGETHER will all tenements, hereditaments, and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with said Grantee that Grantor is
lawfully seized of said land in f ee simple; that Grantor has good
right and lawful authority to donate and convey said land, and hereby
warrants the title to said land will defend the same against the
lawful claims of all person whomsoever; and that said land is free of
all encumbrances, except taxes accruing subsequent to December 31,
2009.
(Execution of Grantor appears on the following second page.)
Page 1 of 4
IN WITNESS WHEREOF, said Grantor has signed and sealed these
presents the day and year first above written.
Wimesses: ~ ~
Signature ~ ~
Print Name l~,~ ~ L•~~~+ J St art, Chair of Trustees
Lakewood Park United Methodist Church, Inc.
5405 Turnpike Feeder Road
Signature l.~ Ft. Pierce, Florida 34951-2363
. ~
Print Name !
. ~ ` `
Signature ~ - ~
Print Name e~ Ka een M. Issacson, Church Council Chair
Lakewood Park United Methodist Church, Inc.
5405 Turnpike Feeder Road
Signature~'Jl~ ~-i-~ Ft. Pierce, Florida 34951-2363
Print Name i-~ -
STATE OF FLORIDA
COUNTY OF ~ ~ ~ c : ~
I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take
aclrnowledgments, personally appeared Jay Stewal't, Chair of Trustees, Lakewood Park United Methodist
Church, Inc. and Kathleen M. Issacson, Church Council Chair, Lakewood Park United
Methodist Church, Inc., known to me to be the person described in and who executed the foregoing instrument, who
aclrnowledged before me that he/she executed the same and an oath was not taken. (Check one:) Said person provided the
following t}~pe of identification: '.e rs ~ n o 11., ~ aw n•-f o=» e.
W imess my hand and official seal in the C ty and State aforesaid this 7~ day of ,
2010.
NOTARY PUBL . zo~~RY.".°e~~ VIRGINUE.NUSBAtA~I
Signature ~ * ~ ~ * MY COMMISSION # DD 649008
Print Name ' ~ ~~.-y,.~ EXPIRES: June 1, 2011
State of Florida at Large (Seal) ~TFOFf~`~~ ~~~~~~~5
My Commission Expires:
WE, PASTOR LIN OSBORNE, t6e senior pastor at Lakewood Park United Methodist Church, Inc. and
PASTOR MICHAEL OLIVER, the DistriM Superintendent of the Atlantic Central District of the Florida
Conference of the United Methodist Church consent to this transfer of real property.
. 4
Wim ~ ses: , f ~ ~ ti
Signa ~ / . ~
Print Name ' ~'%Cv C~ ~~5~ Lin Osborne, Senior Pastor
Lakewood Park United Methodist Church, Inc.
Signature ~ ~ 5405 Turnpike Feeder Road
Print Name ~ i Ft. Pierce, Florida 34951-2363
( ~J'~~ ~ , ~
Signature
Print Nam i Michael Oliver, District Superintendent
Atlantic Central District of the Florida
Signature Conference, United Methodist Church
Print Name ~ 9015 Americana Rd. #4
Vero Beach, Florida 32966
Page 2 of 4
STATE OF FLORIDA
COUNTY OF l ~c ; ~
I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take
acimowledgments, personally appeared LiII OSboPne, Senior Pastor, Lakewood Park United Methodist
ChurCh, Inc., known to me to be the person described in and who executed the foregoing instrument, who aclrnowledged
before me that he/she executed the same and an oath was not taken. (Check one:) Said person provided the following type
of identification: ~i~o ~ r s v n~( ~
Witness my hand and o~cial seal in the Co~ty and State aforesaid this / day of n' b
2010.
NOTARYLPi~.IC:
Signature ~ ~
PrintName • : ~ ~ us.~u•r~ ~t'R:.°~ec4, VIRI~AEMIBBAUdI
State of Florida at Large (Seal) * * I~Y CAMMISSION A DD 649008
My Commission Expires: ~ r EXPIRES: ~une 1, 2011
oFa~ Badod Thru Buc~l Notery Savi~~
STATE OF FLO~.IDA ,
COUNTY OF ~ a~,,,
I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take
acirnowledgments, personally appeared Michael Oliver, District Superintendent, Atlantic Central District
of the Florida Conference, United Methodist Church, own to me to be the person described in and who
executed the foregoing instrument, who aclrnowledged before me th h~'s e executed the same and an oath was not taken.
(Check one:) Said person provided the following type of identification:
Witness my hand and official seal in the County and State aforesaid this day of
2010.
NOTARY P ,IC:
S ignature ~ , , PATAI~ ~ ~Y
Print Name l~t~ ~C i/q ~ mL~X /~~J ' 4' MYCOMMISSION ~I DD T7
State of Florida at Large (Seal) ` EXPIRES:Augus~~,pp~~
My Commission Expires: / , ~~'"'N°"~'~~+~•
~f~/i'~
Page 3 of 4
aES~~iPriotv
A 7S fo~# wide par.cei o.f iand vrhich is adJa.cxnt and paroilel to tt~e Norkheriy righ't of way of
Sunshlrre 9tate ParlcYVay (Turnpike) Feedar Rocd, being more parti~slariy described as fciiovrs:
Pareel 1: A part af ~he West 145.34 feet of the Southeas# quarter of Section 12, Township 34
Sovt:~, Range .39 East, being mcre particularly dsscxib+ed cs fallows:
Beqianir~g at tha in#eraeetlan of thz Korth-Scutfi quartar 5ection 11ne with the Narfhsrly
cight-Qf-way Iine of the Surtshine StatB Perkway Faeder Rsrad, which palnt is 86.61 fee# Sautf~er#y af
the Ncrth~oe# ecrnar of the Smuthn~st quarter af tt~e Sou#hwest qunrter o# sairi Section l2,
Towr?shtp 34 Sauth. Rcn~e 39 Eos~ thenca N45'2?'23"E. aie~sig the Northerly right-oi-way f'~nz af
the Sunehlrte State .Parkway Faeder ~oad, a distanoe nf 2:05.62 #~t; tfien~e NQD~9'~3'E~ ParaUel
w{th the said Narth-Seu#h quarter Saction uRe, a diet~rce afi 21.1+4 feat; thence S+45'22'23°iAt, a
dislanoe of 2Q5.62 ~feet to aaid fVertk?-Srruth qunrter Sec#ion ih?~; thencx Seu#h atong aaid quacter
SecEio~ Lins, c d~on~e of ~i2.a4 feet. moro or iesa. ta the POIt~7 OF BEGINNIACG.
ro~erx~~ vwTM
Parcel A pcrt ofi the Scutheast qncrter af SectMn 12, Tcwimahip 34 So~a#h, Range 39 Enst, being
more parficulnrly describar! as foliows;
Cecnmencinp at the imtersec#~on o# the Mcrth-Sauth quarter .Sectian line wtth tha ~erfy
right-of-way line of the Sur~shine State Parkway ~eeder f~oad, whiah pcint is 86.£~1 feet 5o~tt~~y af
the l~orthaast cnrner of tha 5onthaost quartsr ofi ihe Southwesi qacgter of said Secf,~fln T2,
Towr~~rip 34 Sauth, l3cnge 39 Eas~ tttenca ~145'22'23"E. elon9 tMe Northerly right-cf way tins af
the Sun~ri~e 3#ate Parkway Feeder Rflad, a distence of 205.6,2 feet to the .POINT ~F SEGtNNlHG af
ttre tract herets~+ ~scribsd;
Frrnrj eaEd POIAlT OF BEb`FWIViAtG con~in~e N45'22'23`E, alortg the right of-v?ay ef Sur~~ine
State Paekwoy Feader Road. a distance of 200.D0 faet; thertce ~iflOrA9'43°E, paFallel wl'fh ~e said
Pbrth-Snnth qu~#er Sactian l#nE a distance oi 21.1~4 fee~ fhan~ S45'?2'.23"W, a distnnce af
200.~A fee~ tha9ce 5fl0~9'43"W, parallel with soid Northt-Snuth qwcart~ Sectron Lina a dist~nce of
29.14 faet, more or 1ass, to the POIN'1' QF BEC7NNlHG. ,
Sa3d 15 foot whie parcei contair~ing fi;~84 square fe~et, 0.14 A~cres, rnore cr iess.
i '
'
Page 4 of 4
SKETCH TO ACCOMPANY N~~~~• E
21.14
LEGAL DESCRIPTION
1HIS IS NOT A SUR1lEY
/
i
~ N
35.00' ~ ~ ~4j~ry ~C' ~
' ; ~ ~ /
~
~ ~ ~ ~~~ry /
W ~ y /
> ~
~ ~ ~ Q O~ry
~ ~S. ~
Q ~c~
~ N.E OORNFR OF 7Fff ry'h
I~; S.E. 1/4 OF 1NE SW. 1/4
O ~ ) OF SECliON 12 ky
Q ~ ~ ~ ~v ~1 ~P-O '
~ ~ titiry~ ~3'
Po ~0~~
Ul ~ ~ y~?'~'
IQ ~ r ~ ~V
w '~Q~~~a~~
~ ~s~
~ ~ ~Q
I 0~' ~~J~
Q Q~G, ry
s ooros'~" w ~g~~
21.14' Q
/
/
/
I /
i
GRAPHIC 3CALE
so o so eo
( m ~ar )
i mnu ~ eo n
P.0.8. ~ POINT OF BEGINNINC ~
P.O.C. = POINT OF COMMENCEMENT
P.S.M. = PROFESSIONAL SURVEYOR k MAPPER '
BEARINGS SHOWN HEREON ARE BEARINGS SHOWN
HEREON ARE RELATIVE TO THE WEST IJNE OF 1HE
SOUTHEAST t/4 OF SECTION 12, HAVING A BEARING
oF N ooros'43' E. Sheet 2 of 2
SKETCH OF DESCRIPTION FIle:02-060SaCD 1S~ CULPEPPER TERPENING, INC
KINGS HWY.dwg CONSULTING ENGINEERS I LAND SURVEYORS
KINGS HWY. R/W DEDICATION °ate: ~-~-20'0 2980SOUTH25thSTREET
FORT PIERCE, FLORIDA 34981
Preparsd For PHONE 772-4G43537 FAX 772-4649497
LAKEYNOOD PARK UNIIED METHODIST qiURCH Tech: SB `°1°`o'`t_`ag'`°°1
SI:~T'E OF FLORID
a CER11F]CA770N V o. LB a2&
~
RESOLUTION NO. 10-312
A RESOLUTION ACCEPTING A
WARRANTY DEED FOR DONATION
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, that:
The foregoing Warranty Deed for ponation is duly accepted on behalf of St. Lucie
County this 7th day of December, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
S:~ACQ\WP\Right of Way Donations\Lakewood Park Methodist Church-Turnpike Feeder Rd\Resolution.wpd
. ~~..,i-_I
~~v
~ APF' 2 ~ ii;'' ~
1 RESOLUTION 03-087 c .~F
2 FILE NO.: SPMj-02-001 ~c~`~
3 ~ A.:
4
5 A RESOLUTION GRANTING APPROVAL FOR
6 MAJOR SITE PLAN FOR THE PROJECT
~ KNOWN AS LAKEWOOD PARK UNITED
B METHODIST CHURCH
9
io WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
il testimony and evidence, incfuding but not limited to the staff report, has made the following
iz determinations:
13
i4 1. On August 26, 1986, the Board of County Commissioners granted approval to a
is religious facility consisting of 16,400 square feet of space known as Lakewood Park
16 United Methodist Church.
1~
ls 2. Lakewood Park United Methodist Church, has applied for a Major Adjustment to an
19 Existing Major Site Plan known as Lakewood Park United Methodist Church
a o consisting of an additional 14,875 square feet of space to an existing facility in the I
zl (Institutional) Zoning District for the property described in Part A.
22
a3 3. The Deve~opment Review Committee has reviewed the site plan for the proposed
a4 project and found it to meet minimum technical requirements of the St. Lucie County
a 5 Land Development Code and to be consistent with the future land use maps from
a6 the St. Lucie County Comprehensive Plan.
z~
a a 4. The proposed project is consistent with the general purpose, goals, objectives, and
z 9 standards of the St. Lucie County Land Development Code, the St. Lucie County
a o Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
31
3a 5. The proposed project will not have an undue adverse effect on adjacent property, the
33 character of the neighborhood, traffic conditions, parking, utility facifities, or other
34 matters affecting the public health, safety, and general welfare.
35
36 6. All reasonable steps have been taken to minimize any adverse effect of the
3~ proposed project on the immediate vicinity through building design, site design,
3 e landscaping and screening.
39
4 0 7. The proposed project will be constructed, arranged and operated so as not to
41 interfere with the development and use of neighboring property, in accordance with
4a applicable district regulations.
43
44 8. The proposed project will be served by adequate public facilities and services.
45
FileNo.: SPMj-02-001 RH, CLERK OF ?HE CIRCV~T COURS
E SM T Resofution 03-087
Juiy 15, 2003 ~~SEP~UCIEC~Na,pato3.z3P~ RESO Page 1
FA
~ K6319~ PA
~25U1 " 250b ~ `IPe
REC~
ING g''Z ~
i 9. The appficant has appiied for and received a revised certificate of capacity, a copy of
z which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie
3 County Land Development Code.
4
5
6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
~ County, Florida:
B
9
lo A. Pursuant to Section 11.02.Q5 of the St. Lucie County Land Development Code, the site
~i plan for the project known as Lakewood Park United Methodist Church, is hereby approved as
iz shown on the site plan drawings for the project prepared by Culpepper 8~ Terpening, Inc., dated,
ls April 17, 2003, and date stamped received by the St. Lucie County Community Development
14 Director on April 18, 2003, for the property described below, subject to the following condition:
15
16 Prior to the issuance of any building permits for any portion of this project, the petitioner
l~ shall convey to. St. Lucie County the southerly 15 feet of the subject site, described befow,
le forfuture right-of-way needs associated with the planned widening of the Turnpike Feeder
19 Road. The conveyance of this property shall be in a manner and form acceptable to St.
2 o Lucie County.
zi
2z
z3 B. The property on which this Major Adjustment is being granted is described as follows:
24
25 A PART OF THE WEST 146.34 FEET OF THE SOUTHEAST'/.OF SECTION 12, TOWNSHIP
26 34 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
z7
2 e PARCEL 1
29
3o BEGINNING AT THE INTERSECTION OF THE NORTH-SOUTH QUARTER SECTION LINE
31 WITH THE NORTHERLY RIGHT-OF-WAY OF THE SUNSHINE STATE PARKWAY FEEDER
3z ROAD, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF THE
3 3 SOUTHEAST QUARTER OF THE SOUTHWEST OF SAID SECTION 12, TOWNSHIP 39
34 SOUTH, RANGE 39 EAST; THENCE, NORTHEASTERLY ALONG THE NORTHERLY RIGHT-
35 OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROAD (A DISTANCE OF)
36 205.62 FEET TO A POINT, WHICH POINT AT ITS CLOSEST DISTANCE IS 146.34 FEET
3~ FROM THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 12, TOWNSHIP
3 8 34 SOUTH, RANGE 39 EAST; THENCE, NORTH PARALLEL WtTH THE SAID NORTH-
3 9 SOUTH QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET; THENCE, WEST 146.34
4 o FEET TO THE SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE, SOUTH ALONG
41 SAID QUARTER SECTION LINE, A DlSTANCE OF 988.34 FEET, MORE OR LESS, TO THE
42 POINT OF BEGINNING.
43
44 ALSO A PART OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 34 SOUTH,
45 RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
46
47
48
FileNo.:SPM}-02-001 Resolution 03-087
July 15, 2003 Page 2
1 PARCEL 2
z
3 COMMENC(NG AT THE INTERSECTION OF THE NORTH ~OUTH QUARTER SECTION
4 LINE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY
5 FEEDER ROAD, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF
6 THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12,
~ TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE, NORTHEASTERLY ALONG THE
B NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROAD
9 (A DISTANCE OF) 205.62 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREBY
io DESCRIBED:
11
iz FROM SAID POINT OF BEGINNING CONTINUE NORTHEASTERLY ALONG THE RtGHT-OF-
13 WAY OF THE SUNSHINE STATE PARKWAY FEEDER ROAD ( A DISTANCE OF ) 200 FEET;
14 THENCE, NORTH PARALLEL WITH SAID NORTH-SOUTH QUARTER SECTION LINE TO A
~5 POINT THAT WOULD BE INTERSECTED BY A LINE EXTENDED DUE EAST FROM A POINT
i6 ON SAID NORTH-SOUTH QUARTER SECTION LINE THAT IS 901.72 FEET NORTH OF THE
1~ SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
ie OF SAID SECTION 12; THENCE WEST ( ALONG SAID LINE EXTENDED DUE EAST) TO A
19 POINT THAT IS DUE NORTH OF THE POINT OF BEGINNING; THENCE, SOUTH AND
2 o PARALLEL WITH SAID QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET, MORE OR
21 LESS TO THE POINT OF BEGINNING. (TAX ID#: 1312-422-0000-0OOR)
2z
23 (Location: 5405 Turnpike Feeder Road)
24
25
a6 C. The approvals and authorizations granted by this Resolution for the purpose of obtaining
z~ building permits on this property forthe faciiities identified in the site plan referenced in PartA above
as and the approvals granted under the resolution shall remain effective for the remaining validity
z 9 period of the Lakewood Park United Methodist Church major site plan.
30
31
3a D. The Final Site Plan approval granted underthis resolution is specifically conditioned to the
3 3 requirement that the petitioner, Lakewood Park United Methodist Church, including any successors
34 in interest, shall obtain all necessary development permits and construction authorizations from the
35 appropriate State and Federal regulatory authorities, including, but not fimited to; the United States
36 Army Corps of Engineers, the Florida Department of Environmental Protection, and the South
3 ~ Florida Water Management District, prior to the issuance of any local building permits or
3 B authorizations to commence development activities on the property described in Part B.
39
40
4 i E. A copy of this resolution shall be attached to the site plan drawings described in Part A,
4a which plan shall be p{aced on file with the St. Lucie County Community Devetopment Director.
43
44
45 F. The revised certificate of capacity, attached as Exhibit A, shall be valid for the same period
46 as this order. If this order expires or otherwise terminates, the certificate of capacity shall
4~ automatically terminate.
FileNo.:SPMj-02-001 Resolution 03-087
July 15, 2003 Page 3
1 G. A copy of this Order shall be attached to the site plan drawings described in Section A, which
z plan shall be on fife with the St. Lucie County Community Development Director.
3
4
5 H. This Order shall be recorded in the Public Records of St. Lucie County.
6
7
8 After motion and second, the vote on this resolution was as follows:
9
10
11 Chairman Cfiff Barnes AYE
iz
13 Vice-Chairman Paula A. Lewis ABSENT
14
ls Commissioner Frannie Hutchinson ABSENT
16
17 Commissioner poug Coward AYE
ia
19 Commissioner John D. Bruhn AYE
20
al
22 PASSED AND DULY ADOPTED This 15"' Day of July 2003.
23 -
2 4
z5 BOARD OF COUNTY COMMISSIONERS
26 ST. LUCIE COUNTY, FLORIDA
a ~ ~
2 e ,W ~ V ~~M.w4~' -~n~:~'~~^ 'Y,~+,~'`
29 jf~ ~L~ Alr _ j~~~+41 ~,~,4y.'7Mm~q~~~'I
3 0 ~ ~ ~P"'~ . ~ _
{ ~ BY ~
ilu~~h4 S~ ~ ~.~~i'i ~,L~~t 'P~~~"~ ' M{ ~
31 . ~ ,„iku~u ~~r~ { a r~ ,M .
~ ~r ~?iCe- Chair n
3 2 ~ ~ ~ tSy ...,r ' ~ ~ ~
t d§i~'~~'.'a4~~1f t„, f~~'„ i~q s~+ 7*
3 3 .r ~ ~l~; ~
34 ATTEST: _T~^:T ; ;
~ ~~~'~'~{~~i~~,;~~,%~ APPROVED AS TO FORM
35 ~ AND CORRECTNESS:
36 '
3 7
3 8 ' i n ~
3 9 '+~~'"~f ~
4 o Deputy Clerk ~ County Attor e
41 ,
42
43
44
45
4 6 hf
47 H:\WORD\RESOLUTIONIFINISHED.03~LPMethChurch.SP\LPMethChurch.doc
48
FileNo.:SPMj-02-001 Resolution Q3-087
Jufy 15, 2003 Page 4
1
2
3
4 Exhibit A
5
6
7
e Certificate of Ca acit
p Y
9
10
11
12
13
14
15
16
FileNo.:SPMj-02-001 Resolution 03-087
July 15, 20Q3
Page 5
St Lucie County
Certificate of Capacity
Date 7/18/2003 Certificate No. 1220
This document certifies that concurrency will be met and that adequate public facifity
capacity exists to maintain the standards for fevels of service as adopted in the St
Lucie Countv Comprehensive Plan for:
1. Type of development MAJOR SITE PLAN
Number of units 1 Number of square feet 31,275
2. Property lega! description ~ Tax ID no.
1312-422-0000-000/7
5405 TURNPIKE FEEDER RD
LAKEWOOD PARK iJNITED METHODIST
3. Approval: Buifdinq Resoiution No. 03-087 Letter o~iigio3
4. Subject to the following conditions for concurrency:
Owner's name
LAKEWOOD PARK iJNITED METHODIST CHURCH
Address
5405 TURNPIKE FEEDER RD
FT. PIERCE FL 34946
6. Certi~cate Expiration Date 7/15/2005
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certifcate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed Date: 4/7/2010
Growth Management Director
St Lucie County, Florida
Wednesday, April 07, 2010 Page 1 of 2
ti
= q q R U ST ITEM NO. ~
~ - ~ - Dnte: Dectmbar 7, 2010
~ Regulnr [ ]
~ ~ ~ Public Hearing [ ]
Consent [XJ
PRESENTED BY~
TO: BOARD OF COUNTY COMMISSIONERS
Heather Young
SUBMITTED BY(DEPT): County Attorney Assistnnt County Attorney
SUB CT: Fort Pierce FBO, L.L.C. - Sublease Agreement with US Sport Aircruft, I~c.
BACKGROUND~ See C.A. No. 10-1571
FUNDS AVA~.• (State type b No. of trcnsoction or N/A): N/A
N ATION~ Staff recommends thnt the Board of County Commissi fi Inc ~nsent to the proposed
!FC'OM
sublease agreements between Fort Pierce F B O, L. L. C., a
n d U S S p o r t A i r c r a ,
CONCURRENCE ~
COMMISSION ACTION ~
~ APPROVED [ ] DENIED ~ ~
[ l OTHER: Faye W. Outlnw, M.P.A.
qpproved 5-0 County Administrator
~r rdinction/Sicnatures
~ Mgt. b Budget: Purchnsing~
County Attorney~
Daniel 5 cIntyre Other ~
Originating Dept.: Other ~
M1urk Satterlee
Finance (Check for Copy only, if applicnble)~
t
~
INTER-OFFICE MEMORANDUM
ST. LUQE COUNTY, FLORIDA
TO: Bonrd of County Commissioners
FROM: Heather Young, Assistnnt County Attorney
C.A. NO: 10-1571
DATE: November 23, 2010
SUBJECT: Fort Pierce FBO, L.L.C. - Sublense Agreement with US Sport Aircrnft, Inc.
BACK6ROVN~:
Attached to this memornndum is a copy of a proposed sublense ugreement between
Fort Pie~ce FBO, L.L.C., and US Sport Aircrnft, Inc. for hnngnr spnce to be used for
nircraft stornge, aircraft sales, and oircraft trnining. All use of the property is subject to
the terms and conditions of the mnster lense between the County und Fort Pierce FBO,
L.L.C. The lease term is for two years beginning retroactively on November 1, 2010, und is
subject to renewal following terminntion of the initiol term. US Sport Aircraft has been n
sublessee nt the airport since 2008. Staff has reviewed the proposed sublease, nnd it
appears acceptable as to legal form and correctness.
RECOMMEN~ATION/CONCLUSION:
Staff recommends thnt the Board of County Commissioners consent to the
proposed sublense agreement between Fort Pierce FBO, L.L.C., nnd US Sport Aircrnft, Inc.
Respectfully submitted,
~
Heather Young
Assistant County Attorney
Attnchment
HY/
Copies to: County Administrntor
Planning nnd Development Services Director
Airport Mannger
. ~ ~
29g2 Curtis King Btvd
Fort Pierce, FL 34946
772-489-Z285,772-468-0252
NET LEASE
Reference Page
Tenant: US Sport Aircraft, C/O Don Ayres
Landiord• Fort Piene FBO LLC, a Florida Limited Liability
~ Company l t #~:Z~6
4565 Cta,~c CkL~^a"
Tenant's Notice Address: ~ T X 75G b?
p~,~.,e, t4~o~3~5-~959 0~
Address of Premises: 3101 Airman's Drive, Ft. Pierce, Flonda
Rentable Area of Premises: As described on E~thibit A, 4900 sq ft hangar
Commencement Date: November 1, 2010
Termination Date: Two (2) years following Commencement Date (subject to
extension pursuant to Section 2)
Monthly Net Rent: 800.00 , plus applicable taxes
Net Rent Adjustment: Set forth in Section 3
Security Deposit $1000.00
Effective Date: November 1, 2010
This Referen~e Page (herein so called) information is incorporated into and made a part of the
~,ease, The I,ease includes Exhibit A(Site Plan), Exhibit B(Environmental Ra4uireme~~s)~ ~d
E~ibit C (Improvements).
THIS NET LEASE ("Lease") is made and entered into by and between Landlord and Tenant
as of the Effective Date.
NOW, THEREFORE, in consideration of~the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties mutually covenant and agree as follows:
l. PREMISES AND USE. Tenant leases the "Premises" shown on Exhibit A and
described on the Reference Page from Landlord. The Premises and the contiguous or
related property described on Exhibit A to the Master Lease (defined below) which is
managed jointly are referred to as the "Property" and aze located at the St. Lucie County
Intemational Airport ("Airport"). The Premises shall be used and occupied solely for
aircraft storage/aircraft saleslaircraft training. Tenant shaIl not permit anything to
unreasonably interfere with the rights of other tenants or injure, annoy or disturb them.
Tenant shail not permit any waste or illegal act on the Premises. Tenant shall be
financially responsible for its failure to observe any covenant or condition of this Article.
Tenant shall not during the Term of this Lease enter into any commercial activity on the
Airport that would in aay form or manner compete with any of the following activities of
Landlord on the Aiiport on the date of this Lease: the sale of aircraft fuels, rental of
ground vehicles, sale of food or beverage, or rental of Iife gear. Additionally, Tenant
shall not pernut any entity to perform any activity on the Premises that in any form or
manner competes with such commercial activities of La~dlord on the date of this Lease
or violates any rule on activity expressly prohibited by St. Lucie County.
Without limiting any other term or provision hereof, Tenant covenants and agrees
that except as expressly permitted in this Lease, at no time during the Term sha11 Tenant
ar any of its agents, employees, contractors, subcontractors, invitees, officers or directors
be permitted to store, maintain, or operate any motor velucle, recreational velucle, boat,
or any other personal property, including but not limited to spare parts for any such
vehicles, in or upon the Premises without prior written consent of Landlord.
2. "TERM
a) Initial Term. The initial Term of this agreement shall be for a period of two (2)
years, commencing on the Commencement Date, unless earlier terminated pursuant to
this Agreemen~
b) Option to Terminate Duria~ Initial Term. Tenant shall have the right to
terminate ("Early Termination Option") this Lease at anytime, provided (i) Tenant gives
Landlord at least 90 days prior written notice of such election to terminate, and
(ii) Tenant is not in Default (defined below) under this Lease on the date of such notice of
the eazly Termination Date.
c) Renewal Ontion. Tenant shall have the option ("Option") to renew the (ease
following the termination of the initial Term. The conditions and terms will remained
unchanged except for a recalculation of the net rent based on current market rate. Tenant
is required to give written notice to landlord no later than 30 days prior to termination of
initial tecm requesti.ng additional terms.
d) Condition Upon Renewal. Tenant shall take the Space "as is" for the Renewal Term
and Landlord shall have no obligation to make any improvements or alterations to the
Demised Space for such Renewal Term, nor to provide any leasehold improvement
allowance thereof.
3. RENT.
a) Pavmen~ Commencing on the Commencement Date, Tenant shall pay the "Monthly
Net Rent" as set forth on the Reference Page, plus other sums due hereunder, if any
("Additional Rent"), together known as "Rent", on the first of each month. Rent and all
additional charges shall be paid promptly when due to Landlord without offset,
deduction, diminution, abatement, counterclaim or notice of any amount for any reason
whatsoever, except as otherwise expressly provided herein. Rent shall be paid to
following address: _2982 Curtis Kin~ Blvds Fort Pierce FL 34946
b) Late Fees. Each Rent payment not received within ten (10) calendar days from the
applicable monthly due date shall bear a late charge of one ar~d one-half (1.5) percent per
month unril paid.
c) Annusl Adiustment Commencing on the first day of Nov 2011 and on the first day
of each November thereafter durin8 the Term, if applicable, the Monthly Net Rent for the
following one yeaz period payable by Tenant hereunder (and the monthly installments
thereofl shall be increased by the greater of (i) five percent (5%) and (ii) the percentage
increase in the Consumer Price Index as detennined in accordance with Section 15.03 of
the Master Lease.
d) Holdover. Tenant shall pay Landlord one hundred fifty percent (150%) of the total
Monthly Net Rent then applicable for each month or portion thereof that Tenant shall
retain possession of the Premises or any part thereof after the termination of this Lease,
whether by lapse of time or otherwise, and shall also pay all direct, actual damages
sustained by Landlord on account thereof.
4. SECiJRITY DEPOSIT. Tenant shall deposit with Landlord the Security Deposit to be
held as security for the full and faithful performance by Tenant of its obligations
hereunder. If Tenant shall Default (as defined beiow) with respect to any covenant or
condition of this Lease, Landlord may apply the whole or part of such Security Deposit to
the curing of such Default. If any portion of the Security Deposit is used by the Landlord,
Tenant shall, within ten (10) days after a written demand by the Landlord, deposit such
additional amounts as may be requested by Landlord and undisputed by Tenant to
replenish the Security Deposit. Within thirty (30) days after the expiration of the Term,
and subject to the provisions hereof, the balance of the Security Deposit shall be retumed
to Tenant.
5. SERVICES PROVIDED AND PERMITTED.
Additional services related to aircraft storage, movement, and fueling will be provided by
Landlord at current rates if requested. No fuel may be stored on or neaz the premises.
6. REAL ESTATE TAXES. Commencing on the Commencement Date, Tenant shall pay
its Proportionate Share of Real Estate Taxes and Insurance , which "Proportionate Share"
is determined by dividing the square footage of the building footprint of the Premises by
the total square footage of all building footprints on the Property and rounding the
quotient to the next highest thousandth.
(a) The term "Real Estate Taxes" means all ad valorem real estate taxes and assessments
levied or assessed against the Property during the Term. Notwithstanding the foregoing,
Real Estate Taxes shall not include: (i) any inheritance, estate, succession, transfer, gross
receipts, revenue, margin, franchise, corporation, net income or profit tax or capital levy
imposed upon Landlord or the Property; (ii) any special assessments which are levied or
assessed by a special assessment district which is formed, directly or indirecdy, by
Landlord and/or others for the purpose of constructing or acquiring on-site or off-site
improvements to or for the Property, or any portion thereof; (iii} any development costs,
including but not limited to any traffic unpact fees, billed by a governmental entity as
part of ad valorem real estate taxes or assessments. The teim "Insurance" shall mean all
insurance required to be provided by Landlord pursuant to Article 12 of this Lease.
(b) Tenant shall be responsible for the payment of all taxes, assessments, Iicense fees or
other charges that may be levied or assessed during the Term of this Lease upon or
against any personal property or equipment located within or upon the space which is
owned by, leased to, or in the care, custody, and control of Tenant.
(c) Tenant shall be responsible for all minimum required fire protection device costs,
including annual inspection fees, monitoring costs, device maintenance, and device
rechazging, except to the extent vtherwise required to be maintained by Landlord
hereunder. Notwithstanding the foregoing, Tenant shall have no responsibility for
installing, maintaining, or repairing any sprinkler system or other fire protection system,
which shall remain the sole responsibiiity of Landlord.
7. ALTERATIONS. Any and all improvements or atterations ("Alterations") to the
Premises by Tenant shall be subject to Section 18 of the Master Lease and ail Alterations,
other than nonstructural Alterations, over $1,000 in aggregate amount shall be subject to
Landlord's prior written appmval, which wiI] not be unreasonably delayed, conditioned
or denied. Tenant agrees to design and construct all Alterations in accordance with state
and federal accessibility guidelines and provide Landlord with copies of all plans and
specifications with respect to such Alterations•
g REpAIR/MAINTENANCE. Tenant here~b~y Landlord shall have no 1 abil'ty or'obl gation
on the Commencement Date of th~s Lease ~nd on or to the Premises other than the
to make any alterations or improvements of any
Improvements. By taking possession, Tenant accepts the Premises as being in good order
and repair, and in the condition in which Landlord is obligated to deliver the Premises.
Tenant covenants at all times and at its own cost and expense to repair and maintain the
interior, nonstructural Portians of the Premises in good order, condition, and repair, in
compliance witl~? all laws and regulations
9. L_ Tenant shall keep ~e P
d es n o withinIt
n business days fol owing written
through, or under Tenant. If Tenan
notice to Tenant from Landlord of the filing of a lien, cause the lien to be released,
Landlord may cause it to be released by~s~uc~h ~1
be~~id
1 ed Additi
nal Rentdand
payment of the claim. Such sums ad~ .
payable by Ten,ant upon demand from Landlord.
10. SUBLETTING. Except as otherwise provided in `this section, ~enanu~
~ 1 nnoas~~ en
pledge this Lease or sublet the Premises (each a Transfer P
consent of Landlord, not to be unreasonablY withhe~d, ~°nditioned, or delayed, and
consent of the Master Ground Lessor if required under the Master L.ease i~l ~
for the
where Landlord shall consent to a Transfer, Tenant shall remain fu11y
without limitation, the obligation to pay the
obligations of Tenant hereunder, including,
Rent. A transfer directly or indirectly of a controlling interest in Tenant (either in one
transfer or a series of transfers) shalt constitute an assignment hereunder. This provision
shall not exclude Tenant from subletting space for month-to-month individual aircraft
storage. Notwithstanding the foregoing, the following events shall not be considered a
Transfer under this section: (i) a change in ownership of Tenant as a result of a merger,
consolidation, reorSanizahan, or joint venture; (ii) the sale, exchange, issuance, or other
transfer of Tenant's stock on a national exchange or between Tenant's parent comPanY~ if
any, and any subsidiary, affiliate, related entity, or other entity tliat controls, is controlled
by, or is under common control with Tenant; or (iii) a cvllateral assignment of Tenant's
interest in this Lease to a lender as security for any indebtedness of Tenant to the lender.
Tenant shall not be required to obtain Landlord's consent to, and Landlord shall not have
the right to delay, alter, or imPede~ anY of the foregoing transactions or combinations
thereof.
11. IIVDENiNIFICATION.
(aj To the fullest extent permitted by appiicable Iaw, Tenant waives all claims against
Landlord for damage to any property or injury to any person connected with Tenant,
except to the extent arising from the negligence or willful misconduct of Landlord or its
officers, directors, agents, contractors, subcontractors, invitees, or employees. Tenant
shal] hold Landlord harmless from, and defend Landlord against, all claims, liability or
costs for property damage or personal injury when such damage or injury shall arise
y~
from, in part or in whole, (i) the wrongful act or neglect of Tenant or its officers.
directors, agents, contractors, subcontractors, invitees, or employees, or (ii) T'enant's
Default under this Lease beyond any applicable notice and cure period. Notwithstanding
the foregoing, Tenant shall have no obligation to indemnify or defend Landlord to the
extent such damage or injury is caused by or arises from the negligence or willful
misconduct of Landlord.
(b) Subject to Sections 11 A above, Landlord shall indem.nify and defend Tenant against
and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and
expenses, including reasonable attorneys' fees and disbursements, azising from or reiated
to any bodily injury, illness or death of any person occurring in, on or about the Premises
when such damage, bodily injury, illness or death is caused by Landlord's negiigence or
willful misconduct.
This Article 11 shall survive the teimination of this L,ease.
12.INSURANCE. Landlord agrees to carry during the ent~ire Term of this Lease,
products/completed operations liability insurance in an amount of not less than
$25,000,000. Landlord agrees to carry all risk property insurance (including Windstorm
coverage) on the Premises. Tenant shall at all times continuously maintain (i) commercial
general liability insurance with limits not less than $1 million per occurrence, written on
an occuirence basis, which insures against claims for bodily injury, persona] injury, and
property damage based upon, involving or arising out of Tenant's use, occupancy or
maintenance of the Premises and the Property; (ii) Worker's Compensation insurance for
a11 personnet in statutory limits per mandate by State of Florida; (iii) business automobile
liability insurance with limits not less than $1 miliion each accident covering owned,
hired, and non-owned vehicles used by Tenant within Landlord's leasehold; and,
(iv) Aircraft Insurance, if applicable, inclusive of aircraft liability, airport liability,
contractual liability, independent contractor liability and Premises liability. Tenant
agrees to increase auto liability amounts to Cotmty mandated $5 million minimum if
oPe~~S on airport operations areas (AOA). In addition, all insurance Tenant shall
maintain shaii name LandIord and its at~iIiates, management company, ground owner and
mortgagee as additional insureds (on a primary and noncontributory basis) and provide
thirty days notice of cancellation. A certificate of insurance bearing endorsements that
policies are in effect shall be delivered to Landlord prior to the Commencement Date.
Not later than thiriy (30) days prior to the date w}ien other insurance coverage maintained
in accordance with the terms of this Lease is scheduled to expire, Tenant shall provide
evidence of renewals or replacement insurance, and shall maintain such insurance at the
level set forth in this Lease throughout the term of this Lease. Upon request of Landlord
actin8 reasonably, Tenant shall be obligated to increase the limits or change or obtain
additional insurance. Tenant acknowledges that insurance Iimits and deductibles may
increase due to requirements of St Lucie County (Master Leasehold Landlord) and
agrees to abide by such requirements. Further, the failure of Landlord to obtain
certificates or other evidence of insurance from the Tenant shall not be deemed a waiver
by Landlord. Non-conforming insurance shall not relieve Tenant of its obligation to
provide the insurance specified herein. Nonfulfillment of the insurance conditions by
Tenant hereunder (after expiration of the applicable notice and cure period) will
constitute a material breach of this Lease and Landlord retains the right (after expiration
of the applicable notice and cure period) to suspend this Lease until proper evidence of
insurance is provided or, in the continued absence of such insurance evidence (after
expiration of the applicable notice and cure period), terrninate this Lease, in Landlord's
sole discretion.
13. UTILITIES. Urilities are tenant responsibility.
I 4. SUBORDINATION. This Lease shall be subordinate to the Master Lease, subject to the
Consent of Master Ground Lessor attached hereto. Landlord represents to Tenant that
Merriil Lynch Capital Corporation ("Mortgage Holder"} holds the only mortgage or deed
of trust existing as of the Effective Date. Landlord shall make commercially reasonable
efforts to procure and deliver to Tenant, simultaneously with Landlord's execution and
delivery of this Lease, a subordination, non-disturbance and attornment agreement
("SNDA") from Mortgage Holder. Such SNDA shall be of form and substance
reasonably satisfactory to Tenant. Landlord agrees, with respect to any mortgages or
deeds of trust affecting or encumbering all or any portion of the Premises after the
Effective Date, to use commercially reasonable efforts to obtain from the applicable
mortgage or deed of trust holder an SNDA on a form reasonably acceptable to the holder,
providing generally that the mortgagee, trustee, or any purchaser at the foreclosure of the
mortgage or deed of trust will not disturb Tenant's possession of the Premises (provided
there is no Default hereunder) and that Tenant will attorn to such mortgagee, trustee, or
purchaser at foreclosure as Landlord under the terms and conditions of this Lease upon
receiving written notice that such party has succeeded to the interest of Landlord under
this Lease. In the event of attomment by Tenant, the ground owner or mortgagee shall not
be(a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses
Tenant has agau~st Landlord; or (c) bound by prepayment of more than one month's
Rent; or (d) be required to account for any security deposit not actually delivered to such
grotmd owner or mortgagee; or (e) bound by any modification of this Lease not approved
by it. Tenant shall execute an SNDA upon ten bvsiness days notice, provid~ that such
agreement is of form and substance reasonably acceptable to Tenant.
15. RULES. Tenant shall comply with the Environmental Requirements attached as Exhibit
"B" and all rules and regulations promulgated by Landlord from time-to-time provided
such rules and regulations (a) are applied in a non-discriminatory manner, (b) do not
impose a material cost on Tenant, and (c) do not unrea.sonably interfere with Tenant's
conduct of its business or Tenant's use and enjoyment of the Premises. Tenant shall
in.stall signs or lettering and advertising in compliance with governmental regulations and
Property standards after obtaining Landlord's written consent, which shall not be
unreasonably withheld.
16. ACCESS & REENTRY. Tenant shall have access to the Premises twenty-four (24)
hours per day, seven (7) days per week, subject to the Airport's reasonable security
measures. Tenant shall also have the right, at its option and at its sole expense, with
Landlord's prior written consent to install additional security systems in the Premises as
Tenant may deem necessary. Upon 24 hours prior notice to Tenant, Landlord may reenter
the Premises as reasonably necessary to inspect, provide services, alter or repair the
Pr'oPerty; provided, however, that all such entries, repairs, or alterations shall be
completed promptly in a good and workmanlike manner so as to cause the least practical
interference to Tenant's business and Tenant's use of the Premises. If Landlord's entry
materially and substantially interferes with the conduct of Tenant's business and/or
causes damage to Tenant's property (and the entry is not needed because of Tenant's
negligence or willfiil misconduct), then, in such event, the Rent shall abate in proportion
to the extent of the interference and Landlord shall be liable for any damage to Tenant's
property.
17. DEF~I,T, If Tenant shall default (each a"Default") (a) in the payment of Rent for a
period of 5 business days after written notice from Landlord; or (b) in the observance of
any applicable ordinance, law or regulation or any tenn, covenant or condition of this
Lease and faiI to remedy, or commence to remedy (and diligendy pursue until
completion) such default within thirty days after written notice from Landiord; or (c) in
subletting or assigning this Lease in violation of Section l0 above; then, Landlord may
give Tenant the statutoriiy required notice of L,ease termination, if any, and Tenant shall
remain liable for damages and Rent due hereunder. If Tenant Defaults two times in any
six-month period, Landlord may serve notice of lease termination without giving Tenant
an opportunity to cure such default. Landlord's failure to enforce one or more of its
rights under this Lease, in the law, or in equity, shall not be constraed as a waiver or
limitation of Landlord's ability to subsequently enforce any of its rights. Upon the
appointment of a receiver or an assignment of assets for the benefit of creditors, or action
taken by Tenant uader any bankruptcy or other debtor reIief act, this Lease shall
automatically ternunate without nodce.
In the event of Landlord's failure to perfonn any of Landlord's obligations under this
Lease following thirty (30) days prior written notice (or if such obligation caunot be
reasonably completed within said 30 day period, Landlord fails to commence
performance of such obligation within the thirty day period and diligently pursue to
completion), Tenant shatl have the right to perform such obligation and Landlord shall
reimburse Tenant for its reasonable costs and expenses in connection therewith within
thirty (30) days after Tenant's delivery to Landlord of an invoice therefore, failing which
Tenant may declaze Landlord in default under this Lease and pursue those rights and
remedies as provided under applicable Iaw.
18. REMEDIES. If this Lease shall terminate due to a default by Tenant, then Tenant shall
pay all Rent until termination and, as damages, any deficiency between the future Reat
herein and the rent collected under any re-letting, net of all expenses. Landlord may elect
not to ternunate this Lease but to (i) recover the Rent as the same becomes due or, in
advance, the present value of the future Rent andior (ii) cure the default of Tenant and
recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per
month until paid. After default Landlord may reenter the Premises, dispossess Tenant
from the Premises and remove all property without releasing Tenant from any obligation,
including payment of Rent. Tenant waives all rights to file claims for damages resulting
from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant
shall have been dispossessed by any judgement. Notwithstanding anything set forth in
this Lease to the contrary, except as otherwise provided herein, neither party shall be
liable to the other for any special, punitive, or consequential damages.
19. QUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this
Lease and that Tenant, while paying Rent and performing its other covenants obligations,
and agreements hereunder, shall peaceably and quietly have, hold and enjoy the Premises
throughout the Terms without any manner of hindrance from Landlord or anyone
claiming under Landlord, subject, however, to all terms and pmvisions hereof.
20. TENANT'S RESPONSIBILITY FOR CONDUCT. Tenant will obta.in for its
employees and will require them to display proper identification in accordance with
prevailing Airport regulations for all area.s of the Airport where required. All costs
incurred in obtaining such required identification hadge authorizations or endorsements
and any chazges, fines, or other costs imposed upon Landlord for failure of the Tenant or
its employees to obtain or display such identification, including the replacement of lost
badges, shaIl be paid by and borne solely by Tenant. Tenant sha11 indemnify, defend and
hold harmless Landlord and its of~icers, directors, agents, tenants, customers, contractors,
subcontractors, invitees, and employees from and against any and all fines, penalties,
daxnages or legal actions which may be imposed by the Airport, United States Customs
service or any other agency having jurisdiction at or on the Airport as a result of Tenant's
or its officers, d'uectors, agents, cantractors, subcontractors, invitees, or employees failure
to comply with or adhere to any and all federal, state, local or Auport regulations in
effect as of the Effective Date of this Agreement or promulgated thereafter.
21. CASUALT'Y. If the Premises or access thereto shall, at any time during the Term hereby
created or any renewal thereof, be so badly damaged or destroyed by resson of any cause
that, in the opinion of the Landlord's architect, cannot be repaired or rebuilt within one
hundred and eighty (180) days from the date of such casualty, then this Lease may be
terminated and ended by either party by a notice in writing to the ather mailed within
thirty (30) days after the giving of the opinion of the Landlord's architect as aforesaid;
provided, however, that, in the event notice of termination is given pursuant to this
ciause, the Rent and any other payments for which the Tenant is liable under this Lease
shall be apportioned and paid to the date of such damage or destruction and the Tenant
shall deliver up possession of the Premises to the Landlord thirty (30) days after the
notice af termination. If damage or destruction to the Premises is, in the opinion of the
Landlord's architect, capable of being repaired or rebuilt within one hundred and eighty
(180) days from the date of such casualty, or if neither Landlord nor Tenant teiminates
this Lease pursuant to the preceding sentence, then (i) Landlord shall commence such
repair and rebuilding as soon as practicable and proceed w-ith reasonable promptness to
complete such repair and rebuilding within such one hundred eighty (180) day period
(subject to detays for causes beyond Landlord's reasona.ble control such as delays due to
issuance of building permits or obtaining of insurance proceeds, provided Landlord
diligently pursues the same) and notify Tenant in writing that it will be doing so, such
notice to be mailed within thirty (30) days from the date of such damage or destruction,
r-v
and (ii) the Monthly Net Rent and Additional Rent shall, according to the nature and
extent of the damage or destruction, abate until the Premises shall have been rebuilt and
made fit for the purposes of the Tenant. If Landlord fails to deliver to Tenant notice of
whether the damage can be repaired within the applicable thirty (30) day period, or if
Landlord has elected to repair and the repair is not completed within one hundred eighty
(180) days from the date of such event (subject to delays for causes beyond Landlord's
reasonable control such as delays due to issuance of building permits or obtaining of
insurance proceeds, provided Landlord diligently pursues the same; provided, however,
in no event shatl such delays collectively extend such one hundred eighty 80) day
period by more than thirty (30) ex~a days), then Tenant shall have the further option, at
any time thereafter until such time as Landlord tenders the notice or completes the repair
(as applicable), effective upon written notice to Landlord, to terminaie this Lease as of
the date of such notice. Landlord shall not repair or replace Tenant's property. The
provisions of this section shall be subject and subordinate to the appIicable provisions of
the Master Lease.
22• EMINENT' DOMAIN. If possession of any material part of the Premises shall be taken
under the power of eminent domain, or conveyance in lieu thereof, either party may
terminate this Lease within thirty days of such taking, and in that case, Tenant shall not
be liable for any Rent after the date of such termination. If neither party elects to
terminate this Lease, then this Lease shall remain in effect as to the portion not taken and
the Monthly Net Rent shall be reduced in proportion to the portion of the Premises taken.
Landiord shall be entitled to any award and Tenant hereby waives any interest it may
have in such award. Tenant may claim dislocation damages if such amount is not
subtracted from Landlord's award.
23. SALE BY LANDLORD. If Landlord's interest in the Property is sold, Landlord shall
transfer the baiance of the Security Deposit to the Landlord's successor and, provided
that the transferee assumes and agrees to carry out all of the obligations of Landlord
hereunder, be released from any future liability under this Lease accnring from and after
the date of the transfer of Landlord's interest and Tenant shall look solely to Landlord's
successor. Except as set forth in this Article, this Lease shall not be affected by any such
sale.
24. ESTOPPEL CERTIFICATES. Within ten days of request, either party hereto shall
deliver to the other party a statemeirt certifying (a) the Termina,tion Date; (b) thai tlus
Lease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that
there are no defaults hereunder except as specified; and (e) financial, environmental and
other inforination as reasonably requested.
25. FINANCIAL INFORMATION. Intenrionaliy Omitted.
26. SURRENDER OF PREMISES Upon the expiration or earlier termination of this
Lease, Tenant will deliver to Landlord possession of the Premises and Alterations in their
current, broom clean condition and free of debris and damage (casualty and
~
condemnation and ordinary wear and tear excepted), and title to all Alterations shall
automatically vest in Landlord.
27. NOTICES• Notices shall be sent by hand delivery, overnight courier, Certified Mail, or
by fax with a confirmation of delivery followed by a copy sent by regular mail, using the
addresses set forth on the Reference Page, and shall be deemed given upon delivery or
refusal of delivery.
28. FORCE MAJEURE• Landlord and Tenant shall be excused for any delay and shall not
be in default with respect to the performance of any of the terms or conditions of this
Lease when prevented from so doing by a cause beyond their control. This Article shall
not apply to the timely payment of Rent.
29. DEFINED TERMS AND NIISCELLANEOUS. The headings herein are for
convenience and in no way describe the scope or intent of any Article. Any
indemnification or insurance of Landlord shall include Landlord's lenders, trustees,
directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. If
any one of the provisions herein is judged unenforceable, all other provisions shall
remain in full force and effect. Tune is of the essence for this Lease and all of its
provisions. This Lease has been freely negotiated between the parties and in any
controversy over the interpretation of anything contained herein, there shall be no
presumption or conclusion drawn against either party by virtue of that party having
drafted that section of the Lease. Tenant shall look solely to Landlord's equity in the
Property for satisfa~ction of any judgements or awards. This I,ease supersedes anY
previous understanding or agreement of the parties and may not be modified except in
writing.
30. WAIVER OF JiJRY TRIAL. Landlord and Tenant hereby waive trial by jury in any
proceeding brought against each other. Any legal proceedings shall be governed by the
laws of the State in wluch the Property is located and tried in the court system in such
state.
31. NONRESPONSIBILITY OF LANDLORD. Except as expressly provided herein, there
shall be no abatement from or reduction of the Rent due hereunder regardless of the
reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements
from Landlord regardless of the cause or reason therefore, unless expressly provided for
in this Lease or caused by or resulting from the gross negligence or willful ausconduct of
Landlord. Except to the extent caused by or resulting from the gtoss negligence or willful
misconduct of Landlord or as expressly provided for in this Lease, Tenant shall have no
claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and
no recovery by Tenant from Landlord on account of partial or total failure of, or damage
caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light,
power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or
annoyance occasioned by water, snow, or ice being upon or coming through the roof,
skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks,
fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into
~
the Premises, (d) any damage or annoyance occasioned by the condition or arrangements
of any electric or other wiring, (e) any damage or annoyance arising from any acts,
omissions, or negligence of co-Tenants or other occupants of the Property, or of owners
or occupants of adjacent or contiguous property, or the making of major repairs,
alterations, repairs, improvements, or structural changes to the Property, or any thing or
service therein or thereon or contiguous thereto provided the same shall be made with
reasonable expedition.
32. MASTER LEASE. Tenant is cognizant of the fact that Landlord's interest in the
Property (including the Premises) is created by the Amended and Restated Lease
Agreement dated October 10, 2000 ("Master Lease") bet~veen Laridlord and St. Lucie
County, Florida ("Master Ground Lessor'~ and that the Consent of Master Ground Lessor
attached hereto is a condition precedent to the vatidity of this Lease. If Master Ground
Lessor has not executed and delivered the Consent of Master Ground Lessor attached
hereto within sixty (60) days of the Effective Date of this Lease, either party may elect to
tenminate this Lease by written notice provided to the other at any time before the
execution and delivery of the Consent of Master Ground Lessor. Landlord shall not
require the consent of Tenant to amend the Master Lease, Tenant waiving hereby any
right it may have to give any such consent or consents. Notwithstanding the foregoing,
Landlord covenants that Landlord shall not (i) voluntarily terminate the Master Lease
prior to the Termination Date, without Tenant's prior written consent, or (ii) voluntarily
modify the Master Lease so as to deprive Tenant of any material rights under this Lease
or to impose any increased material obiigation on Tenant, witiiout Tenant's prior written
consent.
33. SECURTTY. Tenant, and its employees, invitees, guests, and contractors must abide by
those security regulations, poIicies and procedures (applicable at any time during the
Term) ("Security Policies and Procedures") of the Airport, Federal Aviation
Administration, the Transportation Security Administration, or any other applicable
governmental or regulatory body, promulgated from time-to-time.
34. LANDLORD'S REPRESENfATIONS. Landlord to its actua,l imowledge hereby
represents and wazrants to Tenant that: (a) the Master Lease is in full force and effect;
(b) neither Master Crround Lessor nor Landlord is in default under any of the tercns,
covenants, or provisions of the Master Lease; (c) no event has occurred and no condition
ercists which, with the passage of time or the giving of notice or both, would constitute a
default by Master Ground Lessor or Landlord under the Master I,ease; (d) subje~t to the
Consent of Master Ground Lessor, there aze no easements, covenants, conditions,
restrictiorts, rights-of-way, governmenta! rules, statutes, ordinances, moratoria, policies,
or plans which would prohibit or interfere with Tenant's use of the Premises as permitted
by this Lease; and (e j the Masier Lease has not been assigned, modified, or amended in
any manner, except as follows: Assignment and Assumption of Ground Lease dated Dec
] 8 2009, by and between Volo Holdings Fort Pierce, LLC, and landlord as Assigneee;
Assignment and Assumption of Ground Lease dated May 16, 2007, by and between B&E
Houck Enterprises, Inc., as assignor, and Landlord, as assignee; First Amendment to
Amended and Restated Lease Agreement dated September 12, 2006, by and between
Master Ground Lessor and B&E Houck Enterprises, Inc.
IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.
Landiord: Tenant:
Fort Pierce FBO, LLC, wG _ c
a Florida limited liabiIity company a~ corporation
a
BY~ By; ~
Nam ~?^.~~?r`~ Name: /
Its: ~ 3 Its: e:~ d
~i~
CONSENT OF MASTER GROUND LESSOR
Master Ground Lessor hereby consents to this Lease and all terms and provisions hereof
and represents to Landlord and Tenant that to Master Ground Lessor's actual knowledge (a) the
Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in
default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has
occurred and no condition exists which, with the passage of time or the giving of notice or both,
would constitute a default by Master Crround Lessor or Landlord under the Master Lease; (d) the
party executing this Consent on behalf of Master Crround Lessor has the authority to consent to
this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner,
except as follows: Assignment and Assumption of Ground Lease dated Dec 18, 2009,by and
between Master Ground Lessor and Volo Holdings, LLC; Assignment and Assumption of
Ground Lease dated May 16, 2007, by and between B&E Houck Enterprises, Inc., as assignor,
and Landlord, as assignee; First Amendment to Amended and Restated Lease Agreement dated
September 12, 2006, by and between Master Ground Lessor and B&E Houck Enterprises, Inc.
Master Ground Lessor recognizes this Lease and agrees that (i) neither Tenant's right of
possession to the Premises nor Tenant's rights under this Lease shall be affected or disturbed by
Master Ground Lessor, and (ii) Tenant shall not be deprived of its rights under ttus Lease for any
reason so long as no event has occurred and then continues to exist for such period of time (after
any notice required by this Lease) as would entitle Landlord to tenninate this Lease.
IN WITNESS WHEREOF, Master Crround Lessor has executed this Consent as of this
day of , 2010.
Master Ground Lessor:
5t. Lucie County, Florida
By:
Name•
Its:
EXHIBIT A
PREMISES
Approximately 4900 square feet of hangaz/office Space
Located at 3101 Airmans Drive, Fort Pierce, FL 34946.
~
EXHIBIT B
ENVIRONMENTAL REQUIREMENTS
Tenant shall operate its business on the Properry and maintain the Premises (for purposes of this Exhibit Premises
includes any improvements thereon, inciuding without limitation any above-ground fuei storage tanks) in
compliance with ail federal, state and local laws, regulations, and requirements relating to the discharge of
Hazardous Substances and to the protection of public health or the environment ("Environmental l.aws")• The term
"Hazardous Substances" means all hazardous or toxic substances, materials or wastes identified as "ha7ardous
substances" under the Comprehensive Environmental Response, Compensation and Liability Act of t 980, as
amended from time to time ("CERCLA"); any oil or petroleum products; asbestos and PCBs. If Tenant uses
propane-fueled forklift trucks, it shall monitor air quality, as required under, and to ensure compliance with, all
applicable Environmental Laws.
Tenant shall give Landlord prompt written notice of any written instituted or threatened action, proceeding or claim
alleging a violation of, or obligation under, Environmental Laws at or at~cting the Property. Tonant shall aZso give
Landlord prompt written notice of Tenant's lrnowledge of any condition or occurrence at the Properry that
constitutes a violation of Environmental Laws or requires a removal action or remediation under Environmental
Laws.
Within ten (10) days of request, Tenam shall exe~ute and deliver to Landlord or any prospective lanrllord or
mortgagee, a statement certifying: (1) the estimated amount and type of Ha7ardous Substances then in use, or to the
extent of Tenant's lrnowledge, previously used, by Tenant at the Property except for those Haaardous Substances
used in the regular course of Tenant's business and in compliance with Environmental Laws; (2) that Tenant has
obtained and maintained in full force and effect all material permiu and approvals reqnired nnder Emironmental
Laws for the conduct of TenanYs business at the Property (along with copies of those pennits and approvals); and
(3) t~at Tenant has no notice or lmowledge of the presence of Hazardous Substances oa the Property in violation of
Environmental Laws. Landlord (and any potential landlords and mortgagees) are lunited to a totsl of two (2) such
requests per year for ~e Term of this Lease uniess otherwise allowed by Tenant_
If Tenant breaches its obligations under this Articie, or if the presence of Hazardous Substances on the Property
caused or permitted by Tenant results in contamination of the Properly in violarion of Environmental Laws, or if
contamination of the Property by Hazardous Substances otherwise occurs for which Tenarn is legally responsibfe,
then Tenant shall indemnify, defend and hold Landlord, its officeis, directors, shareholders, employees and trustees
or its agents harmfess from and against any and a11 claims, judgments, damages, penalties, fines, costs, liabilities or
losses (including, without limitations sums paid in settlement or defense of claims, attorneys' fces, consultant fees
and expert fees) that arise before or after the Lease termination as a result of such contamination. T6is
indemnification of Landlord by Tenant includes, without limitations, costs incnrred in com?ection w~th anY
investigation of site conditions or any cleanup, remedial, removal or restoration work requffed by aay federal, state
or local government agency or political subdivision or private party.
Without iimiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted bY
Tenazrt results in any contaminarion of the Property in the violation o~ or obligation under, Environmental I.aws,
Tenant, at its sole expcnse, shall promptly rake atl actions necessary w return the Propeaty to the condition necessary
to achieve compliance with Environmental Laws.
Landlord shall not cause or intentionaliy allow the presence of HazBrdous Substances in, on or under the Premises
that would be in violation or create an obligation under Environmental Laws. Landlord agrees to ~demaify, defend
and hold Tenan~ iu officers, directars, partners, shareholders, employees and agents harm~ess from and against any
and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of
Hazardws Substances in, on or under the Premises if caused or irtt~ntionalty permitted by Landlord, ~ts employees,
agents or con~actors. This indemnification of Tenant by Landlord includes, without limitation, costs in connection
with any invesrigation of site condition on any cleanup, remedial, removal or restoration work required under
Environmental Laws.
~
The foregoing indemnity and obligations shall survive the expiration or earlier termination of this I,ease. Landlord
and its agents shali have the right, but not the duty, to inspect the Property, with reasonable notice and without
interfering with TenanYs business, at any time to determine whethet Tenant is complying with the terms of this
Lease.
THE 1NDEMNITY OBLIGATIONS ABOVE ARE INTENDED TO ALLOCATE RESPONSIBILITY FOR
STATUTORY AND COMMON LAW NEGLIGENCE AND STRICT LIABILITY CLAIMS, AS WELL AS
NEGLIGENCE, STRICT LIABILITY, AND ALL OTHER CLAIMS ARISING UNDER ENVIRONMENTAL
LAWS, INCLUDING CERCLA AND OT[~R ANALOGOUS STANTES.
` POLlCY NO.: NAF40b7016 ATTACHED TO CERTIFICATE # 4
;
I
~ CERTIFICATE OF INSURANCE
~ rH~s is To cE~r To:
j Fort Pierce FB0. LLC, a Florida Limited Liabil'ity Company
~ 2982 Curtis lGng Blvd.
Ft. Pierce, Ft 34946
! THAT THE FOLLOWING POLiCY OF lNSURAMCE HAS BEEN lSSUED TO:
U.S. Sport Aircraft. Inc.
6025 Arbor Hills Way
The Colony, TX 75056
' POLlCY NUMBER: NAF4007016
, POLICY PERIOD: From May 28, 2010 To May 28, 2011
'i MiSURANCE COMPANY: Catiin lnsurance Company, Inc.
~ DESCRIPTION OF COVERAGES AND UMITS OF LiABiLITY: Please refer to attached schedule which
is incorporated as a part hereof.
i Desigrtation of Premises is (Part Lessed to You):
That porbon occupied by the Named Insured at 3101 Airtnan's Drive, Ft. Pierce, Fl
Name of Person or Organ¢ation (Additional Insured):
I Fort Pier~e FBQ LLC, a Florida Limited Liability Company
,~,s respects the above certificate holder:
Section 11- Who is an Insured is amended to indude as an insured the person{s} or organizations(s), but
oniy with resped to ~iabi~itY arising out of the Named tnsured's aviation operations or the mairrtenance or
use of that part of the premises ieased to the Named tnsured and shvwn above.
Subject to Date Change Recognrtion Endorsement.
Data included in this Certificate vafid as of October 20, 2010.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage
afforded by the policy listed herein. Notwithstanding any requiremerd, tertn or condition of any contrad or
other documerrt with respect to which this oertificate of msurance may be issued or may pertain, the
insurance afforded by U~e poliqr descxibed tie?ei~ is subject to all the terms, exclus"wns and oonditions of
such policies.
Should the described poficy be cancefled before the e~iration date hereof, the issuing cornpany will
endeavor to give 30 days { 10 days for non-payment) notioe to the certificate holder named herein.
However, failure to mail such notice shaH not impose any obligation nor any Iiability of any kind upon the
Company, its represeMatives or agents.
Qy. ~ Date of Issue: October 26, 2010
W. Brawn 8 Associates Insurance Senrices Certif'~cate No.: 4
# ~ Page 1 of 2
I
~ POLICY NO.: NAF40070?6
i ATTACHED TO CERTIFICATE # 4
~ SCHEDULE OF LOCATIONS
~ Location of Avietion premises owned, reMed to or occupied by the Named Insured:
F
3101 Airman's Drive, Ff. Pierr.e, FL, 33982
~ Type of Coverage:
~ LIY~ OF LIAB LITY
' General Agg~egate Limit (Other than Products-Completed
Operations artd Hangarkeepers') $2,000,000
Products-Completed Operations Aggregate limit Not Covered
Personal Injury & Advertising Injury Aggregate Limit $1,000,~0
~
Each Occurrence Limft $1,000,000
Frce Damage Limit (My One Fire} $Sa,O~
Medical E~ense Limit {Any One Person) ~
Each Occurrence $5,000
; Hangarkeepers' Each Loss Limit Not Cavered
Hangarkeepers' Each Aircratt Limit Not C~vered
Hangarkeepers' Deductible Each Occurrence g~ g~~,~,
Property Damage Deductible(s): $1,500 per cta~m
Certifica~e Page 2 of 2
1 -
~
AGENDA REQUEST ITEM NO. VI-B4
_ ~
DATE: December 7, 2010
, REGULAR [ ]
~ ~ ~ ~
_ _ .
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Manager
SUBJEGT: Fort Pierce Utilities Authority
20' Utility Ensement for Lawnwood Gravity Sewer Extension
Parcel I.D. No. 2416-504-0633-000-6
BACK6ROUND: Please see an attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION:
April 6, 2010 - Board of County Commissioners approved a Water ond Wastewater Supply Agreement
for a Grnvity Sewer Extension with the Fort Pierce Utilities Authority.
RECOMMENDATION:
Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities
Authority and the Bill of Sole; nuthorize the Chairman to execute the Eusement and Bill of Sale and all
necessary documents to convey the water distribution system nnd/or wastewnter collection system to
Fort Pierce Utilities Authority; and direct staff to record the Easement in the Public Records of St.
Lucie County, Florida.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: '
Approved 5-0 Faye W. outlaw, MPA
County Administrator
Review and Approvals
.
[x] County Attorney: ~i Environmental Resources: County Engineer:
Daniel5. McIntyre
/ ~ ~
(x] Originating Dept.: Road 4 Bridge'. [x) Parks 6 Recreation:
JoAnn Riley Debbie Brisson
5\ACQ\WP\7oAnn\Lawnwood Complex\FPUA Ensement Gravity Sewer Extension Agenda Request.wpd
~
INTER-OFFICE MEMORAN~UM
~ ST. LUCIE COUNTY, FLORI~A
• ' ~ ~
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: December 7, 2010
SUBJECT; Fort Pierce Utilities Authority
20' Utility Easement for Lawnwood Gravity Sewer Extension
Parcel I.D. No. 2416-504-0633-000-6
BACKGROVN~:
In 2007, a new maintenance building wns constructed at Lnwnwood Sports Complex. During the permitting
process, Fort Pierce Utilities Authority advised staff that the maintenance building and any future buildings
at Lnwnwood would hnve to be connected vio a grovity system to the new lift station at the Fenn Center.
On April 28, 2009, the Board of County Commissioners approved the construction of restrooms for the
Lawnwood Bnseball Complex ns a Local Stimulus Pro ject.
On April 6, 2010, the Board of County Commissioners approved o Water and Wastewater Supply Agreement
for n Gravity Sewer Extension with the Fort Pierce Utilities Authority to connect the maintenance building
and the restrooms at the Lawnwood Baseball Complex to the new lift station at the Fenn Center.
Fort Pierce Utilities Authority has requested a 20' Utility Easement to complete the connection. Parks nnd
Recreation have no objections to the proposed Easement. The County Surveyor hns reviewed and approved
the legal description.
RECOMMENDATZON:
Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities Authority
and the Bill of Sale; authorize the Chairman to execute the Easement and Bill of SQIe and all necessary
documents to convey the wat~r distribution system and/or wnstewater collection system to Fort Pierce
Utilities Authority; and direct staff to record the Easement in the Public Records of St. Lucie County,
Florida.
Respectfully submitted,
~
~ nn Riley
Property Acquisition Manager
5:\ACQ\WP\JoAnn\Lawnwood Complex\FPUA Ensement Gravity Sewer Extension Agenda Memo.wpd
r<
_ ~ ~ - ~ Lawnwood Sports Complex w ~
~
` y~~
~ ~ , ~ ~ _ , ~ ° , ~ ~ ~
~
. . ~
_ * t~ 5,;.~
~
~ 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
x h ~
~ S~~
. . . X~4~J . ~ ,N~ ~Y ~ ~~V~YUM ~ ~a0.
C1 rr ~ w- ~ ~ ,~r ~ sj`.~4 , rw t ,r
~
~.i ~~a.' ,iM. , t '~F ` ~ y'~~,~Qv M - M.
~i
n. ~j. ,a~, ny ~ - . r . ~ Lr~ - ~ ~ t
, ~ s ; ~ ~
' _ ,!,-",q+ . 1rt, `3,.r9.1'~ .t ~ ~,.'~I~ ~ y ~,`~dMR r,.'"~ e^„ Q „y ~ ~
~ ~ .e . w... ~ .
. .
~ NEBRASFCAAV ' " ,y~w'~ ~ . c~~ ~
c wXi ftr~~~ ~y, ~dl..~ .a:.~~ yy~ 3~p~O~` ~v~ f
.
y
I~ ' ~ ~ Q ~ h~ '..i+y~~~'~ ~~J°~ ~ r ~
,
~ ~ _ - ~ ~ . r ~ . r~ .r. ti ~..h,r.~ t ~ ~
~
, _
~ ` _ ~ T ° ~ ~ ~.sN~~
~ , ~ ~rl~'~' ~ ~
. ' . ~ ~ ~ .
• , , ~ ~ ~ ~y , ~ ~v<,~:
. ~ ~
~q ~ `
- ~
r. ~ , ~ ~ ~ fr°~' , ° - ~ ~ ~
, ~
' = , ~ ~s ~ . ~ r ~ N E BR,AS K~A"°A
'VE
~it~R - - ~ ~ ~ a~.- ~~lo~
, .
~ ,s~~r ~ ; }~~a~tj " ^p " ~EPPERTREEtTR~~~,
5
~ 'N~, ~MS~ ~ "6 C fv7~ !I~'^.i~~' P ~ ~
~i +4 ~ ~ , ~i .My'...~~ ~'d., ~ i y I ~~j~'
,~~t''` ~ S'LAWNWOOD~CIR ~ ~nr ~
~
~ ~~9~. ~ , - ~ ,g~~ " ~ ~
~
~ .?Y~ "`d'~, i7 'Y~~,~+" 1 ~.,tyk, ~ipY' ~'s ~,y ~~1~~ ~Y'~~~ ~ ~~'~f
4 ~ ~^o ~ ~ ~ ~1~,- .
,1. ' ary:-r~,fi ~ ~ LAURE~ LE~1F'LN ~ ~ ~
v . ~ _ - ~ ,a 3 r*' E , ~ t i~.
ti
iq~ j w +~`wr ~dt1~ w~ ~ ~ ~ j ~ ~1~ ~ .
w _ ° ~ ~ . , .
~ ~ - T,. y~ r ~
~ i ~e . f r 3' rt., y b
r
~I - . ..^n, ~ ~~~F"" .wy~,p,,'~°`, S `a'~"',~T ~tV~a~ ~ ~ .,a.~. . ~ ~ +ca~~'~~,~, ~s. ~ Y} ( ~
-'r.` - QUINCYAVE. ~ « _ ~ ~
,rR~? ~ , ~ P}~~ ' ,
_ ~ b ~ ~ y ~ _P~, ~ f o ~ ~ ~ ~ f
~p ~~i, wat r _ ~ ~ ~ " L~, ~~~P.
~ w, mr..~ . ~~ih„m, ,h `r ~'~r~ ~
~ ~ ~ , y :i v st SI ,
~ ~ ~ ~ ~ ~ 'n ; ~R
~ ~ e ~
~ 4 ~ ' v„ ~K7,~'~~~r
. r~ ~ n m _ a
~~'Mr ~ ~,+`~'.,~n r c e ip ~!F „e '^y .~wu'+~ z.i. ' m
~ t r E _ % ~j'' +f. ~.,y ~ ¦
F ~ ~ ~t
g k - ~ ~~.P~. `y ~ 't 1.~
. r`II k~ "r t ~ ~ e.n k g ~ 1~uI ~~r'~~ -t- a~Si
M
s" ~1 ~~'^z~
t ~'1: ~
_i ~~ra ~ ~ ~ ~ , ` t-~,~.
~ ~+.R ~r' ~ w w~ - ~
. ~ ~ ~ ~ ~ ~ ~
~ { Yf" ~ ~ ~ ~ ~ ~ ~ ~Y ~ ~ ~ . _ . ~ r~
, : ~
. ~ rt: I ~ ~ ~ r
~ ~
~ ~,~It~i ( _ _ ~ ~ ~ ~
; ~e ~ + .r ~ k' ~ ~.r~ - I ri aa r ,b~ "1 ~ ~ ' N .
Cn ~ +A~ ~y„ 434 r . r. ~ "t A~ ~w I~ k=.y 4.~ ^ ,r~ ~
~ ~ ~ y~ttt. V Ip re r~¢t . ~
Q~a ° ; ~ ~ r~~ ~ ~ •,''i~, ~ ~ z . ~ ~ '
~ _ ± i +:o-°, ~r- ~ ~ ~ tr r~.s +~~i#'° ~ ~
~ ~ ~ r j ~ ~s~~ ~ ~ I~ ~ ~ y : r';~ t
fn ' ~ ' k ~ t " •
,h~' ' ~ ~ ~ ~ ~ ~ ~ ff ~ s Y. + ~J ;,rrtr~S,wu . *Mn+ r~.
~ ~ '~w , 'aw. ~`~ti q . ~ s . ya'~ p#~6 ~ -
+ ;
~IM~ ~.yy~ "~!M k: ~ ,~J'+~' m. ~rl 'd.. ~ ' }
y.w ~y,,y~,y.~ ~ t~, ~ u~' - y{ : ~j~ ~v , ~ xama- ~ 1R
~ r }fa
iY~ ~ . r^M~ F ~
~4'..~~wum ~ ~ r.~i k . Y d L'~ ~ ~ ~'iw" t . 6
~
~ .,m. ,q;yfi "r ' m~ . ~ ~ dM/, ' ~ i 1«+ 'p ~ ~K 1 ii ? rX+
~ ~~.,k' ~ ~ ~ ~ ~
. ~
, . , _ . , "Ypr`~ nr. ~
~ ^ ~ . ~ ~ n- ~ ~a ~.da~.. f` R~s~ x T ' .q.~. ~ ~
~ ~ ~ . ,y ~ .
_
~ _ -?t~ y ; ~ ~ ~ , ~~r,ts~x„~. .a"-,~« . ; - ~ • ~
~ ~ _ vl ~ ' is ^w
~V T ~ 1 f ~E ~'a g}
~ ,
` ~ ' r 11~ 2r ~ ' .
~ ~I'k1 tf'^ x . v.,~ t ' _ ~ ~ : ~K ~ , . . . "i 1~ ~*~E s :
r ~
, .
. . ~ , .'ie,~ „ ~ ~ ~ '
'
' ' _ ~ t .
arrr - a.s....~.. : ~..a. _ +1, . .+w
_ ~
, ~ ~ .
. ~ .
VIRGINIA'AVE
~ ~ ~ ~ ' ~ r.~'"".,~` ~ ~ ~ .z~,~'LIRGINIA AVE : ~ -
~ I{,~ u~
i :1 r .f t 3. 4 +~~il~~_
~ 1~ ~ p~ S i 4 7"- _
y ~
'~'r Y ~ : . p'~ . , ^ I ~ ( ~ ~,,n! ~ F ;a~ ° rt'
~ ~Vr tflr. ,1., W ;1?~ a~i s.,~ „ ~ F"'~ AI+ ..~W,`- 'qM',"'',~`w '`'"'~f~'~ ..y~;~P;a.: ~ ~ a,.,~~,r 4 .
~~"iA;~ p~ p+1 "y~ e.°r~io" 4 , X~ . - Y:+ ~Lnuae, . ~~y ! '+~.rw: .Ma
* HN q ~4.~~ ~ + ~ ~ °Q-~ k. ;.r % ~ ~ -~WYOMING AVEn~p ;s, ~
.
~C ,.i~"~ ?F- iY .~u+ 1- i • ~f'TMpN'~ ~d~t"d;+t-Fi~>,~d,
,
~ ~
k"~n"-"- .a ~o+~ r,;. 2 .;g ~ g~'
~ .,j~'.t i (n ;r U ~ U +~t:,~ $ ~
" ~
v v,
~ ~
~t ~ n,~ ROYAL~'PALM:,DRt':, , r~~~ -'d~° O~ ;4 J.~~~ ~ ,ycs~: r ~?1~'~~
~ ,
~ s-~ ~~i, i i - 1-'- ,~i '~'~t~..,~~+ W..~x PINE HOLLOW.GFZ ' s a`~
~ _Q-~. Y ~ ~ ~ r~ _V?1. 'y'!* ~n~l+`~ ~ ~ .
~ ~ ` ~ t~u~i!- ~ ..~.z ' ~~*YORK~'AV.E
.
~ ~ ; ~ 1
• rnM . . ~ ~r
- fim , ~ ~ , ~ 1 L ^ ~ ~ t ~ ~
. ~ ~ ~ ~ ~
~ . ~ .a ~
~ . . . ;t~ ~ • .
e. . P% ~ e.Tp~+,~ '
~ y ~ ~ ~ , „ ~,~YORK~C i ~ " ~YOSEMITE CT`.'~^ ~ ~ ~ ~ uy ~ ~
"'~r J ti~ ~ ~ ~ ~ ~ ~r ~ i ~ ~ ~ 1 ` 1 ' ~ r '
~ ~ ~ P ,a.. Y~~ .Y~y, i ~ ' a+. `R" ' - 7 ; : r f ~ 4
~ ~ g~
~..~r ~k' ' i ~,;..,~;.-M~,;,~," n _ 1 Y,~-'.
aW~
WP
. . _ _ %~.I P;
_u.. C.,i.~ntv make:, nn warra ~c:. ren-_; ..nten~n c- n.; a~ t.r cnm~. ,eclucn a.ci ra m>.n , ,:cmnlF~en...,.~ ~f ~n~. tne aeoda~a ntormat on aF..1 i~crc,~~..
I~C .E~l.i _ f SryOllld fi0i !CI'J V fhf~ U~L:~I orCtvi[.ICd hC'E..t~ ~ nl'e~SC~ l..~. ~.1C1: ~..~linf'.+ ~xf IC11~ (11, cl: m5 2f: ^_pr^`aFniet trh w.] T.. 1~... f.~ucin~, w2hau: Ilnllt~li(l ~ ttlc, Inlpi~e~`
wanant~eF of I ttati Ity and itness i a ~xan cuia~ ~u Wse. Si. Lu I - mp si'all assumc io lieb'i ti For. A- s. om~ssion.; nr inaccuracies in tne
nro.mai on pinvicled reparaless of Iww eausetl~. c 2. Nny <lec swri maAe or adion ~aker m~ not tar.en o. any person in reiianec upon env imonnatnn er tlata furmshetl liereurwe:
.
RETURN T0: KOBLEGARD COURTHOUSE BOX EASEMENT
THIS INSTRUMENT PREPARED BY:
R.N. KOBLEGARD, III, ES~UIRE
200 SOUTH INDIAN RIVER DRIVE, SUITE 201
FORT PIERCE, FL 34950
PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S):
2416-504-0633-OOOl6
i~~acs~ ~~ec~ ~+af 7~ede ~zedeatt`d, that the undersigned
ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
for and in consideration of the sum of One Dollar, to them in hand paid by Fort Pierce Utilities Authority of the City of Fort Pierce,
Florida (located at 206 South Sixth Street), a municipal corporation under fhe laws of the State of Florida, receipt whereof is hereby
acknowledged, do hereby convey and grant to the City of Fort Pierce, Florida, for the use and benefit of Fort Pierce Utilities
Authority, the pnvilege and easement for the installation, maintenance, operation, repair, replacemenf and/or removal of their
municipal-owned electric, water, sewer and natural gas utifities, in, under, upon, along, over and across the following-described land in
St. Lucie County, Florida, to wit:
A 20' wide utility easement centered in, over and across all water/wastewater utilities (as more specifically depicted in record
drawings prepared by Culpepper & Terpening, Inc. and stored at Fort Pierce Utilities Authority's Water/Wastewater
Engineering Department) lying within the following-described parcel:
LAWNWOOD ADDITION THAT PART OF BLOCK 89, 90, 95, 96 AND 97 AND A PARCEL DESIGNATED AS PARK LYING
SOUTH OF QUINCY AVENUE AS RELCOATED IN O. R. 460-1533, AND ALL THAT PART OF VACATED QUINCY AVENUE
LYING SOUTH OF SAID BLOCKS, LESS SOUTH 25 FEET OF VACATED QUINCY AVENUE LYING SOUTH OF BLOCK 95, AND
ALL OF BLOCKS 105, 106, 107, 112, 113, 114, 115, 128, 129, 130, 131, 132, 135, 136, 137, 138, 139, 154, 155, 156, 157 AND 158,
LESS STREETS AND ALLEYS VACATED BY ORD E-233 AS IN O. R.106-508 AND LESS VIRIGNIA AVENUE AND LESS TO
TRINITY LUTHERAN CHURCH, ST. LUCIE COUNTY SCHOOL BOARD AND CITY OF FORT PIERCE AND LESS ADDITIONAL
RIGHT OF WAY AS IN O. R. BOOK 598-1832: 615-739; (650/784) 626-1682-(261-618)
Access to the above stnp of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees,
bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation,
maintenance, operation, repair, replacement and/or removal of said utilities. Patrolling said easement shall not constitute grounds for
a claim for damage.
The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be
erected orplaced on said strip ofland by GRANTORS. The rights herein granted may be assigned in whole orin part.
The GRANTEE will indemnify and save fhe GRANTOR harmless from any damages, injuries, losses, claims, demands or costs
proximately caused by the sole fault or negligence of the GRANTEE, its representatives, subcontractors, or agents in the installation,
maintenance, operation, repair, rep/acement and/or removal of said utilities and the equipment and facilities connected therewith, over
and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract,
statute, stnct liability, negligence, product liability or otherwise, the obligations of the FPUA under this indemnification provision shall
be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover
damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that
the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not
exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the
result of all claims and judgments arising out of the same incident or occurrence.
The GRANTOR hereby covenants and warrants that it owns the said land and has the nght to grant thrs easement.
~c~ ~/i~tea¢ ~/~e~ceo~, the GRANTOR has caused these presents to be executed in its name, and ifs corporate sea/ to be
hereunto a~xed, by its proper officers thereunto duly authorized this 7~h day of December, 2010.
,¢~,t. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
Grantor
Deputy Cleric ev BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY,
FLORIDA
SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES:
wtness Signature Chris Craft, Chairman
Printed Witness Signature (SEAL)
Witness Signature
Printed Witness Signature
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally
appeared Chris Craft and Millie Feliciano known to me to be the Chairman and Deputy Clerk, respectively, of the Board of County
Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they
acknowledged executing the same for such entity, freely and voluntarily, under authority duly bested in them by said entity, and that
the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above-
named person: Florida Driver's License, and that an oath was not taken.
RUBBER STAMP NOTARY SEAL Witness my hand and officiai Seal in the County and State last
aforesaid this day of , A.D. 2010.
Notary Signature
Nota Printed Name
5:\ACQ\WP\JoAnn\Lawnwood Complex~FPUA Easement Gravity Sewer Extension.docx
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie Countv, ("Transferor"), for and
in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, to
it paid by the Fort Pierce Utilities Authority ("FPUA"), the receipt of which is hereby
acknowledged, by these presents does grant, bargain, sell, transfer and deliver unto
FPUA, its successors and assigns, all those certain goods and chattels located on or
benefiting that certain real property (the "Real Property") located in the County of St.
Lucie, State of Florida, such goods and chattels described as follows:
All pipelines, pipes, tees, ells, manholes, connections, cutoffs, fire
hydrants, valves, lift stations and all other equipment used or useful for
and/or in connection with the water distribution system and/or wastewater
collection system constructed and installed by Transferor, as described in
the material list attached hereto and made a part hereof as Exhibit "A".
It is the purpose and intent of the Transferor to convey to FPUA, by this Bill of Sale, all
property comprising said water distribution system and/or wastewater collection system
to and within the Property, together with all of the rights of the Transferor arising out of
any and all guarantees, performance bonds, contracts and agreements of Transferor in
connection with said water supply distribution and/or wastewater collection system.
TOGETHER, with every right, privilege, permit and easement of any kind and nature of
Transferor, in and relating to connection with the aforesaid water distribution system
and/or wastewater collection system.
TO HAVE AND TO HOLD the same unto FPUA, its successors and assigns, forever.
AND TRANSFEROR does for itself, its successors and assigns, covenant to and with
FPUA, its successors and assigns, that Transferor is the lawful owner of the above-
described goods and chattels and that the said property is free and clear of all liens,
encumbrances, and charges whatsoever; that it has good right and lawful authority to
sell the same as aforesaid, and that it does warrant to defend the title and the sale of
the said properties hereby made, unto FPUA, its successors and assigns, against the
claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, Transferor has caused this Biil of Sale to be executed this
day of , 20
WITNESS: BY:
Signature Signature
Printed Name Printed Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of
Said person (check one) is personally known to me, or produced
as identification.
Signature
Seal
Printed Name
Notary Public, State of
IN WITNESS WHEREOF, Transferor has caused this Bill of Sale to be executed this
day of , 20
WITNESS: BY:
~
Signature Signature
Printed Name Printed Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of
Said person (check one) is personally known to me, or produced
as identification.
Signature
Seal
Printed Name
Notary Public, State of
BILL OF SALE EXHIBIT "A"
WATER COST & QUANTITIES
WASTEWATER COST & QUANTITIES
~ Fort Pierce Utilities Authori ~ =
tY
~ "Committed to Quality" ~ • ' ~ ,
Water/Wastewater Engineering Department ;
~
~ •
113 N. 2nd Street (~.0. dox 3191) ~
.i
Fort Pierce, FL 34950 (34948)
Cost and Quantities
Materials List for Wastewater System
"Exhibit A"
For Finance
Project Name:09-106 Lawnwood Complex - Gravitv Sewer Extension ilse Only
Installed Total Asset Class
Item Description Quantity Unit Unit Price Unit Price Asset ID ID
P1/C ~Gravi#y ~Gtains '
8-inch 1010 LF. $12.14 $12,261.40 804495CC 84-8352CC
10 inch L.F. $0.00
12 inch L.F. $0.00
DtP Gravity Mains
8-inch L.F. $0.00 804470CC 84-8352CC
10-inch L.F. $0.00
12-inch L.F. $0.00
HDPE Gravity ~ains
8-inch L. F. $0.00
10-inch L. F. $0.00
12-inch L.F. $0.00
P~/C Force ~ain
2-i nch L. F. $0.00
4-inch L.F. $0.00 804390CC 84-8352CC
6-inch LF. $0.00 804445CC 84-8352CC
8-inch L.F. $0.00 804490CC 84-8352CC
10 inch L.F. $0.00 804195CC 84-8352CC
12 inch L.F. $0.00 804185CC 84-8352CC
16-inch L.F. $0.00 804217CC 84-8352CC
24-inch L.F. $0.00 804384CC 84-8352CC
t31P Force'~lain "
4-inch L.F. $0.00 804392CC 84-8352CC
6 inch L.F. $0.00
8-inch L.F. $0.00 804491CC 84-8352CC
10-inch L.F. $0.00
12-inch L.F. $0.00 804170CC 84-8352CC
16-inch L.F. $0.00 > 804423CC 84-8352CC
24-inch L. F. $0.00
HDPE force ~ain
Installed Total Asset Class
Item Description Quantity Unit Unit Price Unit Price Asset ID ~p
2-inch L.F. $0.00 804260CC 84-8352CC
4-inch L. F. $0.00
6 inch L.F. $0.00 804430CC 84-8352CC
8-inch L.F. $0.00 ` 804480CC 84-8352CC
10-inch L. F. $0.00
12-inch LF. $0.00 804481CC 84-8352CC
16-inch L.F. $0.00 804216CC 84-8352CC
18-inch L. F. $0.00
24-inch L.F. $0.00 ` ' 804515CC 84-8352CC
~3~ ~B~Ve
2-inch EA. $0.00 804060CC 84-8352CC
4-inch EA. $0.00
6 inch EA. $0.00 804063CC 84-8352CC
8-inch EA. $0.00 804064CC 84-8352CC
10-inch EA. $0.00
12-inch EA. $0.00
16-inch EA. $0.00 ' 804067CC 84-8352CC
18-inch EA. $0.00
20-inch EA. $0.00
24-inch EA. $0.00
~?~11~~'st~VE
6 inch EA. $0.00
~ 8-inch EA. $0.00 ` 804580CC 84-8352CC
10-inch EA. $0.00
12-inch EA. $0.00 ; 804578CC 84-8352CC
16-inch EA. $0.00
18-inch EA. $0.00
20-inch EA. $0.00
24-inch EA. $0.00
~ . ~ . '
4-inch PVC L.F. $0.00 805040CC 84-8353CC
6-inch PVC 150 L.F. $7.35 $1,102.50 c;:.' 805080CC 84-8353CC
8-inch PVC L.F. $0.00
- ,--A-~~- ~1~1~5
Manholes 5 EA. $1,846.60 $9,233.00 804095CC 84-8352CC
_ k
~~'~tflR ~ .
Controls EA. $0.00 807166CC 82-8361 CC
Pumps hp EA. $0.00 809061CC 82-8363CC
Wet Well EA. $0.00 808008CC 82-8362CC
~,3~tt3C12 .
Controls EA. $0.00 807166CC 82-8361 CC
Pumps hp EA. $0.00 809061CC 82-8363CC
~ Installed Total Asset Class
Item Description Quantity Unit Unit Price Unit Price Asset ID ID
Wet Well EA. $0.00 ' 808008CC 82-8362CC
Lift Station 3
Controls EA. $0.00 807166CC 82-8361 CC
Pumps hp EA. $0.00 809061CC 82-8363CC
Wet Well EA. $0.00 808008CC 82-8362CC
TOTAL $22,596.90
c~~~u~i~~rt~~
~e°~541 y~~~~~~i
,qo4~`i~,; ,.~f~1 S ~ F
Z :
~ ~ ~
; . ~
_
~
-
e~° o
~ ' =
N •
~ A ?
~ :
~ ~~"'~L ~~e
h~~~~~'• e•S~~i,~O 1V ~~V
Signatur o ~~?~tA~b~ Record Date
Total item cost should include all labor, materials, resto tion, testing, fittings, MOT, wire, tap, and mobilization.
PLEASE DO NOT MODIFY THIS FORM IN ANY WAY
ITEM NO. VI-C
~ j ~ t
`'t ~ ~~,n ~ DATE: 'I 2/07I10
~ AGENDA REQUEST REGULAR ( )
• ` ? '
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Mike Middlebrook
SUBMITTED BY: Environmental Resources Department Restoration Biologist
~
SUBJECT: lndrio Savannahs Preserve Habitat Restoration
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-3920-534000-310035 Other Contractuai Services (pending BOCC approvai)
PREVIOUS ACTiON: March 9, 2010 - BOCC approval of 2009-10 purchase order agreement
RECOMMENDATION: Board authorization to accept a reimbursement agreement in the amount of
$15,000 from the Florida Fish and Wildlife Conservation Commission to improve
gopher tortoise habitat in the Indrio Savannahs Preserve and to approve Budget
Resolution 10-301.
COMMISSION ACT10N: CONCURRENCE:
t~ APPROVED ( ) DENfED
( ) OTHER -
Approved 5-0 ~e W• Outlaw, MPA
County Administrator
Coordination/Signatures
County Attomey ( X) OMB Director ( X)
Dan Mclntyre ane Gouin
Budget Analyst ( X ) ERD ~ X~ aren . Smith
TaWon Johnson K
Environmental Resources
,
~ _ Department
•
• ' ~ ' MEMORANDUM
TO: Board of County Commissioners
THROUGH: Karen L. Smith, Environmental Resources Department Director~,~
FROM: Mike Middlebrook, Restoration Biologist ./~/jr~-
Amy Griffin, Environmental Regulations and Lands Manager~
DATE: December 7, 2010
SUBJECT: Indrio Savannahs Preserve Habitat Restoration
ITEM NO. VI-C
Backqround:
The Florida Fish and Wildlife Conservation Commission (FWC) offers competitive funding assistance
to local governments annually to aid recovery of the endangered gopher tortoise. This agenda item is
a request for Board authorization to accept a reimbursement agreement from FWC in the amount of
$15,000 to improve gopher tortoise habitat in the Indrio Savannahs Preserve. These funds will be
held in Account No. 001-3920-534000-310035 (Other Contractual Services).
Funds will be utilized to contract out the maintenance of fire breaks within the preserve in preparation
for prescribed fire. Prescribed fire is a safe way to apply a natural process, ensure ecosystem health
and reduce wildfire risk. Prescribed fire on County lands is carried out by Florida Division of Forestry
and Environmental Resources staff.
FWC will reimburse St. Lucie County upon completion of the project and does not require matching
funds.
Recommendation:
Board authorization to accept a reimbursement agreement in the amount of $15,000 from the Florida
Fish and Wildlife Conservation Commission to improve gopher tortoise habitat in the Indrio
Savannahs Preserve and to approve Budget Resolution 10-301.
RESOLUTION NO. 10-301
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the .time of adoption of the budget have become
available ~ in the form of a purchase order agreement with Florida Fish & Wildlife Conservation
Commission (Indrio Savannahs Preserve Phase II) in the amount of $15,000.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 7th day of December, 2010, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget
is hereby amended as follows:
REVENUE ~
001-3920-369930-310035 Reimbursements $15,000
APPROPRIATIONS
001-3920-534000-310035 Other Contractual Services $15,000
After motion and second the vote on this resolution was as foliows:
Commissioner Chris Craft, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX _
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 7th DAY OF DECEMBER 2010.
ATTEST: BOARD OF COUNTY COMMlSSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Fionda
~
I~$~?~~..~;=~~"'-;''~''
~ v.0 ?~~r
Order No. A33F23
Issued on Tue, 23 Nov, 2010
Created on Tue, 23 Nov, 2010 by Ariba System
Supplier:
St Lucie County BOCC
2300 Virgina Ave~Att: Finance
Fort Pierce, FL 34982
United States
Phone: US772-462-3581
FaY: US772-462-1614
Contact: Desiree Cimino
Ship To: Bill To:
Fish & Wildlife Cons. Comm. Fish & Wildlife Cons. Comm.
Habitat & Species Conservation Habitat & Species Conservation
620 S. Meridian Street 620 S. Meridian Street
Tallahassee, FL 32399-1600 Bryant Bldg.
United States Tallahassee, FL 32399-1600
United States
Deliver To: Entity Description: Fish and Wildlife Conservation Commission
Magda Soliman Organization Code: 77355090200
Object Code: 770000-139940
Expansion Option: 62
Exemption Status: Yes
Exemption Reason?: lE
VersionNumber: 1
- ,
Item Description Part Number ' Unit Qty Need By ! Unit Price Ertended Amount
1 Manage 75 acres of gopher torkoise habitat each 15,000 None $1.0OOOOUSD $15,000.0OOOOUSD
.
Manage 75 acres of gopher tortoise habitat through the installation of fire breaks and tapered ignition strips by St. Lucie County on County owned conservation land.
Estimated project start date: December 1, 2010
Estimated project completion date: May 27, 2011
Project Title: "Indrio"
Location: 5100 Tozour Road
St Luci, Ft Pierce FL ~
75 Acres not to exceed a total of $15,000
Total: $15,000
Justifica
Gon: The County will be managing 75 acres of habitat for gopher tortoise on publically owned couty property to help achieve the goals ouUined in the FWC Gopher
Tortoise Management Plan (2007).
Distributors?: N
Requester: Magda Soliman
Ship To Code: AOfbelvn.q
State Contract ID:
PR No.: PR5223290
' Requester Phone:
Master Ageement ID: -
MyGreenFlorida Content: N
Method of Procurement:: L- governmentai agency per 287.057(3)(fl13, defined in 1633164(10).
Shipping Method: Best Way
FOB Code: INC-Dest
FOB Code Description: Destination freight paid by vendor and included in price. TiUe passes upon receipt Vendor files any claims.
Encumber Funds: Yes
PO Start Date: Tue, 23 Nov, 2010
PO End Date: Thu, 30 Jun, 2011
Fiscal Yeaz Indicator: 2011
PIJI#: 7701
' Site Code: 770000-00
Additional Item Info:
Terms and Conditions: htto:/ldms.myflorida.com/mfmp PO TC
P Cazd Order?: No
Total S15,OO0.0OOOOUSD (
commenb:
SUBMITTED by Magda SoGman oa Tuesday, November 23, 2010 ef 3036 AM with comme¢t (3 documenu attached)
75 Acres na to exceed a total of 515,000 ~
Total: 515,000
FWC Terms and Conditioas, FL Emergency Suppliez, Eleccorinc Fund Transfa aad Automated Cleariag House doc. are atiached (Magda Soliman, Tuq 23 Nov, 2010)
AGENDA REQUEST ITEM NO. v1-D1
~ I
t ~ ~ - - DATE: 12/07/10
~ REGULAR (X)
~ ~ .
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
- Daniel J. Lutzke
SUBMITTED BY: Human Resources/Risk Management Risk Manager _
SUBJECT: Prison Health Services Inmate Health Care Invoice, Fourth Quarter FY 2010.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expense Fund pending BOCC approval
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval for payment of Prison Health Services invoice number
PHS0008360 for the Fourth Quarter of FY 2010, in the amount of $277,044.65.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED ~ ~
( ) OTHER r
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Sianatu res
7
K~ OMB Director ( X )
County Attomey ( X) Budget Analyst
. (Daniel S. Mclntyre) (Marie Gouin
Originating Dept. ( X ) ERD ( )
illiam Hoeffner} (Name)
\
, _ . , ~ . . :
_ ; , .
, Human Resources/Risk Management
. .
MEMORANDUM
TO: Board of County Commissioners
~
THROUGH: William Hoeffner, Human Resources Director~~~f
f
FROM: Daniel J. Lutzke, Risk Manager/'~
~-Ca'.'7"~
DATE: December 7, 2010
SUBJECT: Prison Health Services Inmate Health Care Invoice, Fourth Quarter FY 2010.
ITEM NO. VI-D1
Backpround:
Prison Health Services (PHS) acts as a third party administrator for prisoner health care and
manages and pays for medical care expenses for incarcerated jail inmates that are provided off-site
(outside the Jail). The County then reimburses PHS for invoices PHS has paid. Florida Statutes
make the County responsible for payment of inmate medical services, including psychotropic drugs,
whenever the inmate has no viable method of paying for medical services. PHS has now submitted
Invoice Number PHS0008360 (Attachment A) for those Fourth Quarter medical services that PHS
has already paid for in the amount of $277,044.65 and is requesting reimbursement from the County.
PHS has also submitted information showing that an additional $216,875.63 in FY-2010 medical
utilization costs has been submitted to PHS for payment. PHS will submit those costs to the County
for payment after they have processed them, confirmed their accuracy and paid the providers. By
contract, PHS has 150 days after September 30, 2010, to submit FY-2010 costs to the County for
reimbursement.
The total FY-2010 Inmate Utilization cost paid to date is $2,019,911.24. Adding this invoice of
$277,044.65 and the anticipated closing invoice of $216,875.63 to that total shows a total FY-2010
Inmate Utilization cost of $2,513,831.52. The combining of Utilization cost with the paid HIV
Medication costs of $475,358.00 results in a FY-2010 total cost for off-site Inmate Medical care of
$2, 989,189.52.
Previous Action:
Board Approval of:
FY 2010 monthly inmate HIV Medication payments totaling $475,358.00.
02/15/10; First Quarter FY 2010 Medical Services Utilization payment of $475,003.61.
05/18/10; budget amendment transferring $700,000 from Reserves to the Inmate Medical Fund.
05/18/10; Second Quarter FY 2010 Medical Services Utilization payment of $1,133,949.92
08/24/10; budget amendment transferring $1,000,000 from Reserves to the Inmate Medical Fund.
08/24/10; Third Quarter FY 2010 Medical Services Utilization payment of $410,957.71
Recommendation
Board approval for payment of Prison Health Services invoice number PHS0008360 for the Fourth
Quarter of FY 2010, in the amount of $277,044.65.
, Invoice Number: PHS0008360
I~H~..
Prison Health Services, Inc.
dba PHS Correctional Healthcare
Attac~meat - A
105 Westpark Drive, Suite 200
Brentwood, TN 37027
1-800-729-0069 ext. 338 ID# 23-2148853
ST LUCIE COUNTY SHERIFF'S DEPT October 22, 2010
ATTN: TOBY LONG
4700 WEST MIDWAY ROAD
FORT PIERCE, FL 34981
Customer Number: 1534B
Aggregate CAP
Utilization for 10/i/09-9/30/10 as of Sep10 $282,876.80
Psychotropics for 10/1/09-9/30/10 as of Sep10 ($5,832.15)
Amount Due: $277,044.65
Remit Payment To:
Prison Health Services, Inc.
dba PHS Conectional Healthcare
12464 Collection Center Drive
Chicago, IL 60693
Payment Due Date: November 21, 2010
Account Terms: NET 30 DAYS
PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL'
Y
QUARTERLY INVOICE ~
St. Lucie County, FL
Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010
Utilization and HlV Meds
For the month ended: September 30, 2010
A gregate Terms per Contract (backup attachedj:
100'/. reimbursement s .
Summary of Aggregate Calculation through 09/30H0:
Paid Claims S 2,2st,ese.e2
On-Site Dtalysis Treatments = ~
Pharmacy - Diaysls AAedications ; 8,5~9.50
Pharmacy • Cancer Medications S 9,eto.ze
OnSite X-ray s ~
Total Paid through 09l30N0: i 2,sit,116.40
Less: Previously Invoiced i (z,o28,~39.60)
_
Amount Due Tbi~ QuaRer ' ; . , . ~ ' . - _ . t ; : •28x876.80:
AGENDA REQUEST ITEM NO. vl-D2
- ~ DATE: 12/07I10
~ REGULAR ( )
. • • •
~ PUBLIC HEARING ( )
_ LEG. l 1
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
- Daniel J. Lutzke
SUBMITTED BY: Human Resources/Risk Management Risk Manager ~v~,~
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for October, 2010
-
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board authorization for payment of Prison Health Services invoice number
PHS0008505 for HIV medications for the FY-2011 period of October 01, 2010
through October 31, 2010, in the amount of $40,509.27.
COMMISSION ACTION: CONCURRENCE:
(J~ APPROVED ( ) DENIED ~
( ) OTHER -
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Siqnatures
~
County Attorney ( X) ~ OMB Director ( X)
Budget Analyst
. (Daniel S. Mclntyre) ( arie Gouin)
" ~ ERD ( )
Originating Dept. ( X ) s~ '
~ il i m Hoeffner) (Name)
° : M. Human Resources/Risk Management
~
' ' ~ ' MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner, Interim Human Resources Director
FROM: Daniel J. Lutzke, Risk Manager,f' . ~ `
C ecr..~ " ~
DATE: December 7, 2010 ~
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for October, 2010
ITEM NO. VI-D2
Backqround:
Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate health
care and manages, administers and pays for inmate HIV medications and off-site services from
medical providers. PHS has submitted their first FY-1011 Invoice Number PHS0008505 (Attachment
A) in the amount of $40,509.27 requesting reimbursement from the County for FY 2010-2011 October
inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the
medical services provider shall be reimbursed from the general fund of the County when no other
source of payment is available.
Previous Action:
FY 2010 Board Approval of monthly inmate HIV Medication payments totaling $475,358.00.
FY 2010 Board approved and to be approved Inmate Off-Site Utilization cost of $2,513,831.52.
The combination of Utilization cost with HIV Medication costs results in a FY-2010 Inmate Medical care
total cost of $2,989,189.52.
Recommendation
Board authorization for payment of Prison Health Services invoice number PHS0008505 for HIV
medications for the FY-2011 period of October 01, 2010 through October 31, 2010, in the amount of
$40, 509.27.
~ Invoice Number: PHS0008505
~
H
~
Prison Health Services, Attachsnesit ~ A
dba PHS Correctional Healthcare
105 Westpark Drive, Suite 200
Brentwood, TN 37027
1-800-729-0069 ext. 338 ID# 23-2108853
ST LUCIE COIJNTY SHERIFF'S DEPT November 22, 2010
ATTN: TOBY LONG
4700 WEST MIDWAY ROAD
FORT PIERCE, FL 34981
Customer Number: 1534B
Aggregate CAP
HIV Meds for October 2010 $40,509.27
Amount Due: $40,509.27
Remit Payment To:
Prison Health Services, Inc.
12464 Collection Center Drive
Chicago,lL 60693
Payment Due Date: December 22, 2010
Account Terms: NET 30 DAYS
PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL
.
MONTHLY INVOICE
St. Lucie County, FL
Contract Year: October 1, 2010 through September 30, 2011
H/V Medications
For the month ended; October 31, 2010
Aggregate Terms per Contract (backup attached):
Annual Aggregate Limit:
Annual Aggregate Total: ~ -
100% bill back over $ -
$ _
HIV Medication & Lab Costs - October 2010
See Attached $ 40,509.27
Amount Due - Octo6ef 20i 0
: - `40,509:27,
~ ITEM NO. VI-E
.~r _
~ " ~ _ ' ~ DATE: 12/07/10
i
~ . , . AGENDA REQUEST REGULAR ( )
_ _
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
- Michael Brillhart
SUBMITTED BY: Business and Concurrency Management Manager
SUBJECT: 2011 Legislative Issue Requests
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A.
PREVIOUS ACTION: At its Novembe~ 23, 2010 informal meeting, the Board reviewed Legislative Issue
Requests and Letters of Support for 2011 as provided by staff. Board
recommendations are outlined in the attached memorandum.
RECOMMENDATION: Board authorization to submit five Legislative Issue Requests and four Letters of
Support to the St. Lucie County Legislative Delegation, as outlined in the attached
memorandum.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED J,..-}
( ) OTHER
Faye W. Outlaw, MPA
qpproved 5-0 County Administrator
CoordinationlSianatures
County Attorney (X) Planning & (X) ~
Development
:~y p, i+ Services Director
. Da,n~~iel Mclntyre Mark Satterlee
~1 N.~ Ya.n..s
r=-=~n-~,.=-~ -
- - - ,
_ _ ~ ~ ~ ~
~ _ , . _ . ,
~ ST. LUCIE COUNTY
~ ~ , BUSINESS AND CONCURRENCY
MANAGEMENT DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: Michael Brillhart
Business and Concurrency Manager
DATE: December 7, 2010
SUBJECT: 2011 Legislative Issue Requests
ITEM NO. VI-E
Backqround:
This agenda item is to secure the Board's authorization to submit five Legislative Issue requests and four
Letters of Support for the following items:
1. Renewable Energy - Renewable Portfolio Standard (RPS)
2. Inmate Medical Treatment Billing
3. Maintain State Trust Funds for SHIP and Transportation Disadvantaged
4. Water Quality - Numeric Nutrient Criteria and Total Maximum Daily Loads
5. Pre-Trial Release Program
6. Letter of Support to State for Completion of the C-23/C-24 Reservoirs and Storm water
Treatment Areas Project
7. Letter of Support to State for the Department of Community Affairs
8. Letter of Support - Fort Pierce Farms Water Control District
9. Letter of Support - Creation of Department of Juvenile Justice Expenditure and
Operational Efficiencies Review Team and Uniform State Funding of Juvenile Assessment
Centers.
It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for
Legislative Issue Requests. At its informal meeting on November 23, 2010, the Board reviewed for
consideration Legislative Issue and Letter of Support Requests as provided by staff. In consideration of
Board recommendations made on November 23, 2010, the following are proposed Legislative Issue and
Letter of Support Requests.
1. Renewable Enerqv - Renewable Portfolio Standard (RPS)
Florida should adopt a Renewable Portfolio Standard (RPS). The RPS would establish meaningful
standards for renewable energy alternatives in the state and help promote investment by both public
and private sectors.
The study by Navigant Consulting, commissioned by the Florida Public Service Commission (PSC),
identifies the most technologically viable renewable energy alternatives in the state. The number one
alternative identified in the study is rooftop solar. Florida needs to aggressively pursue and promote
rooftop solar and other highly recommended renewable energy technologies. The state should also
- Page 2.
provide opportunities for private investors and individual homeowne~s to be a part of distributed
generation, allowing for fair participation of Florida residents in the production of power.
The RPS would utilize a Renewable Energy Certificates program to stimulate new markets for private
solar companies to invest more significantly in Florida. Solar financing programs should also be
created to enable low or no interest loans for individual homeowners to cost-effectively install rooftop
solar.
Rooftop solar is not only the number one renewable energy technology recommended by the experts
in Florida, but widespread installation on individual homes and businesses would help employ the
hardest hit job sector in the state (i.e., construction). Large-scale rooftop solar initiatives would also
entice solar companies to relocate to Florida and promote further research and manufacturing in the
state.
Legislative Issue Recommendation: St. Lucie County encourages our Legislators to adopt new
energy Renewable Portfolio Standards (RPS).
2. Inmate Medical Treatment Billinq
On February 9, 2010, The Board of County Commissioners adopted Resolution 10-063 supporting
efforts by the Legislature to amend s.901.35, F.S. providing that "any payments made from county or
municipat general funds to a provider under this section for medical care, treatment, hospitalization
and transportation of an arrested person shall be made at 110% of the Medicare allowable rate for
such service". Under s.905.6041, F.S, the Florida Department of Corrections pays for State inmate
medical services at 110% of the Medicare allowable rate.
Legislative Issue Recommendation: St. Lucie County urges our Legislators to adopt a
standardized state-wide reimbursement amount paid by counties to medical providers at the
established 110% of the Medicare rate consistent with the rate paid by the State Department of
Corrections for inmate medical treatment.
3. Maintain State Housinq Initiative Proqram (SHIP) And Transportation Disadvantaqed Trust Funds
Two programs that have been funded by trust funds that were established through user fees are the
State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program. These
two programs provide vital housing and transportation services that assist our most vulnerable citizens
with a hand up rather than a h~nd out.
Legislative /ssue Recommendation: St. Lucie County urges our delegation to only allocate the
SHIP and the TD Trust Funds for those two programs and not divert the funds to the general fund.
The County also recommends repeal of the cap on the Housing Trust Fund in order to keep the SHIP
funding as a viable source of funding for housing the elderly, the infirmed and our essential workforce.
4. Water Quality - Numeric Nutrient Criteria and Total Maximum Dailv Loads
In consideration of the recommendation of the Florida Association of Counties (FAC), the County
supports a"science-based numeric nutrienY' criteria for Florida's waters. The County also concurs
with FAC encouraging the U.S. Environmental Protection Agency (EPA) and State Department of
Environmental Protection (DEP) to insure that any rule making to promulgate new nutrient criteria is
based upon a correlated cause and effect relationships between nutrients and biological impairment;
Page 3. _
is ecumenical and technically feasible; achieves environmental benefits; takes in to account existing
State water quality and water supply programs; and includes meaningful stake holder participation.
The County supports the FAC in encouraging the EPA to conduct a thorough independent scientific
and economical peer review of its proposed numeric nutrient criteria and to modify its rulemaking
accordingly. The County is also requesting that existing (legacy) numeric nutrient criteria from the
Indian River Lagoon, St. Lucie River and the St. Lucie River Estuary be included within this analysis.
Legislative /ssue Recommendation: the County supports the following:
• Development of a"science-based numeric nutrienY' criteria for Florida's waters; and
• Encouraging the U.S. Environmental Protection Agency (EPA) and Florida Department of
Environmental Protection (DEP) to insure that any rule making to promulgate new nutrient
criteria; is based upon a correlated cause and effect relationships between nutrients and
biological impairment; is ecumenical and technically feasible; achieves environmental
benefits; takes into account existing state water quality and water supply programs; and
includes meaningful stake holder participation; and
• Encouraging the EPA to conduct a through independent scientific and economical peer review
of its proposed numeric nutrient criteria and to modify its rulemaking accordingly; and
~ Including existing (legacy) numeric nutrient criteria from the Indian River Lagoon, St. Lucie
River and the St. Lucie River Estuary in this analysis.
5. Pre-Trial Release Proqram
In consideration of recommendations supported by the FAC together with practical experience gained
by the County in its pre-trial release program, the County recommends revisions to the non-monetary
: pre-trial program reporting requirements and the ability of the County to impose pre-trial release fees
in consideration of an individual's ability to pay.
Legislative /ssue Recommendation:
St. Lucie County supports:
• Maintaining County ability to provide non-monetary pre-trial release services that ensure the
safety and welfare of local communities.
• Changing pre-trial program reporting requirements as provided in s.907.043, F.S., from weekly
to monthly updates.
• Legislation that allows counties to impose pre-trial release fees based on an individual's ability
to pay.
St. Lucie County opposes:
• Legislation limiting the discretion of the first appearance judge, requiring presumption of
release on non-monetary conditions, requiring written reports and certification of defendants
for release.
6. Letter of Support to State for Completion of the C-23/C-24 Reservoirs and Storm water Treatment
Areas Proiect
The Board adopted Resolution number 10-158 on May 25, 2010 requesting that Federal and State
agencies appropriate funds and accelerate project completion of the Comprehensive Everglades
Restoration Plans Indian River Lagoon - South C-23 and C-24 Reservoirs and Storm water
Treatment Areas Projects in St. Lucie County. The St. Lucie Estuary is designated an impaired water
body for nutrients and has an established Total Maximum Daily Load which limits the concent~ation of
nutrients entering the St. Lucie River and its Estuary. Construction of the C-23 and C-24 reservoir
and storm water treatment areas is designed to remove 80% of the phosphorus from water entering
the reservoir.
Page 4.
Letter of Support: St. Lucie County is requesting the support of the State for this important project.
7. Letter of Su ort to the State for the Florida De artment of Communit Affairs
The legislature should formally reauthorize t ction~aad h~elpsrtocal governmentslpr serve heCquality of
DCA provides a vital growth management fun
life established in our local comprehensive plans. The legislature should not consider sun-setting
DCA.
Letter of Support: St. Lucie County is requesting the Legislature formally reauthorize DCA.
8. Letter of Su ort - Fort Pierce Farms Water Control District
The Fort Pierce Farms Water Control District (FPFWCD) has requested the County provide the
required letter of support to extend the life of the District, which currently expires in 2017. The Board
of County Commissioners (BOCC) supports extending the life of the District to December 31, 2050, as
referenced in the attached letter to State Representative Adam Fetterman dated November 13, 2009.
Upon the extension of the FPFWCD by the State, the County will enter into an interlocal agreement
with the District to address issues, including but not limited to, providing the BOCC an ex-officio seat
on the District governing board, revising district boundaries and the implementation of the Towns,
Villages, & Countryside Element of the Comprehensive Plan.
Letter of Support: St. Lucie County supports the extension of FPFWCD to December 31, 2050.
9. Letter of Su ort - Creation of a De artment of Juvenile Justice Ex enditure and O erational
Efficiencies Review Team and Uniform State Fundin of Juvenile Assessment Centers.
The Board supports Legislation creating Expenditure and Operational Efficiency Review Team made
up of County and State representatives to discuss and review Department of Juvenile Justice
Operations, as well as alternatives to detention. Staff would recommend that Mark Godwin serve as
the County's review team representative. In addition, the County supports uniform State funding of
Juvenile Assessments Centers throughout Florida to strive to achieve equal treatment of youth
offenders.
Letter of Support: St. Lucie County supports Legislation creating an Expenditure and Operational
Efficiency Review Team and uniform state funding of Juvenile Assessments Centers. The County also
recommends that Mark Godwin, St. Lucie County Criminal Justice Coordinator, be appointed as a
Review Team representative.
Recommendation
Board authorization to submit five Legislative Issue Requests and four Letters of Support to the St. Lucie
County Legislative Delegation, as outlined in this memorandum.
Karen Smith, Environmental Resources Director
Cc: Faye W. Outlaw, MPA, County Administrator Debbie Brisson, Parks and Recreation Director
Dan Mclntyre, County Attorney Marie Gouin, OMB Director
Lee Ann Lowery, Assistant County Administrator
Mark Satterlee, Planning and Development Services Director Mar Godwin~Cr m nal J sticelCoo~dinator
Jack Southard, Public Safety Director
Beth Ryder, Community Services Director
Don West, Public Works Director
William Hoeffner, Human Resources Director
RESOLUTION NO. 10-063
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, SUPPORTING SENATE BILL NO. 218
AND HOUSE BILL 319 WHICH, IF PASSED, WOULD AMEND
SUBSECTION (2) OF SECTION 901.35, FLORIDA STATUTES, TO
REQUIRE THAT PAYMENTS MADE BY A COUNTY OR MUNICIPALITY
TO A PROVIDER FOR CERTAIN SERVICES FOR AN ARRESTED PERSON
BE MADE AT 110% OF THE STATE'S MEDICARE RATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Senate Bil) 218 and House Bill 319 provide that when an arrested person requires medical
attention, but cannot provide for payment, the medical services provider can only recover
from the local government, 110% of the State's Medicare rates for the medical services
provided, not the provider's full fees, unless the medical services provider has an
alternative, written agreement with the local government.
2. The current trend of escalating inmate out-patient medical cost will force St. Lucie County
to reach into its emergency funds in order to pay for those costs at the current hospital
"Billed Rates". Continuing to force Florida Counties to pay hospital billed rates that are
greatly higher than any insurance company, Medicare or Medicaid pay is grossly unfair to
the Counties and their taxpayers.
3. The State Corrections Department tracked their costs both before and afterthe Legislature
capped their inmate hospital costs at no more than 110% of Medicare rates. The State
Corrections Department had similar "Billed Costs" discounts prior to passage of the above
law and their studies showed that after enactment of the law, charges based on the
Medicare Rates were reduced by 69% over the previous billed charges. In 2008, Pinellas
County was billed for $1.2 million for the care of 67 inmates. Using Medicaid rates, the
estimated actual amount paid would have been $77,000.00.
4. If Senate Bill 218 and House Bill 319 were passed, the St. Lucie County taxpayers could
result in a savings of more than $1 million dollars.
5. By passing Senate Bill No. 218 and House Bill 319, the Florida State Legislature would be
giving Counties one way in which they might save some taxpayer dollars.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Sedion
2: This Board supports the adoption of proposed Senate Bill 218 (SB 218) and
House Bill 319 (HB 319).
Sect~ The County Administrator is hereby directed to send a copy of this
resolution to Governor Charlie Crist,the County's Legislative Delegation and
the Executive Director of the Florida Association of Counties.
Sect~ ion 4; This Resolution shall take effect upon its adoption.
FASSED AND DULY ADOPTED this 9th day of February, 2010.
BOARD OF C UNTY COMMISSIONERS
ST. LUCIE TY, F ORIDA
ATTEST:
BY:
Chair
Deputy Cler
•£i~~~. ~',1~~,
tr APPROVE TO FORM A CORRECTNE55:
~y~~'~ ~ i=~~,
, , .
;~,d n
~ _ _ ~
BY•
~ 1 ^ ~7 Co ty Attorn
~,~,}t~~~'J~~.`f~~r~ ~1 ~ ~
y ~ ~ ~ + ~
l's~-/ f"
• ~t~~ . ~lft.ti;, ~'~i ~s
6' ~~`4
~ri , . .u ~r~'~ ~
~a
y. `
RESOLUTION NO.10-292
A RESOIUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, SUPPORTING LEGISLATION TO
IMPLEMENT COST-EFFECTIVE, CLEAN AND RENEWABLE ENERGY
PORTFOLIO STANDARDS (RPS) IN THE SUNSHINE STATE,
WITH MEANiNGFUI OPPORTUNITIES FOR DISTRIBUTED SOLAR
AND OTHER PREFERRED RENEWABLE ENERGY TECHNOLOGlES.
WHEREAS, the Board of County Commissioners of St. lucie County, Florida, has made the
following determinations:
1. Florida has an abundance of clean and renewable energy (RE) sources that provide an
opportunity for cost-effective energy solutions, economic development, and significant
savings to taxpayers and rate payers alike.
2. The clean energy economycan help fuel much needed economic recovery, produce g~eater
efficiencies and energysavings, create jobs in the hardest hit job sectors, and foster private
sector investment in clean industry, high paying manufacturing jobs and research and
development activities.
3. According to the experts hired by the Florida Public Service Commission, the Top 3 most
technologically-viable RE alternatives in Florida are: (1) Solar PV (photovoltaic); (2) Offshore
wind; and (3) Biomass. Solar thermal technologies are also very cost-effective
and have potential widespread application. (Reference Navigant Report, p. 189)
4. Florida currently imports all of the fossil fuels used to generate eledricity in the state and
consequently exports about $15 billion annually. Instead of outsourcing jobs and capital,
the Legislature should adopt an RPS a~d help provide the opportunity for people and
entrepreneurs to reinvest in preferred renewable energy technologies.
5. An RPS requires states to procure a percentage of generation from renewable energy. No
two programs are the same and each state must develop appropriate programs to meet
state-specific needs and capitalize on all available local resources - most notably the Sun
in the Sunshine State.
6. As of June 2010, mandatory RPS policies have been passed in 31 US states and the District
of Columbia, with six additional states approving conditional or non-mandatory renewables
goals.
7. Because of the tremendous solar energy potential in the Sunshine State, a
specific emphasis should be given to Solar technologies and private sector investment
therein.
8. According to the United States Department of Energy (DOE), those states that have
adopted an RPS have seen little change in utility rates. In fact, seventy percent (70°~) of the
states with an RPS experienced less than 196 change in utility rates. Texas experienced a
rate decrease. (Reference DOE Study)
9. An RPS is a market mandate for cost-effective renewabie energy alternatives through
competition, innovation and economies of scale. By opening up the clean energy economy
to private investors, average citizens, business owners, and even local governments, the
State of Florida can harness the powers of capitalism and foster the entrepreneurial spirit
of our nation.
10. Energy independence promotes national security.
11. Renewable energy will promote environmental stewardship and reduce greenhouse gas
emissions.
12. On June 25, 2008, Florida Governor Charlie Crist approved a wide-ranging energy bill that
intends to advance energy efficiency and renewable ene~gy within the state while cutting
the state's emissions of greenhouse gases. House Bill 7135 required the Public Service
Commission to develop rules for a renewable portfolio standard subject to future
legislative ratification.
13. In 2009, the Florida Public Service Commission recommended an RPS to the Florida
Legislature. Although the Legislature did not enact an RPS during the 2009 Legislative
Session, there is continuing interest in opportunities to encourage the expansion of
renewable and clean energy production in Florida.
14. The Public Service Commission recommends an aggressive RPS that ~equires each investor
owned utility (IOU) to achieve 20 percent renewable energy by 2020. This aggressive
standard is intended to protect existing renewables and spur new renewable developers
to enter the Florida market by establishing a long-term dedicated market for renewable
energy in the state.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Sedion i: The Board of County Commissioners of St. Lucie County hereby encourage
the Florida State legislature to implement a Renewable Energy Portfolio Standard.
Section2: TheCountyAdministratorishe~ebydirectedtosendacopyofthis resolution
to the Count~s Legislative Delegation, the Executive Directo~ of the Florida Association of
Counties, and the Director of the Florida League of Cities.
Sedion 3: This all become effective upon adoption.
$ ~ - ' ~C~l
PASSED ANO ay of November, 2010.
G ~ s,~ , ~ o ,
~
} f ,~~~~r K~~ BOARD OF COUN ' CO MISSIONERS
ATTEST: r.;' - ~ S
T. L U C IE C FL IDA
# ' r -
' ~ BY:
Deputy Clerk ~ ~ ~ Chair
APPROVED AS TO FORM AND
CORRECTN S:
BY:
Coun Attorne
Resolution 10-158
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
REQUESTING THAT FEDERAL AND STATE AGENCtES
APPROPRIATE FUNDS AND ACCELERATE PROJECT
COMPLETION OF THE COMPREHENSIVE
EVERGLADES RESTORATION PLAN'S INDIAN RIVER
LAGOON-SOUTH C-23 AND C-24 RESERVOIRS AND
STORMWATERTREATMENT AREAS PROJECTS IN ST.
LUCIE COUNTY.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The St. Lucie Estuary and Indian River Lagoon are one of the most bio-diverse ecosystems
in the United States, and a healthy estuary provides immense socioeconomic benefits to
the community, and as such, is the economic (ifeblood of Martin and St. Lucie Counties.
2. The North Fork of the St. Lucie River wa~e esiu suant toARulet62-302.700' F.A.C?and is
designated an Outstanding Flonda Wa p
detrimentally affected by high nutrient discharges from the watershed.
3. The Florida Department of Environmental Protection has designated the St. Lucie Estuary
an impaired water body for nutrients and established a Total Maximum Daily Load which
limits the concentration of nutrients entering the St. Lucie River and Estuary.
4, Drainage from the C-23 and C-24 drainage basins contain the highest levels of nutrients in
the watershed, which continue to d m p~~ t Lo dtin he Et uary una hie able conditions
such that meeting the Total Maximu Y
5. The Comprehensive Everglades Restoration Plan's Final Indian River Lagoon-South Project
Implementation Report and Environ ee~esi In d to remove 80% of the phosphorus f om
C- 2 4 S to r m w a t e r T r e a t m e n t A r e a s a g
water entering the reservoirs.
6. The Comprehensive Everglades Restoration Plan's Final Indian River Lagoon-South Project
Implementation Report and Environmental Impact Statement also state that the Indian
River Lagoon ecosystem will continue to deteriorate and are in imminent danger of
ecological collapse if the plan is not implemented.
7. The South Florida Water Managemen aDisets~ ~ated 1,300 acres ne'ed d toa completetthe
for the C-23 and C-24 projects with
South Reservoir and Stormwater Treatment Area land acquisition.
8. The South Florida Water Management District has compieted land acquisition forthe North
Reservoir and Stormwater Treatment Area therefore the U.S. Army Corps of Engineers can
advance the project schedule and initiate design and construction prior to 2020.
9. The St. Lucie County Board of County Commissioners continues to support Everglades
Restoration AND restoration of the lndian River Lagoon and St. Lucie Estuary.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2: This Board requests that the U.S. Army Corps of Engineers and South Florida Water
Management District make completion of the C-23, C-24 projects a regional
priority, accelerate land acquisition, design and construction and complete the
projects earlier than currently scheduled.
Section 3: The Chairman of the Board of County Commissioners of St. Lucie County is
authorized to present this resolution to the South Florida Water Management
District Governing Board and leadership of the U.S. Army Corps of Engineers and
to conduct meetings as appropriate to further the C-23 and C-24 projects.
Section 4: The County Administrator is hereby directed to send a copy of this resolution to the
St. Lucie County Congressional Delegation, and the Executive Director of South
Ftorida Water Management District, and the commander of the U.S. Army Corps of
Engineers Jacksonville District.
Section 5: This Resolution shall take effect upon its adoption.
PASSED AND DULY ADOPTED this ~5 day of May 2010.
ATTEST: BOARD OF COUNTY CO MISSIONERS
ST. LUCI~.~CO1~~11~ Y, FLO IDA
BY: ~ ~
EPUTY CL .1~, CHAI
; , -
">,~z,:;~ _*d~Kt~ - -
'~;:~.~_'.:g.:r~r = = ~
~d., _ = - _ ~
'r'~.:'=~'C.~ . ~ ~
,.,.;il:.~??~;~za~~, d APPROVED AS TO LEGAL FORIV4 AND
;..'r ~ k.. ~ - 7~
€~r~;~~ ` ' CORRECTNESS:
4.. ! n,~~,~;,. F ' ~
~4e'~
ii~{}c,'+;'Za'fs' 5~
~t * 7~~
t~~~~~~ , a
, `t /ti-f~ COUNTY ATTORNEY
C~~~E ~Q~~
w
~
• •
, - . ~ •
~
f
~~~d ¦ ~ ~ ' ~ \r - r f, 2 r T r-«--r -a~'- . 'c , ~a ~a~~,..
n ~an
- ,.zti ~,a ; .
_ ' _ , '~,r """a ` ~q L ~s~`~-~ C~ B~
a_; r~ .
' 1. C-44 Reservoir East
;~~~,,r .?i~. - 2. C~4 Stormwater Treatment Area ( 1
f,~~ ~ 3. C-44 Stormwater Treatment Area (West)
Y F~- ~~a v' A;~ 4. Paimar Complex - Natural Storage and Water Quality
~ s~`~~€ -~.~st ; r
, :
~ut~~~.~ ~z r ~ r Area
~ ~ ~
I r jY ~'y ' ~ C-23/G24 Basins
- fi'~~- ~ h~~ 5. G231C-24 - North Reservoir
K i.~. ; ~t~~ ; ~
~ - 6. C-231G24 - South Reservoir
t€~ 4 e and Water
~ J' 7. C-231G24 - Sto ie WaNaturai S orag Area
3 , ~ 8. AllapattahComp
~ - 4+~ r.~} ~ , Quality Area
` ~ 5 . ~ 9. CYP~ess CreeklTrail Ridge Complex - - Natural
; ~ ~ t v
~K'~t.,, : ~ a , ~ ` h w _ Storage and Water Quality Area
rp. 1 'q wy~~ ~ ~
z~ _ G25 North Fork 8~ South Fork Basins
` ~ ~ ~ ~ 10. G25 Reservoir
~ . : = ~ ~
11. C-25 Stormwater Treatrnent Area
" ` ~ ~.,-•3 ~ 12. North Fork Natural Floodplain Restoration
~ ,t~ 13. Muck Remediation & Afificial Habitat
~ ~ -
4.:. J
'~y ~ ~ ' ' ~ ~ ~ ~ _ Reservoir
j. . ` ~ ~
~ ~ 4~ ,i - ~ { • - Stormwater Treatment Area
~ i- ' _ Natural Storage 8~ Water Quality Area
E' ~i, . ~ - ~ ~ -
_
:r~ , : 3 ~ ~ ~
~ ''2 ~ x
, ~ ~ ~ ~ ~ y -""w" t., F~ ~ ~ ,
~ t ' S -,+„"3 ;-2A .
-G~ " ~ ~ ~~~t f~~p
, ~ . ~ n.~'~ ~ "M.t 1 k.±~ T l.yi
. . iT ~ . _ . . :'s
~ ~ .
aOARD OF ~
COUNTY • PAULA A. LEWIS
COMMISSIONERS . _ _ . ' ' ' ' ~
. . COMMISSIONER
November 13, 2009
Honorable Adam Fettermnn
Chair
St. Lucie County Legislative Delegation
121 S.W. Port St. Lucie Boulevard
Port St. Lucie, Florida 34984
RE~ Fort Pierce Farms Wcter Control Dist~ict - Proposed Specinl Act
Dear Representative Fetterman:
The Fort Pierce Farms Water Control District ("District") has requested the Board of County
Commissioners of St. Lucie County to provide a letter of support to extend the life of the District
which currently expires in 2017.
On behalf of the Bonrd of County Commissioners of St. Lucie County, Floridn, plense note that,
contingent on the County and the District entering into an interlocal agreement prior to Morch 2, 2010,
the Board of County Commissioners supports the passage of c special act that:
- extends the existence of the District until December 31, 2050;
- grants the District the authority to implement the flow way ns described in the towns,
villages and countryside element (NC) of the County's Comprehensive Plan with the
consent of the County as outlined in an interlocal ugreement;
- provides that the Board of County Commissioners has the right to appoint a member of
the Board of County Commissioners os on ex officio member of the District Board;
- provides for the revision of District boundories,
If you have any questions, pleose let me know.
Sincerely,
• .
Paula A. Lewis
Chair
PAL/caf
Copy to: Members of St. Lucie County Legislntive Delegation
Board of County Commissioners
County Administrator
County Attorney
Public Works Director
CHRIS DZADOvSKY, Distrlcr No. 1• DOUG COWARD. Dlsrricr No. 2• PAULA A. LEWIS, Disrna No. J• CHARLES GRANDE. Disrncr No 4• CHRIS CfiAFT, Disrricr No. 5
2300 Virginia Avenue • Fort Pierce, FL 34982-5652 •(772) 462-1406
wwwsr~ucieco.org
FEE, DeROSS & FEE, P•L.
ATTORNEYS AT LAW
An A~lialion of Projessiaial Associalions
SINCC 1905
426 AVENUE A FRL•D FI:G (IS88-1939)
FRANK H. ~EE, ill FRANK FEF. (i913-1983)
FRANKH.FIi6, rv FORT PIERCE, FLORIDA 3~954
7'ELEPHONE
orr~e ~ r-~ee, }~.L. ~772) 461-5020
]OSEPH 3. DeROSS, ~a. POPPELL FIOUSE TELECOPILR
of JOSF.PH J. DeROSS, ~R., P.A• A Designaled Historic Properl~~ ~772~ q68-8461
l~'ritcr's E-Alail
ffee a feederossfee.com
November 30, 2010
Ms. ~aye W. Outlaw, MPA
Count~~ Administcator
2300 Virginia Aventie
Fort Pierce, FL 34982-5652
(via mail and email to Outla~t~F a st[ucieca.or~}
Re: Fort Pierce Farms Water Conh•ol District ("District"}/Legislative Requests
Dear Ms. Outlaw:
As Attorney for the above District, I wisli to express thanks for your meeting with myself,
Rob Johnson, Board President, and Tom McGowau, District ~ngineer, onNovember 9 regarding tlie
need of the District for legislation to extend its life beyond the next few years as established by its
original Court approved, Charter. Our meeting with you ~vas preceded by a meeting with other
senio~~ staff ~nembers who expressed willingness to suppoi~t tlie efforts of the District. We look
for~~~ard to meeting rvith your Coinmissioneis at their convenie~ice to answer any gi~estions a~ly of
them l~ave. You indicated you would advise tl~e appropriate time to speak to Commissioners .
I ti~vish to report that our representative has atso met with Representative Mayfield whose
district comprises the area of St. Lucie County where tlle District is located. She has kindly agreed
to sponsor the requested legislation extending the life of the District so that it may continue to
maintaiu its water control system for the foreseeable firture and to cooperate and assist the County
in the development of flow wa}~s serving the To~vn, Village a~id Countiyside Plan when eventually
de~~eloped. Representative Mayfield made it clear that her v~~illingness to sponsor our legislation is
conditional upon St. Lucie County, through its Boacd, confirming expressly that there are no
ITEM NO. VII-A
DATE: 12/07/10
~
~ • ~ . AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( X )
LEG. ( )
QUASI-JD ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Jeffrey Johnson
SUBMITTED BY: Planning and Development Services Senior Planner
Department
SUBJECT: Conditional Use Permit approval for the MCZ/Centrum Citrus Farms, LLC Mine.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: June 17, 2010 - Planning and Zoning Commission continued the request to the
August 19, 2010 Planning and Zoning Commission meeting.
August 19, 2010 - Planning and Zoning Commission recommended the Board
deny (5-1 vote, Stephanie Morgan dissenting) this petition.
RECOMMENDATION: Board approval of Resolution No.10-102 granting a Conditional Use Permit for a
sand and coquina rock mining operation, as outlined in the agenda memorandum.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
OTHER Motion to continue to February 1, ~'-~f~
2011 or as soon thereafter as Faye W. Outlaw, MPA
possib~e. County Administrator
~ Coordination/Sianatures
County Attomey ( X) C~ County Surveyor ( X) ~j~,
Daniel S. Mclntyre Ron Harris
County Engineer (X ) fl~~`~ ERD ( X)
Michael Powley ! n Smith
Ori inatin De t. X ~ OMB
9 9 P ~ ) ( )
Mark Satterlee Marie Gouin
Purchasing ( )
Melissa Simberlund
Planning and Development Services
Planning Division
~
~ , ~ , MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Directo~
Kara Wood, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: December 7, 2010
SUBJECT: Conditional Use Permit approval for MCZ/Centrum Citrus Farms, LLC Mine
ITEM NO. VII-A
Backqround:
The subject petition is for a Conditional Use Permit to allow a sand and coquina rock mining operation
on approximately 1,220 acres within the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District. The
proposed mining operation is located on the north side of Orange Avenue, between Minute Maid
Road and the C-24 Canal.
In conjunction with the application for a Conditional Use Permit, the applicant has applied for a Mining
Permit, which is scheduled for consideration following this item. A recommended condition of approval
for the Conditional Use Permit is that prior to any mining activities occurring on the property a Mining
Permit shall be obtained. All activities authorized by the Mining Permit must be consistent with the
approved Conditional Use Permit, or a modification to the Conditional Use Permit is required.
The proposed mining operation may be authorized upon the Board's approval of a Conditional Use
Permit pursuant to SLC Land Development Code (LDC) Section 3.01.03(C)(7)(i), Mining and
quarrying of nonmetallic minerals, except fuels. As depicted on the site and mining plan, the applicant
proposes a Class II Mining Permit to excavate sand and coquina rock within a 562.2 acre area on the
parcel over a 20-year period.
The subject property and surrounding lands have been utilized for agricultural purposes over the past few
decades. Access to the mine will be provided via 24-foot wide haul road. There will be two maintenance
structures totaling 10,650 s.f., a 15 acre outdoor storage area for equipment and vehicles, a 630 square-
foot scale house, and a 27.4 acre stockpile area located near the front of the parcel The closest single
family residence to the mine lies approximately 225 feet on the west side of Minute Maid Road.
At the August 19, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning
Commission recommended denial of the request by a vote of 5 to 1(Stephanie Morgan dissenting).
Two truck haul routes (Orange Avenue and Sneed Road) along with their impacts were reviewed and
discussed. Most area residents at the meeting primarily voiced concerns regarding the use, safety
and maintenance of Orange Avenue.
Board of County Commissioners
Conditional Use Permit Request - MCZ/Centrum Citrus Farms, LLC
December 7, 2010
Page 2
The County has long requested assistance at both the state and federal levels to aid roadway
improvements for Orange Avenue. This arterial has served as major east-west arterial in North
County, and is of vital importance to citrus growers and ranchers alike. With the understanding that
Orange Avenue is need of improvements, the applicant has offered further assistance to the County in
its efforts to re-construct Orange Avenue from their west property line to the intersection of Orange
Avenue and Kings Highway. The applicant has agreed to contribute at no cost to St. Lucie County,
sufficient soil and base rock in order to widen the existing of travel lanes and provide shoulders, and
replace three culverts as outlined in the mining permit.
Staff has determined that the proposed Conditional Use Permit meets the County's Land Devetopment
Code standards of review for a Conditional Use Permit as set forth in Section 11.07.03. On August 19,
2010, the Planning & Zoning Commission recommended denial of the petition (5-1 vote, Stephanie
Morgan dissenting).
Recommendation
Board approval of Resolution No.10-102 granting a Conditional Use Permit for a sand mining operation,
as outlined in this agenda memorandum.
e - •
BOARD OF COUNTY COMMISSION ~ _ _
Hearing Date: Conditionai Use Permit 0 AGENDA ITEM NO.
December 7, 2010 for a Mining Operation in VII-A
AG-5 Zoning
GM File Number
CU 220081426
cu-22ooe~a2s
IiCant MCZJCentrum Citrus Farms, LLC
7 { 1 s a 3~,1~-
t: { .fi . ~
MCZ/Centrum Citrus Farms, LLC ~ - ~ ~ - ~ ~
I''~'3_ ~ .g~, J a =F~ICd. ~ ~ }
rlVDBISI LOCat/OI) ~ y+~I- ~~W STA ~ g -
u~~~ r [~3 ~ .
North side of Orange Avenue, - , ~
~ '
between Minute Maid Road - ~,v _ ~ -
~ ~
and the C-24 Canal. - ~F~, . ~ _ ~ ' _
°y . .
1 RIKiDILG1.~,
Land Use & Zonina ~ ~ ~'r " ~ ~
~ _ ~ ~
Both are AG-5 (Agricultural-1 ~ ~ ~ ~ ~ : - ~
dwelling unit per 5 acres) ~ - , ~ i t . ~
,
~ r,;_ ~ . ~
;s , s ~r, ~
Staff Recommendation ~i ~ ~ Y ; - = ~ . _ `
Adopt Resolution No.10-102 , S 3 `~4 ; ~ , ~ ~ ~
~ ~-~n ~ .
granting approval, as ouUined in ' _ 3= =
~ .
the staff memorandum. ~ ~ • , ~ • _ ~
~ - ~
. r ~ . ~ - ~ ~~3(" ~ ~ ~
Previous Action ` . . = - : - - ~ _ -
August 19, 2010 - Planning & ~~~t PfO~~ ~ r,~ N
Z o n i n g C o m m i s s i o n n. ^otification area ~rial flown Jan. 2009 ~~~w xo,o A
recommended denial of the
Conditionaf Use Permit (5-1,
vote). Location: North side of Orange Avenue, between Minute Maid Road and the
June 17, 2010 - Planning & C-2a4 Canal.
Zoning Commission continued project Description Recommended Action
ttie request to the August 19,
2010 meeting MCZ/Centrum Citrus Farms, LLC is
requesting a Conditional Use Permit to adopt Resolution No.10-102 granting
Proiect StaR pproval, as outlined in the staff
Jeftrey Johnson allow for the removal of sand and rr~emorandum.
Senior Planner coquina rock on 1,219.4 acres located
772-462-~ 580 north of Orange Avenue, between Notice Requirements
johnsonjQstluaeco.org Minute Maid Road and the C-24 Canal.
The proposed conditional use can be Public hearing notice was placed in the
authoriied under the provisions of SLC St. Lucie News Tribune, letters sent to
Land Development Code (~DC) property owners within 500 feet of the
Section 3.01.03(C)(7)(i), Mining and subject property, and a sign placed on
~ quarrying of nonmetallic minera/s, the property.
except fuels.
~ = Neighborhood Meetings
T„~~e _ ~ The applicant proposes to excavate
~ 2.2 million cubic ards over a 20 ear
G~°ZS- y y The applicant conducted two (2)
~ " period. A mining permit is being neighborhood meetings this year (Apnl
m~ processed concurrently through the 22 and July 13) on the subject property.
~ ~ ~ ~ County's Engineering Division. All
~ ~ ~ activities authorized by the mining Further details are found in the
permit must be consistent with the attached memorandum and staff
proposed Conditional Use Permit. ~~rt,
A
Resolution No. 10-102
File No.: CU 220081426
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO
ALLOW FOR A MINING OPERATION (SAND AND COQUNA ROCK) IN '
THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT
FOR PROPERTY LOCATED IN ST. LUCIE COU FLORIDA.
WHEREAS, the Board of County Commissioners of: cie County, Florida, based on
the testimony and evidence, including but not li ` e staff report, has made the
~
following determinations:
~a; ~r:~
1. MCZ/Centrum Citrus Farms, LLC ~~ented a petitid~~r a Conditional Use
c 'a'.-.. .
Permit to allow for the operation o~~!Class 2 Mining Op n to be known as
MCZ 1200 Acres, in the AG-5 (Agnc~al - 1 d~l5 acre) ~ District for the
property depicted on the ~ttached ma{~ ~ E.,~~" "A" and de ed in Part B
„
below. ~
2. On June 17, 2010 the St. L~~ia~~ C~ Plannm~~~rad Zoning Commission held a
public hearing on the petition, ~er pu ,,g notr~~t least 10 days prior to the
hearing and n ~~r mail a~~~rners ~ rty v~in 500 feet of the subject
property an~ ~tinue~~e meeti~~tc~~. `~Au ;~9, 2010 Planning and Zoning
Commissiort ~eting. ~
3. On ; ~ 19 2~;,~~,~ng ar~~oning Commission resumed the public
X:... '
~com~ed t~~~ B~ of County Commissioners deny the
~'~inafter ~~ed r~est for a~C~itional Use Permit Approval in the AG-5
icultural, 1 Y~~~cre~;~ning Dist~ict for the property described in Part B.
s
~ z~ .
~ rti ;
. t.~
4. On ber 7, 2~~ this `~rd held a public hearing on the petition, after
publishii~~yynotice o~- ch hearing and notifying by mail all owners of property ~
within 500` of the ject property and heard and considered testimony of the
proposed co~n~~ie.
5. The proposed Col'~itional Use Permit, with the conditions therein, is consistent
with the goals, objectives and policies of the St. Lucie County Comprehensive
Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie
County Land Development Code.
6. The applicant has received a Certificate of Capacity, a copy of which is attached
to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land
Development Code.
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 1
FINDINGS OF FACT
~
Based on the evidence presented and also based upon the inclusion of the conditions
of approval as set forth below in this resolution, the Board of County Commissioners
finds as follows:
A. The proposed project is consistent with the goals, objectives and policies of the
Future Land Use Element of the St. Lucie County Comprehensive Plan, and
meets the technical requirements of the St. Luci~z\County Land Development
~
Code. , ~k ;
>
B. The proposed project will not have an j~~.~dverse effect on adjacent
property, the character of the neighbor~ ; an~ :~her matters affecting the
public health, safety, and general wel
C. All reasonable steps have been y to minimize any ~rse effect on the
proposed project on the immediate ; thro building ~n, site design,
landscaping and screening # m~ ~ ~
<
, ~ ,N ,
s ~
D. The proposed project is ~~ted, arra and operated so as not to
interfere with the developm~ ar~ of nei ing property, in accordance
sa
with applicable district regulati~. ~ .
a` .;o. "d~ \
. aF~ a~ a~.> ; h~ a,.
~ ~ a'~
~ NCL
` ~
~~~m.. ~ . ,
NOW, THEREFORE~~ ~ IT R~~k OLVED b~.~he Board of County Commissioners of
4,:..
St. Lucie C.,p Flori g' a, ~t~he f~~gs of fact set forth above, makes the
t,€ ~ .
followin ~of la ~ f ~ ~
~ C~ Y~
J' d~. Y ~ A ~M .
~k ~ ' ~ k ~
~ ~ ~
' ai .A4'.'~.} ~ 'a.&:,
A. uant to Se 11. of the S~: Lucie County Land Development Code, a
C" ','onal Use it to , for the operation of a sand and coquina rock
mine,
`w.be knownbM e`~~VICZ1 ' trum 1200 Acres, in the AG-5 (Agricultural - 1
-
du/5 a` oning Di~t, at the location described in Part B, and depicted on
the map `~A` ~hed a~~xhibit A, is hereby approved subject to the following
conditions: ~ f
?
1. The mining ac~'ities on the property described in Part B shall consist of the
limits of the mining activity, as generally depicted on the drawings prepared
by East Bay Group, Inc. dated November 18, 2010, and date stamped
received by the St. Lucie County Planning and Development Services
Director on November 22, 2010.
2. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation
Removal Permit or Exemption, whichever comes first, the applicant shall
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 2
i
~
i
provide the required Environmental Resources Department-approved
Preserve Area Monitoring and Management Plan (PAMP) affidavit, and a
cashier's check, payable to the Clerk of the Court for the appropriate PAMP
recording fees, to the County Attorney for review and approval.
3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall have obtained and provided the Environmental Resources Department
with all required federal and state permits and approvals, including but not
limited to the Environmental Resource P rmit, South Florida Water
Management District Water Use Permit, US Corps of Engineers Section
404 Permit, US Fish and Wildlife Servi roval, and St. Lucie County
mining permit. If federal or state agen 'ance requires modification to
the mining plans or implementation 'se ' n measures, the applicant
will promptly modify the plans an it to St. 'e County for review and
approval. The County's develo approval sh t prevent compliance
with any federal or state agenc uirements. ~
~ =
~a~.. ` <w~,
4. Prior to release of the Pre-Mining b' ~ all~~~ive exotic K tation located ~
within the conditional ° rea shall b `d (LDC Sectior~, ''09.05).
` x ~ i
~P.
5. Prior to issuance of a V t emoval~~rnit or Exemption, if more than
w.~t>«.x
one year or nesting seas as d sinc~~ most recent listed species
surveys we; ucted in` orda h ap riate state andbr federal ~
protocol ~ rveys s b the crested caracara, as well I
as any r listed' cies fo ~ the s'~ ' or federal government have
required u;h`:.,ed su s. Su should be conducted in accordance with
a ro riate .~#ederal tocols, and documentation of survey
~ nd s"~~ pr ed to the Environmental Resources
$~~~7 epart s w H the a-~ 'a state and/or federal agencies. In the I
event that plic ~btains w~`ten documentation from the US Fish and
- x
~ dlife Servi r fec~~ll~y-listed species or the Florida Fish and Wildlife ;
ervation C a issio~ ,~r state-listed s pecies, indica ti n g t h a t u p d a t e d ~
su will not b quired for this project, this condition of approval will be ;
consi addres . j
r~. ~
6. Within 90 ` m ~`r the commencement of mining activities, landscaping
shall be ins ` as s hown on the approved Landscape Plan. The
Environmental ~Resources Director may extend the time period for planting up
to an additional three (3) months, if additional time is needed to complete ~
landscape installation.
December 7, 2010 Resolution No. 10-102 ~
File No.: CU 220081426
Page 3
7. Within 90 days after receiving conditional use approval, the applicant shall
convey the required road right-of-way for Minute Maid Road to St. Lucie
County. Manner and form of conveyance shall be acceptable to the County
Attorney. The sketch and legal description shall be prepared by a Florida
licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie
County Land Development Code, the applicant may be granted credits
against their road impact fees.
8. Within 60 days after receiving conditional us :.approval, the applicant shall
execute an agreement to pay a fee-in-lieu V nstruction for sidewalks or
multi-purpose paths in the amount of $83 0. Before commencement of
mining, the applicant shall remit to the, he foregoing required funds.
The acceptable method of payment`, _ ~~be , ified check payable to St.
Lucie County. A copy of the s rd "Agre Y' can be obtained by
visiting the St. Lucie Coun:~' w blic Works rtment website at:
http://www.stlucieco.qov/public~ ` ~ks/index.htm. °`~4`~
9. Prior to the issuance o a right-of ~ " a~he applicai`~~iall execute a
° t: s
Road Improvement A nt with S~:<;:, County and sub~iiit a surety for
the proposed public ents (ri~~~ ~nd left turn lanes at project
entrance). The amount u`~" all be 1~~ of the engineer's estimate of
probable cost. The am # o` shafF~x~„ approved by the County
Attorney. ~~,~f the sta rd "A t" c~~e obtained by visiting the
St. L _ ~ ` P ~ , : : ~ ~
~ ~y ~ or ~epartment website at:
http://wvii~ s~tlucieco`~ar/public ' /index h~r~t.
- w n.:
x
10 P~~r ~o comrr~r~~~ing o tion on the property, the applicant shall
~ ~F ~ _ M ~ ~ .
to an ;~d ing Permit from the St. Lucie County
'~`~ublic V1~` ep~~ent thaf~4 ~sistent with the Conditional Use Permit
~~}.~ievelopmen , er ar`t~ ~ections ~:06.00 and 11.05.11 of the St. Lucie Land
~~relopment , ~
~ .
11.The` rs of op k ion shall be 6:00 a.m. to 6:00 p.m., Monday through
Saturd` ' cludi ~~elated on-site activities such as loading, stockpiling and
processi~ c~,~F~~~e hours of operation for haul trucks entering and leaving
~ ~
the site sh < "om 7:00 a.m. to 5:00 p.m. Monday through Friday. No
operations sh~A~ ake place on holidays (as observed by St. Lucie County).
12. There shall be no stacking of vehicles in the public right-of-way.
13. There shall be no blasting permitted within the mining operation.
14. Prior to commencing the mining operation on the property, the applicant shall
be required to construct, to St. Lucie County Standards, the haul road
improvements in accordance with the approved plans.
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 4
i
15.Access to the mining operation shall only be from Orange Avenue and the
approved haul road. No mining vehicle shall be allowed to utilize Minute Maid
Road.
16. A sign identifying a contact person and their phone number in case of
emergencies shall be posted at a location along the haul road near Orange
Avenue, where the public can view the sign.
17. If prehistoric or historic artifacts, such as p,,'._~~~-:~`' or ceramics, stone tools or
metal implements, or any other physical;~,_ ~A;,_,''VAins that could be associated
with Native American cultures, or earl -"~`'',.I or American settlement are
encountered at any time within the ~'t ~,~.~rea, the permitted project
should cease all activities involvin ~urface rbance in the immediate
vicinity of such discoveries. Th ittee, or oth`~~~esignee, is required to
contact the Florida Departme ' State, Division t~~,istorical Resources,
Review and Compliance Sectio .~.y
~
18. Within 90 days after the ~ommencerr~~~ ,~ing permit ac~~es, the six (6)
foot high berms shalF ~~~stalled in ' ance with approVed plans and
specifications. ~ `y ~a ~
19.If the minin o eration c~eeds ~ ~~xtrac
fi~ or consumption of water
thresholds~ ~~n Sectio~°~~8 24, ~;~,~rida~tutes, all operations shall
cease ~ dea~ gination ed the Florida Department of
Commu ~~,Affairs i atmg th~~ propose~operation is not subject to the !
requiremen~~f Ch r 380, Fr~a Statutes or the operation is approved ~
p~~nt to th~ of Re '~al Impact provisions set forth herein. ~
` ¢ ;
~~~1~/ithin 9~ ~s a r eceivin~ ditional use approval or mining permit
~pproval, the~lica ~ II enter into a Proportionate Fair Share and Impact
~ Credit Ag ~ ent he roadway improvement costs located at the
Kii~ Highway a~ .ange nue intersection.
; x;
~ ,
1~ ~
21.Electnc~~ps sh~cbe utilized for dewatering. There shall be no diesel or
gasoline ~r~^~mps operated for this purpose (except as back-up to
electrical u ` ~ ~ ` '
p ~~nng an emergency).
22. Water trucks shall be used on a regular basis to wet the haul road and stock
piles to minimize dust.
23. Prior to commencing the mining operation, soil tracking prevention devices,
designed and constructed per Florida Department of Transportation (FDOT)
regulations shall be installed prior to egress onto Orange Avenue that shall
remove excess materials from the tires and under the carriage of a haul truck.
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 5
24.A11 truck traffic associated with this project shall use Orange Avenue as a haul
route that is in accordance with the approved Mining Permit.
B. The subject property is described as follows:
PARCEL A
THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST
LESS AND EXCEPT THEREFROM THAT PRO RTY CONVEYED TO THE
FLORIDA STATE TURNPIKE AUTHORITY BY NTY DEED RECORDED
IN O.R. BOOK 52, AT PAGE 92 OF THE C RECORDS OF ST. LUCIE
COUNTY, FLORIDA AND LESS A ' PT THEREFROM THAT
PROPERTY CONVEYED TO THE L SOUTHERN FLORIDA
FLOOD CONTROL DISTRICT BY NTY RECORDED IN O.R.
BOOK 56, AT PAGE 581 OF THE C RECORDS '.ST. LUCIE COUNTY,
FLORIDA, AND THE EAST 3/ OF „ TION 5, AND THA ~ RT OF THE EAST
3/ OF THE NORTH '/Z LYING NO ~ OF O NGE A E EXTENSION
(STATE ROAD 68 A/K/A TATE ROA ,~,~~~2 ~"SECTION ~~~~WNSHIP 35
.,a1, 3
SOUTH, RANGE 38 EAS
y~"wy,~ ~
PARCEL B ~ ~
_
zA~~
ALL THAT PQ~C~~ OF TH EST 'r~ HE ~TH %2 OF SECTION 8,
TOWNSHIP~~I~~~~2ANG , L~ ~AST OF THE CENTERLINE
OF MINUT~ , ID RO~~ AS T AND USE, AND ALL OF THAT
PORTION OF WE~"`;'/4 OF, L THE NORTH 1689 FEET THEREOF OF
SEC 5, TO ,{~~~~~'~UTH, NGE 38 EAST OF THE CENTERLINE
~ ' ID A~'~~U D IN USE.
~ s: x~ .
a g '
~ ~ ` ~
~ ,
Y ~ CEL C ~ ~ 1 ~
~ . ~
ALL~E ..T PORTI OF ~ NORTH 1689 FEET OF THE WEST '/4 OF
SECTI~;;: , TOWN 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE
CENTER~ OF M.~,,, = TE MAID ROAD AS PRESENTLY MAINTAINED AND
USED. ~ ~
h~•~ M.
~e~~
~ w~
C. The approvals an~~uthorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County.
D. The approvals and authorizations granted by this Resolution shall expire on
December 7, 2011, unless a Building Permit or Certificate of Zoning Compliance
is obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 6
E. The Certificate of Capacity, a copy of which is attached to this Resolution, shall
remain valid for the period of conditional use approval. Should the conditional
use approval granted by this Resolution expire or an extension be sought
pursuant to Section 11.07.05(F) of the St. Lucie County Land Development
Code, a new certificate of capacity shall be required.
After motion and second, the vote on this Resolution was as follows:
' Chairman Chris Craft XXX
~
Vice-Chairman Chris Dzadovsky XXX~~,~ "
r ~
a~ m
Commissioner Tod Mowery
~
;;r n
Commissioner Paula Lewis ~ ~CCXX
Commissioner Frannie Hutchinson ' ;?CXX
~
PASSED AND DULY ADOPTE ,~7th day of "~a ` er, 2010.
~ ~3
S; ~
Y~~, %~xE
f "x~'~~' ` ~
6 D y NTY ~~~IIMISSIONERS
; ` " ~ ST , IE C FL(~~DA
` } Y
^F
r
'BY
- ~
~:~hairman
. :
4.
~
, ~ ~
; ATTES~`~ , AP~1'~OVED AS TO FORM ~
5 AND CORRECTNESS:
,t:,
~
~ DEPUTY CLERK COUNTY ATTORNEY
I
i
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 7
Exhibit A
Site Location Map
~~:r~.
§
.~,~~Yi.
.>q;~'i:~'._.'_~:r~
:-.~.£;`:~~p
~::`4':.'4;`ti.~j;;~;~~~~.,
Z>\
SY
i
' O ~
~ ~ L' I
I
I ~ W~
; ;
~
~ ~ ? j
~ o;
Turn ike s ;
i%:; . ~ ~
Can -2
~
, ; ; Y
Oran Ave
~ ~ ~
-o ; ~ G,,~
s ~
~ I ~
~ , ~
~ k cv ~ ~ v~i d
~ c, e
~ i a~ ~a ~ kee~r°b e
~ ~ i m O
;
a~
I = ~
i I
~ ` Midwa Rd
~ N
f ;
~ ~
~
~ G~
r ~
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 8
illl
Exhibit B
~ Certificate of Capacity
~r:.
~
3; ~
u~
a
.
I `
~
~ ~
Y
_ s„r::::
~a,. ~ "r
"g ~,~a.~: _ :
y ~
. ~x~ .
~
~ ~ I
x:
: .r~f~~, , ~ I
: ~
~ ~ < y ~
~ h ~ a
.
X;
~ :
~~C
r
~ L y 3i::
f
x
t
b .
hy
~ i'~
ik }y ra
~ ~.ro
o ~
i
~
December 7, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 9
St Lucie County
Certificate of Capacity
Date 5/10/2010 Certificate No. 2856
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development 10-102
Number of units 3 Number of square feet 11280
2. Property legal description 8~ Tax ID no.
See Legal Description in Resolution
Orange Ave. between Minute Maid Rd & C-24
MCZ 1200 Acre Parcel
3. Approval: Building Resolution No. 10-102 Letter
4. Subject to the following conditions for concurrency:
As per Resolution 10-102
Owner's name
MCZ/Centrum Citrus Farms, LLC
Address
225 West Hubbard St.
Chicago IL 60610
6. Certificate Expiration Date 12/7/2011
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed Date: 11/22/2010
Planning and Development Services Director
St Lucie County, Florida
Monday, November 22, 2010 Page 1 of 2
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
December 7, 2010
NOTICE OF PROPOSED CONDITIONAL USE PERMR
The St Lude CouMy Buartl d County Commissioners pmpos~t to
con~der Me adoption d the fdowing by resolutan:
RESOLUTION NO. 74102
A RESOLUiION OFTHE BOARD OF COUNTY CONtlNISSIONERS OF
S7. LUCIE COUNTV GHANi1NG A CONDRIONAL USE PERIN(i TO
ALLOW FOR A SAND AND CODUINA ROpC MINING OPEHATION
MVTHE AG-5 IAGNCULTURAL - t DU/5 ACRESI ZONWG DISI'F9GT
FORTHE PROPERTY LOCA7ED IN SL LUqE COUMY, ROpIDA.
APPLJCJ1Mi: MCZ/Centrum Citrus Farms, LLC
FlLE NUMBER: CU 220081426
LOCATION: The proposed mining area is located on approximately
1,220 aaes, north of Orange Avenue, between Minu[e Maid Road
and tAe G24 Canal.
WRPOSE: A Conditional Use Permit to allow tor [he removal of sand
and mquina rodc to be utilized as fill material fo. roadway projects.
k5C]'Ge~vum GGruS iarms. LlC
CI-21C74id26
o I
E
~ Carei G2' MSIe Rtl ~
g.y_.
~ ~ Oran Avc
< ~ L ~ m
:J n - '9'.F~
c '
U a
N ~ o~---
a
_
. ~~`~~hoeeeRd cnew~;y-a~
. . . ~i
IEGAL DESCpIPT10N:
PARCEL A
THE EAST 3~0 OF SECTION 32, TOWNSNIP 34 SOUTH, RANGE 38 EAST
LESS AND EXCEPT THEREFROM THAT PROPERTY CONVEYED TO THE
FfAPoDA STATENRN%I~ AUTHORITY BY WARRANTV pEED RECORDED
IN O.R. BOOK 52, AT PA6E 92 OFTHE PUBIIC RECORDS OF 5T. IUCIE
COUNTY, FLORIDA AND LESS AND EXCEPTTHEREFAOMTHAT PROPERTY
CONVEYEDTOTHE CENTRALAND SOUTHERN FLORIDA FLOOD CONTAOL
DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 56, AT PAGE 587
OFTHE PUBUC RECORDS OF ST. LUCIE COUNTY, FLARIDA,ANDTNE EAST
3N OF SECTION 5, AND TNAT PqRT OF THE EAST 3~4 OFTHE NORfH 12
LVING NORTH OF ORANGE AVENUE EXTENSION ISTAIE ROAD 68 NK/A
STATE ROAO 16210F SECTION B,TOWNSHIP 35 SOUTH, RANGE 36 EAST.
PARCEL B
ALL THAT PORTION OF THE WEST V4 Of THE NORTH 12 OF SECTION 8,
TOWNSHIP 35 SOUTH, RANGE 38 EAST, LVING EAST OFTHE CENTERLINE
OP MINUTE MAID ROAD AS LAID OUT AND IN USE, AND ALl OF THAT
PORTION OFTHE WEST L~4 OF, 1E55THE NORTH 7689 FEETTHEREOF OF
SECTION S,TOWNSHfP 35 SOUTH, RANGE 38 EAST OfTHE CENTERLME
OF MINUTE MAID RQ4D AS LAID OUTAND IN USE.
PARCEL C
ALL THAT PORTION OP THE NORTH 1689 FEET OF THE WEST V4 OF
SECTION S,TOWNSNIP 35 SOUTH, RANGE 38 EAST, LVING FAST OFTHE
CENTERLINE OP MiNUTE MAI~ ROAD AS PRESENTLV MAINTAINED AND
USED.
The PUBLIC FIEARING on this item will 6e held in the Commission
Chambers, Roger Poitras Annex, 3M Floor, St. Wcie Coumy
Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on .
Tuesdry, Dacember 7, i010 beginning at 6:00 p.m. or as soon thereafter
as possi6le.
All i~rterested persons will be given an opportunity to be heard.
Wrhten comments received in advance of Me public hearing
wiH also be considered Writt¢n wmments to the Board ot
CouMy Commissioners should be received by the Planning and
Development Services Departmertt - Plan~ing Division at least 3
days prior to the scheduled hearing. The petition file is available
for reWew at the Planning and Development Services Department
offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce,
Flo~ida, during regular business hours. Please ca1177L462-2822 or
TDD 772/462d42g if you have arry questions or require addiUOnai
infortnation.
The St. Lucie County Board of Courtty Commissioners has the power
to review and grarrt arry applirations witfiin their area of responsibilRy.
The proceedings of the Board of Coumy Commissioners are
electroniwlly recorded. PURSUANT TO Sxtion 286070fi qorida
S~g~, if a pe~son A~ides to appeal a~y decision made by the Board
ot Courrty Commissioners with respec[ to arry matter considered at a
mee[ing or hearing, he or she will need a record of the proceedings.
Por such puryose, he or sM1e may ~ to ensure tAat a verhatim record
of the proceedings is matle, whidi record includes the tes[imony and
evidence upon whidi Me appeal isto be based. Upon the request of any
party to the proceeding, individuals testifying du~ing a ~earing will be
swom in. Arry party to the proceeding will be grarrted an opportunkyto
crosscxamine any individual testifying during a hearing upon request.
If it becomes necessary, a public hearing may be corrtinued from time
to time as may be necessary to a date-certai~.
Anyone with a disabiliry requiring accommodation to attend this
meeting should contact the St. lucie County Communiry Risk
Manager at leas[ torty-eight (48) hours prior to the meeting at
(7721462-1506 or T.D.D. 772l462-142g, Arry quesUOns aboa[ tbis
agenda may be refe~ed to St Lucie County Planning Division at
(7721462-2822.
BOARD OF COUNTV COMMISSIONERS
5T. LUGE COUNTY, FLORIDA
/S/ CHRIS CRAFf, CHAIRMAN
PUBUSH DATE: Nrnember 24, 20t0
' • . • - - . :
` CT C
~~u o _ -
BOARD OF COUNTY COMMISSIONERS ~,y
~~~~~..E . ~ ; .
~x ~ ~ . ~ ~ . = _ .4.
~
,
- ~L-- ' I
II T~ Tr '50NSFINE STA~E-PK4PY SUNSHiNE STATE P IKWY
i; ~ I
' / / ! i ~ ? • I
~ i ~
~ , ii ~ i ~ I ~
~ ~ ~ ~ I~ I
¦
I ; ` ~i ~ i , i~ / ~i ~ I
~ ~ ~ / ~ I I
~ : : _ ( ~ ~ ~ / ~ I ~ '
~ a / ~ ~l_ ~ ~
December 7, 2010 , ~ ~ , N-RIM=D!-TCffR6--
~ ~ ' ~
~ ~ I , w/ / ~ I
~ -~~z,,,,,,, .
! ~
I ~ ~ ~ ~ ~ -~=SGHUMANN=R -
BOCC~Chambers ~ ; , : , ~ . I , o i
SLC Administration Annex, ~ ~ A~%,; ~ I~ Q
~
2300 Virginia Avenue , ; ; : ' % ~ ~ ~ ~
~
Ft Pierce, Florida 34982 ~ I; F' , i; I
~
~ I ' _
. ; / ~ ~~j ~:~.I ~
: : . I ~ i ¦
, h' ' ' Y ~
6:OO~PM 1~ I N~EAV f
•~Y ~
Applicant C ~ ~ Subject property N
MCZJ Centrum Citrus Farms. ~ w~ L__~ ~ R. notification srea ~
' f z~ . , '
~L~ - ~ St. Lucie County Zoning
z AG-5 -Agricultu2l (1 tlu/5 ac)
Proaertv Location Project Locafion: On the north side of Orange ~~~enue, bet« een ~Iinute ltaid Road
North of Orange Avenue, and the G24 Canal.
between Minute Maid Road
and the G24 Canai
Public Hearinq Description Staff Recommendation
Zoninp
AG-5 (Agricultural, 1 dwelling MCZ/Centrum Citrus Farms, LLC is Board adoption of Resolution No. 10-102
unit per 5 acres) requesting a Conditional Use Permit to granting approval of the petition of MCZ/
Future Land Use allow for the removal of sand and Centrum Citrus Farrns. LLC.
AG-5 (Agricultural, 1 dwelling COquina rock on 1,219.4 acres located
unit per 5 acres) north of Orange Avenue, between The St. Lucie County Board of County
Minute Maid Road and the C-24 Canal. Commissioners has the power to review
The proposed conditional use can be and grant any applications within their
authorized under the provisions of SLC area of responsibility.
Land Development Code (LDC)
w Section 3.01.03(C)(~(~, Mining and The Board strongly encourages your
~ quarrying of nonmeta/lic minerals, input and comment at the public hearing.
W
- except fuels. You may also mail or email written
~ comments in advance of he pub(ic
° The applicant proposes to excavate a hearing for inGusion in the official record
Turnpke ~
~ i c~~ c-zs ~ maximum of 2.2 million cubic yards regarding this proceeding.
Y over a 20 year period. In conjunction
Oran aA~ with the application for a conditional Further details are available in the
~ ~ use petmit, the applicant has also P~anning and Development Services
_ Q4~ applied for a mining permit through the Department-please contact:
J ~ ~ m ok~~~~~ St. Lucie County Engineering Division.
Staff Jeffrey Johnson, Senior Planner
= Tel. 772~62-1580
~Midway Rd ~ Email johnsonj~stlucieco.org
- -
~e~G~~~ Mail 2300 Virqinia Avenue
9 ' v .k ~ ~ P° kA ~ I ~~~,yF ~a r ~
€ ~ ~
v
' .
~ ~
~ ~4~ ~ ~ ~ ~ ~ ;
'~~s ~ "~„~'~6 ~ ~ d,~~',~~g~~"~s t~~'~3 ~ ~ ~ ~
~ : ~ k . +~,x~ ~g~~~~'i'Hxa~qyq~{~~~y~~` ~,i L~
~ y~ ~PYT ~~m5~~~~ xe M ~~}M
~ ; ~`y~~~ {r~~N Y~, T N~
~~FY' ~ ~ . 'i~~" 9
a~', ~ ~ ~ G ~t ~ ~u ~~r~ ~ ' t ~ ~ ~ ~ ~,4
,w ~ ~ ~ ''~~Tr"u i ~ h ~ ~
~ ~ ~.Ik~~~~ z 7~..., 1 - ~ ~
r~ .
~
~ ~ ~
M
"t~4~";a~a~~ ~ ~ r~~~~ `~~v t~~ 't ~ . ~ ~ ~ `
1'' ~ ry ~ ` . fi r~ ~Y~
~ ~
t ~ - Y ' ' a 'r F
p ~ ~
L
~
~ ~ ~ ~ ~F
i . , t
1~ J ,1 1 1~~+`, . ~i~ r
Y r k ~ ~ ~
~h " .a; azd# u i fi I : AA I ' . ~y . f o 5 . . f
~ ~ 'r i ~ ' . p'y^ y
~ ~ k ~ ~M' ~ 1V I'M ~ ~ F , `?Y~
' ~
4 b ~ , ~t~ ~ ,,~r~ ~ y a ~ ~ ~
i
~ . ; 4'" r ~ ~ ~ ~ i ~ p'~i ~ u~u~ + t
~ ~ 9
3
~ ~ ' #e"'yk~ y. v" r ~Xt d r( ~ Y '
i
~ ~ ~ ~
~ ~~Q~~
~ yi ~ 7 W~~
'
'~~k ~
p~ 3f~a eti is i'~" ~
~ ti ~
4 k'~ ~ ~ ~
4~. .P'~ ~4~
g.=' 1~~ ~ ~ ~
r." fr
a ~ ~
4
~S~p~'"~~,
~ 0.~ t?
~ ~
; ~
;
` ' i ` ,
~ ~ M,~. .
z ~
~ I(I ' s
:
M ~~J, ~,,,1' , . ~
!~T ~
* y.'
1
1
'b J ;
, j, . : ~+rf M1 ~ r
k ~ ` ~ k s
A'~' :'4 1 . 9 ~k,j ~ ~ . ~ P~ i
v. t ~ ~ ~ ,
6 ~s r~";i
~ ; 1~ ~:~:~"i ~ ~ R dk3~ ~ ( ~ .
~ ~ 4~ ~ ~ ~ ~ ~ F .
d S ~,nt~; Rz~¢ f ~,1~E~ ~i ~i ~t '%4
B Mt ~ ~ F.
.r 4
n
j. _ ~ C ~a~~. ~ s
~ ~ ~+~'~t` ~ : ~
Ph~
~
i k~ ~r~ _ . . r
~~~'F~
~ p ,
c ~ +~l
_ p. Y iw. ~
~ e. ~ . . ~S" .
. fe. ~ '
~ ti ~ ~ . ~ ~x':
- ~ ~ ~a
~ ~ ~r • ~ %
~
~ ~ ~ ~
~
f' ;
rrK
. 4~C.~~"' ~'~a ~ ~ . . .
a~ ~ . ~ ~
~b.':~r . ~ .
+ u ;
' ~ '~'~~y
,~s~~ ~
S5
:'t"~ ~•.~tv~l, ~ . . ~
. ~ ~ .
. ~ . . . fr,;.
1.. . . , . . .
~i•~ ~ . . ~ , .
..d , . .
F
. . . ~1
~
, N ; * h~;~} 7. ~
n P~ , ~r~~
~ .
y n ~ ! A.- ~ d ~ ~r A'
~ t
L: A~ ~~tl S '
. 'i~ ~~,I 5~P-~~ rou; .
I~ . ~ p~~~ ~ .
M;
.!~~"~5~~e~^~4 ' ~ , .
~w7i~Rla' ~ ~
~ ~ ~ ~r~ ~ 1~~ t~'~i? ' ~d?
~ ~ ,~~(..y HI Y~ ~r:~s~ ~ .
l~¢ d7 ~Jj
~ ~t ~ ~ y ~ „~F¢~"~~.
ikr ~ . , i . I~,~' 1~ ~ 1 I ~ m5'
r^ ~~N~dw~,~r C ~ ~
1~ y{ , . . . . .
~
S~ t" . . .
~'~y ~u'HY ~ . . ~ .
~y, tl F'I;~ ~
r~ ;
"ts E 1' ypF~ ^
~ ~
i ` ~ r~
q k j
_ ~ -~~34 ~ m . .
,~r ~
Ta~it~'~~~~ ~~&~~F~ " { ~ . , . _
i~t~1S~~~1~ ~iCa ! . .
g 4 ~ t~" ~ ' i 7 . ~ ~ ~
~r~y~~~ ~ ! ~ .
y
~ ~~I~~~,~:,a ,I .^vr . . ~
.a ~~i~i ~ I 7 v,;.? ~I r i . ~ . . .
~
~ ~ ~
~ ~ ~ ~ ~ ~ ' ~
'=ti
~ ~ ~ ~ ~
a ~ . . .s~f ~y . s;C' ~ ~ ~ . . .
- ar?. ~ ~ .
~ ~
~ _
~ ~ ~~.r~wv(,.~/~y'y~,
~ ~a. . ~ c;t`!' . . ~ f RE! ~ ~ ;Mp• '
~ Y~1~y~,( ~ ~
. ~ ~ ~ sCa"~7 ~ ~ ..'ra' . ' ~ .
~ ~ ~ . .l; ""k 'X~ . ~ ~ J6' ~rp. ~ ~ . ~ .
€yy ~ ~ ~ ~ . ~ ~ ~ ~ . ~ .
~ ~ 't~? r~n„ ~ r.
~ ~ ~ ~ ~ ~ ~ .
Y.,l ~ '~'q o K"! 1Y~~~e~
rns
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
:a~ ~ ~ ~ ~ ~ ~
~ ~ ~ c~a ~ .
a, a,,
~y ~ ;gyi" ~ ~ ° r~ ~ ,~ta c~ ~
~ ~ ~s ~ ~ ~
~ ~ sP'"~." ~ ,~1. ~ . r'"'"mr r~~ ~ ~ .
. ~ ~fk's ~ ~ ~ ~ .
~y L'% ~ ~ p~~, . ~ "~I. ~ ~ ~q~'. . ~ . ~ . .
~~y : ~ . .~I. ~ •-g-N 1~.. ~Yf ~t1 ~
:-~fk ~ ~ ~ . ~ ~ ~ ~ .
~
ja. c' i ' a a, ~ ~ ~ ,rb ~ : ~
~ ra ~ rG e5~
~ 'a
~.,t~S~ ~r~``. ~ ' ~i ~
~ A~s ~ ` ~ ~ ~ ~ ~ ~ µ
~ ~ ~ ~
° ~ ~ ~
~ ~ ~ ~e ~ ~ ' '
~ ,
~ ,~a 'r'ti ~ ~ , ~ .
~
~ ~ ~ t'2:. '..r c1a ~ ~ i^~ ,
~ ~ a~-1'
, ~~r ~ ~ ft~ ~ ~ ~
~ t . y sl ~
~ < a.
st r
l~
~ , .w wy
1.
~
~r
~ ~
- ` t i
~ N~ R,,,s
?4 rc~ a:
~ ti4 ~
z ~.Y A~. ~~'A :
1
d a xd S'`~' .
~ ~ .
J . l ~ #~i
~ i S
, ~ a
a ^ 4
~
AFFIDAVIT
COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS
STATE OF ~~1~ )
COUNTY OF PRt~ f~t.~~N )
'~C-H Ar2D J. -~LEt ~~n1 ~ S ~.E. , being first duly swom deposes and states:
~...ci ~ c.~T~ ~
1. 1 am the owner or the agent for ~-rr~uS F~n1 t.c~insert owne~'s name) for the
following petition: 2-'~0~~ ~+2So (insert pefition number).
2. I hereby certify that I have complied with the notice requirements set forth in
Section 11.00.03.E of the St. Lucie Courity Land Development Code for the
t 2~ n}~ (insert date) public hearing to be conducted by the
S~ r~~ a~F. co~ra~ c_c r o.sF~(insert enfity name) on the abov~referen~ed
pe6tion. The required sign was printed and posted to the specfications listed on
the Sign Contenf and Sign Requi~ments forms provided by St Lucie County
Growth Managemerrt on ~1 (date). The following required documentation is
attached:
A. Dated Photo (Close up) ?
B. Dated Photo (Distant) ? ~
~
Further affiant sayeth not_ ~ ~ ~ ~ ~ ~
~ ~
~
~
(Name of Affiant)
STATE OF ~v ~-1 ~ }1 1
COUNTY OF p A~~ l~ E 1'~(~1-1 1
The foregoing instrument was acknowledged before me this 1 day of
20d~o . by Q..~U-1-ft 2.~ J_ '~Ei ILC-ni ~S . Said person (Check o e) is
personally known to me, produced a drivers license (issued by a state of the United
States within the last five (5) years as iderrtficafion, or produced other identfication, to
wit
/ ~
Notary Public, State of
ZC1 E. n-~ S C-_~kt +Z1~
Typed or Printed Name of Notary
Commission No.:
M
.•`~~~"""4t.
20F M SEtKIRK
Natary PuOUc • Stale ol fiorfd~
MY Comm. Expirls MNy 13, 2011
~~'%`,Ra:.~` Commtasbn ~ DD 991866
~ = ~ _ - ~ Environmental Resources
~ Department
• ' ~ •
Companion Report
TO: Board of County Commissioners
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
Amy Griffin, Environmental Regulations and Lands Division Manager ~
DATE: November 30, 2010
SUBJECT: MCZ/Centrum Citrus Farm, LLC Conditional Use Permit
CU 220081426
Backqround
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the applicant's request for Conditional Use Permit approval.
Findinqs
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the requested Conditional Use Permit.
i nature
~ - ~ ~ ~ = - - Environmentai Resources
~ Department
. .
Final Report
TO: Jeffrey Johnson, Planning and Development Services Department
THR4UGH: Karen L. Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
Amy Griffin, Environmental Regulations and Lands Division Manager
DATE: November 30, 2010
SUBJECT: MCZ1Centn~m Citrus Farms Conditional Use
CU 22081426
Back~round
The Environmental Resources Department (ERD) is in reoeipt of the March 24, 2010 Planning
and Development Services' date-stamped resubmittat. The applicant is requesting approval
of a Conditional Use to allow for a proposed 676.1-acre mine on 1,219.4 acres. The area is
bounded by: Orange Avenue to the south, Minute Maid Road to the west, the South Florida
Water Management District (SFWMD) C-24 and C-25 canals to the east, and the SFWMD C-
25 canal to the north. The project site coMains a mix of cteared and standing abandoned
c~rus grove and associated agricuftural ditches; native and non-native vegetation along
Minute Maid Road; and two remnant hardwood hammock a~eas. The existing land use is a
bona-fide agricultural operation.
Findin s
The proposed mining footprint has been sited within abandoned citrus groves and associated
agricultural ditches. Existing native vegetation, inGuding finro hammodcs in the southem end
of the site and native trees along Minute Maid Road, are to be preserved_ No impacts to
native habitat or County-protected native trees are proposed.
The Conditional Use boundary, which encompasses all areas of proposed mining activities,
has been sited more than 200 feet from alt adjacent wetland areas, in adherence to
Comprehensive Plan Poficy 8.1.7.5. A jurisdictionaf determination by appiicable agencies is
requi~ed as a condition of approval.
The applicant submitted a revised Environmental Impact Report (EIR), vvt~ich discusses
potential listed species' impacts and conGudes that the proposed mining activities are not
likely to affect listed species. The US Army Corps of Engineers and US Fish and Wildlife
Environmental Resources Department
Final Report
MCZ/Centrum Citrus Farms Conditional Use
November 30, 2010
Service listed species review is presentiy underway (Permit Appiication No. SAJ-200&0769).
A condition of approval requires that federal agency approval be provided prior to issuance of
a Vegetation Removal Pe~mit or Exemption (Comprehensive Plan Policy 8.1.12.5).
The mining activities would be screened through mining set-badcs, establishment of a 6-foot
high perimeter berm, retention of native vegetation along Minute Maid Road, and planting of
native trees and shrubs along Orange Avenue.
Recommendation
ERD recommends approval of the Conditional Use application with conditions as outlined
below.
Conditions of A~aroval
1) Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the required
Environmental Resources Department-approved Preserve Area Monitoring and
Management Plan (PAMP) affidavit, and a cashier's chedc, payable to the Cle~ic of the
Court for the appropriate PAMP recording fees, to the County Attomey for review and
approval.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have
obtained and provided the Environmental Resources Department with all required federal
and state permits and approvals, including but not limited to the Environmental Resource
Permit, South Florida Water Management District Water Use Permit, US Army Corps of
Engineers Section 404 Permit, US Fish and Wldlife Service approval, and St. Lucie
County mining permit. If federal or state agency compliance requires modification to the
mining plans or implementation of conservation measures, the applicant will promptly
modify the plans and submit to St. Lucie County for review and approval. The County's
development approval shall not prevent compliance with any federal or state agency
requirements.
3) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the
Conditional Use area shall be removed (LDC Section 7.09.05).
4) Prior to issuance of a Vegetation Removal Permit or Exemption, if more than one year or
nesting season has elapsed since the most recent listed species surveys were conducted
in accordance with appropriate state and/or federal protocols, updated surveys shall be
required for the crested caracara, as well as any other listed species for which the state or
federal govemment have required updated surveys. Surveys should be conducted in
acxordance with appropriate state and/or federal protocols, and documerrtation of survey
methods and results shall be provided to the Environmental Resources Department, as
well as the app~opriate state and/or federal agencies_ In the event that the applicarrt
obtains written documentation from the US Fish and Wildlife Service for federally-listed
speaes or the Florida Fish and Wildlife Conservation Commission for state-listed spec~es,
indicating that updated surveys will not be ~equired for this project, this condition of
approval will be considered addressed.
Page 2
C:1Documents and SettingsljohnsonjlLocal Settings\Temporary Intemet
F~~S~co~ce~r.o~,c~~1FEGZFORG\MCZCentrumCitrus CU Nov10.doc
Environmental Resources Department
Final Report
MCZ/Centrum Citrus Farms Conditional Use
November 30, 2010
5) 1N~ithin 90 days after the commencement of mining activities, landscaping shall be installed
as shown on the approved Landscape Plan. The Environmental Resources Director may
extend the time period for planting up to an additional three (3) months, if additional time is
needed to complete landscape installation.
Please contact Yvette Alger at 772-462-2866 if you have any questions.
Page 3
C:1Documents and Settingsyohnsonj~Local Settings\Temporary Intemet
F~~~co~t~?,c.o~~\FEGZFORG\MCZCentrumCitrus_CU_Nov10.doc
ATTACHMENTS
The following is a list of attachments that will be included with this agenda item:
Preserve Area Management Plan
Planning and Zoning Commission Agenda Item (August 19, 2010)
Planning and Zoning Commission Meeting Minutes (August 19, 2010)
Planning and Zoning Commission Agenda Item (June 17, 2010)
Planning and Zoning Commission Meeting Minutes (June 17, 2010)
Mining Site Development Plans (Including Landscape Plan)
Revised Traffic Study (Kimley-Horn and Associates)
Natural Resource Management, Wetland, and Environmental Permitting Services
CONSULTANTS, INC.
MCZ 1,200 MINE
PRESERVE AREA
MONITORING AND MAINTENANCE PLAN
PREPARED FOR:
MCZ CENTRUM PROPERTIES
PREPARED BY:
EW Consultants, Inc.
2081 SE Ocean Boulevard, Suite 2B
Stuart, FL 34996
~July 2010
. ~
~~~I~~ ~
~~l
NOV ~ 2
2081 SE Ocean Blvd, Suite 26 ' Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewcons ultants. com
FIGURES TO BE INCLUDED WITH THIS PAMMP:
1. Location Map
2. Preserve Area Map
3. Typical Preserve Area Sign
DOCUMENTS TO BE INCLUDED WITH THIS PAMMP:
APPENDIX A- Eastern Indigo Snake Protection Plan
APPENDIX B- June 2010 MCZ 1,200 Lake Area Monitoring and Maintenance Plan &
Associated Graphics
I. INTRODUCTION
The MCZ 1,200 Mine site is approximately 1,220+/- acres and is located south of and adjacent to
the SFVVMD G25, west of the G24/C-25 canal connection, north of and adjacent to Orange
Avenue and east of and adjacent to Minute Maid Road in north central unincorporated St. Lucie
County (see Figure 1, Location Map). The site consists of open pasture land recently converted
from citrus groves, active and inactive citrus groves, associated ditches and pump houses, as well
as two oak hammocks in the southern portion of the site and a mixture of native and exotic
vegetation east of Minute Maid Road along the westem boundary of the site.
II. ON-SITE PRESERVES AND NIINE RECLAMATION
The site plan includes three on-site upland areas that will entail preservation, monitoring, and
maintenance activities (see Figure 2).
The first preserve area is a 1.9+/- acre cabbage palm/oak hammock located in the southern
section of the project site. It contains mature live and laurel oaks as well as cabbage palms and
Brazilian pepper. This acreage includes the 25-foot buffer around the hammock. The second
preserve area is a 0.5+/- acre cabbage palm/oak hammock located in the southern section of the
project site west of preserve area 1. It contains mature live and laurel oaks as well as cabbage
palms and Brazilian pepper. This acreage includes the 25-foot buffer around the hammock.
The final upland preserve area is a 14.3-acre strip of land east of and adjacent to Minute Maid
Road. It consists mainly of exotic trees (Brazilian pepper), but also contains scattered live and
laurel oaks, cabbage palms and slash pines. Since the rest of the project site is citrus grove or
pasture, there is no proposed impact to native canopy trees on-site.
The fmal preserve area also includes 6.1 acres of lake littoral zone and 6.1 acres of upland
transition zone landward of the littoral zone. Details of this planting are found in the MCZ 1,200
Lake Area Management Plan in Appendix B.
The vegetative success criteria for the three upland preserve azeas as well as the littoraWTZ
includes the required areal coverage of Category I exotic vegetation as defined by the Florida
Exotic Pest Plant Council (F.A.C. Rule 62-302-200) at zero percent and nuisance vegetation
limited to five percent or less. Within the littoral and UTZ the areal extent of desirable native
plants shall cover at least 80% of the surface area by the end of the second year of monitoring
after installation.
Responsibility for these efforts will lie with the developer (MCZ Centrum Properties) until
further notice.
III. PROTECTION OF ON-SITE PRESERVES
In arder to protect the upland preserve areas from potential damage during the land alteration
process, the following minimum standards for vegetation protection shall be applied within the
MCZ 1,200 Mine site:
1
A conspicuous, suitable protective barrier constructed of orange safety fencing or other durable
material, shall be placed and maintained around the perimeter of the protected area to form a
continuous unbroken boundary. This fencing shall be placed either a minimum of ten (10) feet
from the edge of the protected vegetation or from the radius of the dripline from all protected
trees, whichever is greater. All special conditions included in the Vegetation Removal permit
will be closely followed. In addition, preserve area signage will be installed per Figures 2 and 3
of this PAMMP.
Special care shall be taken that preservation areas are properly marked and highly visible so that
equipment operators can see the limits of permitted removal activity. Protective barriers or
protective designations shall remain in place until removal is authorized by the Public Works
Director, or his designee. In the event that any protective barriers are removed or altered and
clearing activities are conducted within an area identified for preserve under the issued
Vegetation Removal Permit, the Public Works Director, or his designee is authorized to direct
that all land clearing and site alteration work at the site be stopped until the barriers are restored
and any necessary corrective actions taken to repair or replant any vegetation removed or
damaged as a result of these encroachments.
All preserve areas shall be maintained in their natural state so as not to alter the water and
oxygen content of the soil and impair its natural function. No grade changes or excavation of
any sort may be made within the upland preserve areas that require trenching or cutting of roots,
except in compliance with the terms of special conditions in an approved Vegetation Removal
Pernut, and in the case of creating the littoral and upland transition zones around the constructed
lake. If underground utilities must be routed through a protected root zone area, tunneling under
the roots shall be required. Irrigation shall be installed outside of the dripline of all protected
trees.
No soil shall be removed from within a vegetation preservation area. No fill material,
construction material, concrete, paint, chemicals, or other foreign materials shall be stored,
deposited or disposed of within a vegetation preservation area. No signs, permits, wires, or other
attachments, other than those of protective and non-damaging nature, shall be affixed or attached
to protected vegetation. If landscaping is to be installed within a vegetation preservation area
after removal of protective barriers or designations, installation shall be accomplished using hand
labor, unless use of light machinery is proven to be necessary and methodology is approved by
the Public Works Director, or his designee. Any equipment, including passenger vehicles, shall
not be driven, parked, or stored or repaired within designated vegetation preservation areas.
Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced
by vegetation of equal environmental value as specified by the Public Works Director, or his
designee, in consultation with the Community Development Director, before any occupancy or
final use permit authorizations are issued.
The authorized removal of any non-protected vegetation in the vegetation preservation area shall
be accomplished using hand labor, unless use of light machinery is proven to be necessary and
methodology is approved by the Public Works Director, or his designee. Only the above ground
portions of the non-protected vegetation may be removed and the stump shall be properly treated
with an approved herbicide; the root systems of the protected vegetation must remain
undisturbed. If any roots of protected vegetation are exposed or damaged, the applicant shall
2
immediately correct the situation by covering the roots with a high quality soil to match the
existing grades, pruning any splintered roots and providing water until the vegetation has
recovered.
The applicant shall provide the Public Works Director, or his designee, a written plan to control
erosion which may be expected to occur as a result of the proposed removal of protected
vegetation. The erosion control plan must be approved by the Public Works Director, or his
designee, prior to the commencement of any removal of protected vegetation. All provisions of
the plan shall be incorporated as express conditions of any Notice of Vegetation Removal issued
under this paragraph.
IV. MAINTENANCE ACTIVITIES WITHIN ON-SITE PRESERVES
The upland preserve areas as shown on the attached plan will be kept free of nuisance and exotic
vegetation. All Category I and II nuisance and exotic vegetation as listed by the Florida Exotic
Pest Plant Council (Rule SB-57.007 FAC) will be treated within such areas. All treatment will be
through the application of the appropriate herbicide approved for use within aquatic
environments. The criterion for acceptance of eradication for Category I and II exotic vegetation
will be 100 percent treahnent/kill and 95 percent treatmentJkill for nuisance species. If initial
efforts do not achieve this criterion, follow up treatments will be conducted.
The preservation azeas will be enhanced as described below. A figure showing the location and
extent of these upland areas is included as Figure 2, with the littoral zone and upland transition
zone shown in Appendix B. The proposed management approach is outlined below.
• Extensive woody exotic vegetation occurs within the preserve area.
o All woody species will be eradicated by cutting or girdling of the trunk and
treatment of the stump or trunk with an appropriately labeled herbicide.
o The criterion completion of the woody exotic eradication will be 100 percent kill.
If initial eradication efforts do not achieve this criterion, follow up treatment will
be conducted.
• The exotic vegetation present also includes non-woody species.
o All eradication of non-woody exotic vegetation will be through application of
appropriately labeled herbicide and left in-situ.
o The criterion for acceptance of eradication for all non-woody exotic vegetation
will be 100 percent kill. If initial eradication efforts do not achieve this criterion,
follow up treatment will be conducted.
• The exotic vegetation eradication will generate vegetative debris that requires disposal.
A staging and storage area will be created within the development area on the project site.
o Transport of vegetative debris from the preserve areas to the staging area will be
conducted in a fashion that minimizes the distribution and dispersal of seeds from
the debris.
' o All vegetative debris, either whole or chipped/mulched, will be hauled off site and
disposed of at a landfill or other such appropriately licensed facility.
3
o Herbicides are required for the treatment of all stumps and/or trunks of woody
vegetation to prevent re-growth, and for eradication of non-woody exotic and
nuisance vegetation.
o All herbicide application activities will be conducted under the supervision of a
Florida Deparirnent of Agriculture licensed applicator who is licensed for
application of aquatic herbicides.
o All herbicides applied within wetland areas must be properly labeled for
application in wetlands.
o All herbicides applied must include a visible tracer dye in the mix to facilitate
observation of treated vegetation.
~ The site conditions are somewhat variable in terms of soil moisture and existing
vegetation.
o The exotic removal work will be conducted in a fashion that minimizes
disturbance of surface soils. Equipment operations that result in rutting and/or
displacement of existing surface soils in excess of three inches will be restored to
natural conditions.
• The preserve area will be posted with permanent signs and boundary markers as shown
on Figure 2. Signs will be at least 11 x 14 inches in size and will be posted in
conspicuous locations along the Preserve Area boundaries, at a frequency of no less than
one (1) sign per 500 feet (see note on Figure 2).
In addition, should the exotic removal effort result in barren areas within the preserve, a re-
vegetation program will be implemented. Barren areas will be re-planted with appropriate native
vegetation consistent with Figure 4 of this PAMMP. St. Lucie County Environmental Resources
Department staff will be contacted prior to this planting effort in order to finalize details such as
planting area limits, and specific plant species based on availability of plant material at the time
of restoration.
V. MONITORING
One photo station will be established within each of the oak hammock areas (preserves 1 and 2),
while three photo stations and three transects with three monitoring stations each (nine
monitoring stations total) will be established within preserve area 3 in accordance with Figure 2.
The vegetation will be measured in percent coverage of the canopy/understory layer and ground
cover. The total percent cover will not exceed 100 percent, and each species documented will be
reported in both common and Latin names. The coverage will be measured by visual
observation in each of four quadrats from the fixed monitoring point. Observations will extend
approximately 25 feet from the observer in each direction. The data from each quadrant will be
included in the monitoring reports. The transects will be marked with PVC pipe to ensure
consistency in data collection. Photos will be collected from each of the preserve areas to
provide documentation of vegetative coverage. In addition to vegetative coverage
documentation, observed wildlife utilization or indicators of wildlife (e.g. tracks, scat, etc.) will
also be noted.
The monitoring will be conducted on an annual basis with data collection at or near the end of
the wet season. Dates for field data collection will be provided in advance to St. Lucie County
4
Environmental Resources Department staff so that arrangements can be made to accompany the
field biologist during the monitoring, if desired. Reports will be provided to the St. Lucie
County Environmental Resources Department on an annual basis during the first five years so
that maintenance activity can be closely tracked.
Please refer to the Lake Area Monitoring and Maintenance Plan for specifics regarding
monitoring within the littoral and upland transition zone areas.
The schedule for conducting the proposed monitoring is based on the date of the issuance of the
Vegetation Removal Permit from St. Lucie County. All reports are to be sent to the St. Lucie
County Environmental Resources Department. The following is the proposed monitoring
schedule:
Activity Date
Submit Baseline Monitoring Report 1 Month after Permit Issuance
Submit Time-Zero Monitoring Report 6 Months after Pernut Issuance
Conduct and Submit 1 st Annual Monitoring Report 18 Months after Permit Issuance
Conduct and Submit 2nd Annual Monitoring Report 30 Months after Permit Issuance
Conduct and Submit 3rd Annual Monitoring Report 42 Months after Permit Issuance
Conduct and Submit 4th Annual Monitoring Report 54 Months after Permit Issuance
Conduct and Submit Sth Annual Monitoring Report 66 Months after Perm.it Issuance
Please refer to the monitoring schedule for the littaral and upland transition zone planting areas
in the Lal:e Area Management and Maintenance Plan.
VI. MAINTENANCE
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more total
vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period.
Please refer to the Lake Area Management Plan for details regarding the littoral and upland
transition zone success criteria.
Maintenance of the upland preserve areas and lake zones will be on a quarterly basis and occur
during the months of March, June, September, and December of each year.
VII. CONSTRUCTION ACTIVITIES
Prior to clearing, the site contractor will ensure that the preserve area spaces are protected with
physical barriers during all clearing and construction activities in accordance with the guidelines
below. Barricades will be inspected by County Environmental Department staff prior to work
approval. Removal of the barricade materials will be done upon completion of the mining
activities.
Barricades/silt fences will be appropriately trenched into the ground and will be at a height of at
least three feet. Barricades will not be attached to vegetation. All barricades and turbidity
5
screens will be upright and maintained intact for the duration of construction, and will comply
with all provisions listed in Section 6.OO.OS.C of St. Lucie County's Land Development Code.
The preserve banicades will be offset at a minimum distance of either ten (10) feet from the edge
of groups or azeas of protected vegetation or from the radius of the dripline from all protected
trees, whichever is greater.
Cut or fill will meet existing grade without encroaching into the preserve area.
It is the responsibility of the owner of this project to inform all contractors of these marking and
barricading requirements. Failure to comply with these marking and barricading requirements
will be considered a violation of the site plan approval. Further work on the project may be
stopped until compliance with the marking and barricading requirements is achieved, and the
owner or developer may be required to appear before the Code Enforcement Board.
VIII. COST ESTIMATE FOR BONDING PURPOSE5 -
The pre-mining bond requires the applicant to bond those items related to activities which will
occur prior to the excavation and reclamation of the mine. This includes the cost to re-sod a
typical 50-acre mining cell should operations cease after the initial clearing but before the
excavation of the cell. This pre-mining cost is estimated at $331,160.00.
The post-mining or reclamation bond is designed to account for those activities which must
occur after the mine excavation is complete in order to restore the surrounding land to its pre-
altered condition. These items include:
- Lump sum cost for grading lake and banks to prescribed slopes
- Lump sum cost for as-built survey certified by a registered Professional Engineer
ENGINEERING POST MINING SUB-TOTAL = $2,560,000.00
6
MCZ 1,200 LiTTORAL AND
UPLAND TRANSITION ZONE TABLE 1
PLANTING LIST AND COSTS
6.1 acres of Littoral zone
6.1 acres UTZ
Littoral Zone Plants - BR 2' o.c. Plant Type Quant. (incl. install) Total
Panicum hemitomon Maidencane 4,200 $0.60 $2,520.00
Cladium jamaicense Sawgrass 5,200 $0.60 $3,120.00
Eleocharis baldwinii Spikerush 4,800 $0.38 $1,800.00
Spartina bakeri Sand cordgrass 4,800 $120 $5,760.00
Juncus effusus Soft rush 4,500 $0.60 $2,700.00
Pontederia cordata Pickerelweed 4,800 $0.60 $2,880.00
Sagittaria lancifolia Arrowhead 4,500 $0.60 $2,700.00
Scirpus validus Soft-stem bulrush 5,500 $0.60 $3,300.00
Gulf Coast
Eleocharis cellulosa spikerush 4,800 $0.60 $2,880.00
Eleocharis interstincta Knotted spikerush 4,800 $0.60 $2,880.00
Scirpus californicus Giant bulrush 5,500 $0.60 $3,300.00
Sagittaria latifolia Duck potato 4,800 $0.60 $2,880.00
Rhynchospora spp. Beaksedge 4,150 $0.60 $2,490.00
Utricularia spp. Bladderwort 4,150 $0.60 $2,490.00
Total $41,700.00
UPLAND TRANSITtON
ZONE PLANTING MATERIALS ~ Each
Canopy Trees - 7ga1, 20' o.c. Plant Type Quant. (incl. install) Total
Pinus elliottii densa Slash Pine 90 $22.50 $2,025.00
Quercus virginiana Live Oak 60 $30.00 $1,800.00
Quercuslaurifolia LaurelOak 80 $22.50 $1,800.00
Saba! palmetto Cabbage Palm 130 $37.50 $4,875.00
Acerrubrum Red Maple 60 $22.50 $1,350.00
Taxodium distichum Bald Cypress 70 $30.00 $2,100.00
Magnolia virginiana Sweetbay 50 $30.00 $1,500.00
Persea palustris Redbay 50 $30.00 $1,500.00
llex cassine Dahoon holly 80 $22.50 $1,800.00
Upland Shrubs/Ground Cover -1 gal, 3'
o.c.
Serenoa repens Saw palmetto 4,970 $7.50 $37,275.00
Andropogon virginicus Broomsedge 4,950 $3.75 $18,562.50
Eragrostis elliottii Elliott's lovegrass 4,970 $3.75 $18,637.50
Eragrostis spectabilis Purple lovegrass 4,950 $3.75 $18,562.50
Myrica cerifera Wax Myrtle 4,970 $3.75 $18,637.50
Spartina bakeri Sand Cordgrass 4,950 $3.75 $18,562.50
Total $148,987.50
GRAND
TOTAL $190,687.50
7
Preserve Areas, Littoral and Upland Transition Zone Maintenance Costs:
Quarterly Treatments @$2,400.00 each x 4=$9,600/year x 5 years =$48,000.00
Annual Monitoring @$2,500 per report x 5 years =$12,500.00
SR 68 LANDSCAPING COSTS -
SR 68 landsca in
Plant T e Quant. Size Price Ea. incl. install Total
12'Hx5'
Quercus vir iniana Live Oak 217 W $150.00 $225.00 $48,825.00
Walter's 3gat, 2'
Viburnum obovatum Vibumum 2,150 OC. $4.50 $6.75 $14,512.50
108, 350
Pas alum notatum Bahia rass sf $0.24 $0.36 $39,006.00
Muich
$1,250.00
Irri ation lum sum $24,000.00
Sub Total $127,593.50
110%
Contin enc
1 ear of mowin Total $140,352.85
$8,400.00
Grand Total ~148,752.85
Total Post-Mining Planting Costs = $190,687.50
10% Contingency for plants = $19,068.75
Initial Exotic Removal= $22,500.00
Protective Fence Installation = $7,500.00
Total Post-Mining Maintenance Costs = $48,000.00
Total Post-Mining Monitoring Costs = $12,500.00
SR 68 Landscaping with 10% contingency = $148,752.85
ENVIRONMENTAL AND LANDSCAPING SUB-TOTAL = $449,009.10
Therefore, the GRAND TOTAL cost for the reclamation bond is
$3,009,009.10 ($2,560,000.00 + $449,009.10)
s
PAMMP FIGURES
1- LOCATION MAP
2- PRESERVE AREAS AND MONITORING MAP
3- TYPICAL PRESERVE AREA SIGN
4- PRESERVE AREA RE-PLANTING PLAN
_ ; .
Y ~ ~ ~ ~7:: ' . T J C~ EI ~ ; :if .4 R S T!
zj _ 1 ~
, ~ ~ .r , , , _
~ ;
~ . ~
; ,
~ ' - ~ -
~ ~ J , ' ~ : ~_i i -
_ . ~ .
. ~k
' i ~p- _ _ - ; _ - 2fl i < '
- .
t.,_. ~ 2
1 ~/l , , Z9 . _ , ~
/ - °I I - ~ (
; ~i ~ , _
~ ~ . -
i
~ ~
_ ~ ~
_ _
~ ~ i ~ ~ ~ ~ ; ~ ~ - - -
~ ` ~
i' V~ o i i> I~o- i ~
i.--•4 i ~ U ~ i i , T"'.~ . _ _ . _ . "
'~•-.'~a~ i'_'_ t..,_,~.ry. 'sr"<r . ' . _ _ _'7
~ ~ , . ' . ' ' "
~ ~ o t ~ ~ ~y , _ .m _
c { ~;t=! . , i f ! ~ ~
y(/^~a ~ ~ ' if ~ ~ ~ _ . _ _ _ . _
' ~ l) ~ . ^ . F I ~ ~ - _ _ . ' .
~ !..1 ~ y; . ~ ~ ^Iv
x
F F i ; ~ ` t , ~ ' ` t
~ ~ _
~ i . ~ µ . . _ .
~ ~ --v ~.1; ~ ! 2 i
` _1~'V' d ~ t:_w.. j _ ;
a ~
,
~ ~ . , ;
~ i+i/~- , ~ ' r.- _ ,
i ; ~ , - , ~ ~ t s:-- ~
~ ~ ~ . ~ ~ .
~ ; i~-t-~ ts~~ ~ ~ ' - i ~ ~ ~ _ _
~I ~ ~ ~ ; _ 1: --.rY ~ -
' :
I e'~;-~ ' ~ I ~ ~
i,. a _ w: j ~ ~ ~~t - .s_~.~.. : r .,~t~~, + _ r.- _
~j o t 1' a."' + i ~ j~ ~ ~ i ~ ~ ;,».,dioa x~,
~y !:"i i ' •a i i 9 I
I I.~. ' ~ ~
~j R~ ="lr~~ 1.~;, ~ ~ ~ ~f i " ~ f ~ f ~ # a i F
~ ~ ~ r ~ ~ ~ + j. l ~ ~ ~ ~ ~
~ ~ f. ' '
i ~ ' y - ~ 1 t ` ~ i , I ~
I €
j j 4 ( i ' f{'' ` i I f ~ Y ~ :
3< ~ yp~
~ - 6
~ { ~ t l 3 ~ ~ i ' " { ~ j_~S./~~ 311~i1n~ ~
°.ae-..,,,-:~.~.:
, 3
i: . ~ ~ t. 1_ i~n ~
i ; .,~.~,w.~~ ` ~ ~ ' Y"" 'a~' 4' ~7.s ~ f,.=
: : O ~ , - ~ ~ , i.. J ' I ~ ;
~~0 ~ ~ , ~ ~ f i 7~~ ~j . .
~ 15-'--'y, . ^ ' ~ cy-.: 1 ~ 11 ~ ~ 1 rt~ . . f rl . "
~ ~ f ! - 1 11 ~ ~ i j i 6'~• ; . ~ ~
_ a11~~ 1_ ~ ~ 3 ~ -~i=.. ~ - y ~c.vc.~ ~ ~ ~
t Ety . .y ~ , ~ ' _ _
~ ~ ' ¢ ~ ' ' { ~
j, a ~ r t E : y i .
` ' ' ~ ~ ` ~ ~ 3 !
Y,
,
~ ti ) r ` i F B r ' ~ ~
:
Y-
+ ' ; -x 1
?
F ~ ~
~ ' , ~ i ' ~ ~ ' ~ ' ~ ~
~f ' t ~i.. ~ ~ ~
~ ~ , . ~ e. . . .
. , 4 ; k r ; ~
_ , ~cai5 - _ _
~ _ t _ _ _ " Pr :
bn
J ~ , . Y T
, j _ , • . H ~3~ ` .
~ ~ . : ~ . • ~ '
~ ~ 4_ ' .
._t.. . ' - ' . " ~ ~ ~ . '
~ ~ ~ ""r
_
_ . ^1 . . L . t ~ ~i .
•.1. ! , , t .
. . . ~ ___~w. i f. . . ~ i
~ . _
~
. , . . ~ i... i, . . ~ . i,. ~ .:.o...
. ~ ' . ' f M..... 4 . . : .
, t 4 e '
USGS QUAD 'ST JOHNS MARSF SLOUGH', SEC110N 32, TOWNSHIP Y34 SOUTH, RANGE 38 EAST, AND SEC710NS
5 dc 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST LUCIE COUNTY, FLORIDA LAT. 27'28'Ot" LONG. SO'33'11"
LEGEND o 3000
SITE (1,219.4 AC) ~SCALE IN FEETt
MCZ ~ 200
Z LOCATIOItii MAP
0
F
Q
p CONSUITANTS. ~N~. EW CONSULTANTS, INC. -JULY 201 O
~ 2081 SEOCEANBOULEVARD,SUITE2B F~GURE
3
a _ STUART, FLORIDA 34996
N 772-287-8771 Fnu 772-287-2988
~ YVWW.EWCONSULTANTS.COM ~
~
a.
~ l ~ ~ _ ~
,
. r~ .,~u,..~ ~ ~
- ~ Y...~. ,
~ ` -
~ _t. ~ ;~~~~(~~t'#, f
~ ~ u ~ , .
~ ~ _ ~,t , .~,,r
~ ~ ~ t~ _ ~ ~ . ~ .
f#? _ j{ ' -
E ~ - S ~t
~ ~~~s~{ - - -
~
f ~ ~ I
f - ...w.,~ ~ _
' _
K~ ~
: ~ ~ ~
: ' ~
. : m ~
~
t
~ -
~
~ -.c~' ~'i= y j~ ~ ~ - ~.e _ ~
~--;~~F _ 3 s_~ - ~ ~z.~ 3 n~~
. ~ ~ i # - ~ ~ -
- F ~ .~~a ~ ~4 ~ ~ "F Y ~ _
~ ~~`3]5 ~ ~ . ~ E~ ~a~ ~ y~. _
~ ~ ~ - 's~- ..aa - - .
r '.y ~Y'~~ ~ ~
~ ~ ~ ' _ ,~-r ~ ' ~
` i. ~ ~ ~ u'K ~ y'~r~. _
- ~ ~ ~ _ «~'1 ~ ~ ~ ` .~3 ` -a
v f
~ ' ~t; ~ _ ~ ~ ~ : '
~ _ = ~ ~ _ ` -
i ~ ~ ~ ~
- : ~ ~ - ~ ~
• ` ~ ~ ~ ,
~ . - ~ ~ ~ t ~°ir ~ .r~ ~ -,:k - -
• ~ ~ - $ y ~ ~~e. ~ ~
. ~cf ~i i~ -~-ir~-"-~-~
a a ~ _
~ ~ ~a ~ - ~ -
~ ~ ~ ~
~ r~~ = ; - ~ -
~
~ F i~ ~ ~ ~i'~' .F - ~
~ , _ _
_ - ~ s'`~~ " - _
~ '
=aa~ ~ I...~.. y~ ~ ,J"~
~
~ ~
r
~ - r~ -r 1 <`t"~ 't - _ ~ ' l`
V f1-~- - :t~~'~ ~ ~z f e }L ~ - ~ _ - "Y+
~ ~ . s,-•~tC~ ~ ~ , S - .
3 3~- ; ~
~ ~ _,s~ a~ ~ ~ ' ry~ ~ _ ~ ~
i-sc ' -z_ ~ ~ a+'~ ;r.~ _
I , 4 ~ ~ 7 ~fa~* ~ ` ; ~ - ~ "
~ ~ ( . , . `z - ~_i Z ~
'1 r.. ~ ~ ~ ~ ~ ~
~
. ~ 4 = d, . ' - . ~ : . ~ ' _ - _
. . , ~ f~ ~
' _ ~ .'Y' _ T _
_ '
uk~ss i.x: . • ` ~ '
. sa_ - ~ y .T .
_ . ' .
2 ` ~ 3 ~ ~ I - ~ , ~ ~
~ F -
_ ~~f . l`~~ . , . . ~ ~ _ ~
p~~ PRESERVE AREA 1-(1.9 AC) NOTE- PRESERVE SIGNS WILL BE INSTALLED
PRESERVE AREA 2-(0.5 AC) EVERY 500' OC ALONG THE PRESERVE AREA.
PRESERVE AREA 3-(14.3 AC) ORANGE BARRICADE FENCING WILL BE
- MONITORING STATION INSTALLED AND MAINTAINED AROUND PRESERVE
Z TRANSECT WITH SJ~TIQNS~ ~ AROSODURING CONSTRUCTION.
~ MCZ Z
~ PRESERVE AREA MOIti[I?ORIItiIG MAP
~
~
~ ~°~S~~TA~TS. EVY CONSULTANTS, INC. JULY 20'i O
2°8, Ss,z,°
RE"" B°"D 26 FIGURE
;
g 772-287~8771 Fwx 772-287-2988
v 1NYIIW.EWCONSULTANTS.COM ~
~
-PRES E RVE AREA-
This area is a protected preserve area for
native vegetation and wildlife.
No alterations to this area are allowed without
prior permission from St. Lucie County
NO DUMPING ALLOWED
~
J ST LUCIE COUNTY
o PRESERVE SIGN
~
<
< CONSULTANTS, INC.
~ EW CONSULTANTS, INC. JULY 2O i O
~ 2081 SE OCEAN BOULEYARD, SUITE 2B
~ = STUART, F~oR?DA 34996 F'IGURE
~ : 772-287$771 FAX 772-287-2988
W WYVW.EWCONSULTANTS.COM ~
¢
a
N.T.S.
U nderstory
Callicarpa americana - American Beautyberry
Psychotria nervosa - Wild Coffee
Myrica cerifera - Wax Myrtie
Serenoa repens - Saw Palmetto
gal, 3' o.c. - 55 plants
~ .
.
~
~
~
~ .
Assorted Trees
Quercus laurifolia - Laurel Oak
Quercus virginiana - Live Oak
Pinus elliottii - Slash Pine
7gal, 20' o.c. - 1 tree
MCZ 200
< TYPICAL 500SF AREA -
~
<
W PRESERVE AREA REPL,AI`IT1NG PL,AN
~
W _
a CONSULTAHTSe INC.
~ EW CONSULTANTS, INC. JULY 2O i O
; 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
Z STUART, FLORIDA 34996
g 772-2s7-8771 FAX 772-2s7-2ssa
aW 1NWW.EWCONSULTANTS.COM ~
z
APPENDIX A
MCZ 1,200 MINE
EASTERN INDIGO SNAKE PROTECTION PLAN
CONSULTANTS, INC.
~
~
EASTERN INDIGO SNAKE
PROTECTION PLAN
MCZ 1,200 MINE
ACOE Permit App. No. SAJ-2008-0769
Prepared for:
MCZ/CENTRUM FARMS
Prepared by_
EW CONSULTANTS, INC.
June 2010
~ 2010 EW Consultants, Inc.
PURPOSE -
This Eastern Indigo Snake Protection Plan has been prepared to assist in educating
construction personnel before and during excavation activities scheduled to occur on
the MCZ 1,200 Mine site.
INTRODUCTION-
The MCZ 1,200 Mine site project includes the excavation of a 562.2-acre lake for
fill and rock material. It is located west and south of the C-25 Canal, north of
Orange Avenue (S.R. 68) and east of and adjacent to Minute Maid Road in
unincorporated St. Lucie County, Florida.
The Eastern Indigo snake is typically found in high, dry, well-drained sandy soils, in
the same habitat preferred by gopher tortoise. During warmer months, indigo snakes
may also be found in streams, swamps and flatwoods habitats. Gopher tortoise
burrows are used by many prey animals that are easily captured by the indigo snake
in the burrow. Indigo snakes also use the burrows as dens for cover and laying eggs.
Other potential dens are stumps of trees, cavities in the soil, and under piles of
debris.
IDENTIFICATION-
The Eastern Indigo snake is the largest non-poisonous snake in North America,
growing to a maximum of eight feet. The color of both adults and young is shiny
bluish-black (Figure 1) with some red or cream coloring on the chin or sides of the
head (Figure 2).
a ~ ~ ~ ~
;
- ~ ~,s,
r'
~
,s ~
.
~
t
, fi'~,
~
. , ;
~F.
!i~y
f', ,
'A~
1~ i~ts~ r f; 1~ z~~tc~s'a~ Ititli~P~i; `~ua~.e ~ ~
,~~'~:m~ -rr .
j~ s x;
y~~,` " ,
~ ~y`. ~ ~~'s .
„ ~
~ ' _ ~ s :
; ' u ~ ~
~ r ~
` .y
7
II Illi ~
I' i
ti
re
~ ' ~ ~
i~ *
91~Q"
;k~"
f S,~,M1 s~ .
L A
~ + w a~ ~ ~
x p~ ~
~ ~ . . au . ^ . ,
, . d . . , .
hS i. ~ y
. #+9f'~. S .
: ~
. ~~i~ r ~ - ~ - .
,
'i' ~ ' . ~::..i.
r~ 'k+r-
;
~ ~
~li
} Y
i
~ ~ ~
.J~ ° ' . fu~°
^ ~
Figure 2: Close-up on the head of an Eastern Indigo Snake
PROTECTION STANDARDS-
Every effort should be made to avoid harming any snake observed during the
excavation of the mine. The Endangered Species Act (ESA) of 1973 makes it a
violation to "harass, harm, pursue, hunt, shoot, wound, kill, capture, or collect
endangered or threatened species." Violations can result in fines of up to $20,000
and/or up to one year in prison.
Prior to the commencement of site altering activities, an on-site instructional meeting
will be conducted by a qualified environmental scientist or biologist with all site
foremen and equipment operators. An Eastern Indigo Snake brochure will be
distributed to supervisors and machine operators prior to the commencement of
clearing activities. A USFWS approved Eastern Indigo Snake Protection sign will be
installed at the entrance of the site, the permit box location, and in areas site alteration
activities occur. A copy of the brochure and the sign are included in this document.
Clearing activities must cease when an eastern indigo snake is observed on the
property and sufficient time should be given to allow the snake to move away from
the project site on its own before resuming site operations. If it appears that the site
activities will cause a violation of the ESA, construction must be stopped until the
proper action can be determined.
If all snakes are avoided, the danger of harming a protected species due to
misidentification is reduced. Any Eastern Indigo snake encountered during the
construction activity that does not leave on its own accord must be removed by a
qualified biologist. Only an individual who has been either authorized by a Section
10(a)(1)(A) permit issued by the Service, or designated as an agent of the State of
Florida by the Florida Fish and Wildlife Conservation Commission for such activities,
is permitted to come in contact with or relocate an Eastern Indigo snake. If a dead
Eastern Indigo snake is encountered, the dead specimen should be thoroughly soaked
in water and then frozen. If necessary, Eastern Indigo Snakes shall be held in
captivity only long enough to transport them to a release site; at no time shall two
snakes be kept in the same container during transportation.
REPORTING
Contact the following agencies if indi~o snakes are observed:
U.S. Fish & Wildlife Service: 1-772-562-3909
Florida Fish & Wildlife Conservation Commission: 1-800-282-8002
An eastern indigo snake monitoring report will be submitted to the appropriate
Florida Field Office within 60 days of the conclusion of land clearing. The report will
be submitted whether or not eastern indigo snakes are observed. The report will
contain the following information:
a. Any sightings of eastern indigo snakes;
b. Summaries of any relocated snakes if relocation was approved for the project
(e.g., locations of where and when they were found and relocated)
c. Other obligations required by the FWC, as stipulated in their permit
BROCHURE TO BE HANDED OUT ON-SITE
AND USED FOR TRAINING:
NON-POISONOUS
EASTERN IND1G0 SNAKES
PROTECTED
, ~ ~ ,
:
a
E
~ e , p~~ ~l;d ~
I
Created bv:
EW Consultants, Inc.
2081 SE Ocean Boulevard, Suite 2B
Stuart, FL 34996
Photos credits~ www.tws.aov & www.mvfwc.com
IDENTIFICATION
The Eastern Indigo Snake is the largest non-poisonous snake in North
America, growing to a maximum of eight feet. The color of both adults and
young is shiny bluish-black with some red or cream coloring on the chin or
sides of the head.
The indigo snake is usually found in high, dry, well-drained sandy soils, in the
same habitat preferred by the gopher tortoise. During warmer months, indigo
snakes may a~so be found in streams, swamps and flatwoods habitats. Gopher
tortoise burrows are used by many prey animals that are easily captured by the
indigo snake in the burrow. Indigo snakes also use the burrows as dens for
cover and laying eggs. Other potential dens are stumps of trees, cavities in the
soil, and under piles of debris.
PROTECTION
Every effort should be undertaken to AVOID HARMING ANY SNAKE OBSERVED
during the construction phase of the project.
The Endangered Species Act (ESA) of 1973 makes it a vio/ation to "harass,
harm, pursue, hunt, shoot, wound, kill, capture, or collect endangered or
threatened species. " Violations can result in ~nes of up to $20, 000 and/or up to
one year in prison.
Clearinq activities must cease whenever any eastern indigo snake is observed
on the property and sufficient time should be given to allow the snake to move
away from the site on its own before resuming clearing. If it appears that the
construction activities will cause a violation of the ESA, construction must be
stopped until the proper action can be determined.
Please drive slowly and cautiously to avoid running over snakes and
other potentially listed wildlife!
If all snakes are avoided, the danger of harming a protected species due to
mis-identification is reduced. Any indigo snake encountered during the
construction activity that does not leave on its own accord must be removed by
a qualified biologist. Only an individual who has been either authorized by a
section 10(a)(1)(A) permit issued by the Service, or designated as an agent of
the State of Florida by the Florida Fish and Wildlife Conservation Commission
for such activities, is permitted to come in contact with or relocate an eastern
indigo snake. If a dead eastern indigo snake is encountered, the dead
specimen should be thoroughly soaked in water, then frozen.
If necessary, eastern indigo snakes shall be held in captivity only long enough
to transport them to a release site; at no time shall two snakes be kept in the
same container during transportation.
REPORTING
Contact the followina apencies if Eastern Indiqo Snakes are observed:
U. S. Fish & Wildlife Service: 1-561-562-3909
F/orida Fish & Wildlife Conservation Commission: 1-800-282-8002
11 x 17 INCH SIGN TO BE POSTED ON-SITE:
~AS~'~~~ Il~1~G0 SI~A~f~ PR~
~~~~H
~ _
~ r?" Eashrn tndipo maka may be present on thic aih.
e
r Ihe eastem inctigo stale u a 1arge , docile, non pouonotu snai:e erowmg
~ E~"' ~ µ ~ o`~.,:, to a maaimum leugtl~ ef abovt 8~ee.t
. T6e colar in both t•aung and adults is shiny bhush-black, tincluciing fce
d
belly. nith sonx ried~araiu colonng about r3~e chin and sides of the head.
c+~ ~t~ " k
rr- . - r s r Ihe indigo .mai:e, is fouod ia high chr•, wYll-drained sandy soila Ihmn¢
k ~~aimes mooths mdi¢os also frequeni streams and s~~~antips. aud
1 incticiduals arn occasionalh foiwd in pine flarwoods. Gonlur tortoise
~ bl1iNR'S, Ottll'f iUbftlTdpla3l C213hl5_ decaved shuups and logs arr
r
'
i ' conm~ouly use~ as dens aud for eg~ laying.
";t $ p, r ~-;Y • r'1~~oid hamung eastem uuligo s~al:es or au~~ od~er ~e.
~ ~~r ` a ~ ~ ~ ` ~ ~ snake t~as fled the rea
~n¢ canstruchai. cease an}' actirity imal tlne
<a;~:R, ~~4~. - : If a drad sne~r is fovad cell ihe mfaeucrd aeeucies. 5oa}; th~e remaius w
C'Ile ~v~.~r~ a ma~ga saalu n~ da~,~.I-. n~ w a a;~ <..,,;;e 5mq ro- S leat b le~pi . . Ratti aIId $etR th! s~eciIDGxt uDIII it catY be
irtritved.
f( ""T" ~p, ' ~ I T'~~'q~';~ ~
Tna EndanSerad Speriar.icJ rES€r of l9'3 makas ir a ti~inimion :o "t~nmcc, Homi.
r
pirr,ua, hunr. ;boo!. un~urd. Mli, caFn,zc, or co:kri cndantarad ar r::rrn~onad spec~s.;...
6Sola~un: can rerulr in frnis ojup w Z: O. Gu'0 arid:
or uy ro ona i~xrr ix prio.a.
C:p~pct t6r foDo~vinLa~epries if easte~v indi~o snabrs are obsrr~-ed
-rs
or dead specimeos are discor•ernl:
S,` U.S. fish & ~l%ildlifr Senia: 7??-~62-39~9
,~t i e ` florida F1sU & ~G'ildlifr Crnuen ation Coiwnissiom SOR28~-B002
- ~ Od?' au ~adn~dr~at avo bes been atLec aurLonzed by a szcnoa l qaY.l hA;~ p~t issuec h.~
- t~.,sten udi~o suYes 1nY same u' e Seccic.~ a desiwcsd as. av a~em ot t~e Swte ofFlaeida 6:~ ~hr Fla¢~dz Fis~ aod R'~dzifie
r ed er crqe coloruE ~bont tYe ,oo;enatlom Cocmu;ian Eor such ~ca~i~es, r, pecm;ttad ro ca~e ia t~te:t wtth r, rtlocatt
~ # L r 6in aid sides o( the 6Nd. an eastmt roii;o ~ke.
D~ ~0~' HARM oR ~~tASS
APPENDIX B
MCZ 1,200 MINE
LAKE AREA MANAGEMENT AND
MAINTENANCE PLAN
LAKE RECLAMATION PLAN AND
LAKE AREA MONITORING AND MAINTENANCE PLAN
for
MCZ 1,200 Mining Operation
St. Lucie County, Florida
July 2010
The following Lake Area Monitoring and Maintenance Plan is provided for the MCZ 1,200
mining operation project. It is to be used in conjunction with the Littoral & Upland Transition
Zone Planting Plans (attached), the Preserve Area Management and Maintenance Plan, the
reclamation plans developed by the project engineer and the approved final construction
drawings. This plan combines the mine reclamation standards of Chapter 62C-36.008, Florida
Administrative Code and the standards set forth in the St. Lucie County Excavation and Fill
Ordinance.
Timing of Reclamation Acdvities -
In accordance with Chapter 62C-36.008, Florida Administrative Code, all reclamation activities
will be initiated at the earliest practicable time. The placement of the overburden will begin as
soon as practical after mining operations are no longer taking place along that section of the lake.
This placement will occur no longer than six (6) months after overburden becomes available and
mining operations are complete. Contouring of the overburden shall be completed no later than
six months after the overburden has been placed.
The requirements in subsections (7) and (8) Chapter 62C-36.008, Florida Administrative Code,
for treating final shorelines and sheer walls shall be initiated and completed no later than one (1)
year after the calendar year in which the length and final location of shoreline or dry sheer wall
was established and other mining operations have ceased in such areas. 'The Secretary shall
waive this requirement for any reasonable length of time when necessary to prevent unacceptable
contamination of the resource being extracted.
Re-vegetation activities consistent with the attached figures shall be initiated as soon as practical
and completed no later than one (1) year after the calendar year in which the final contours are
established in an area and re-vegetation activities would not interfere with mining operations.
Re-vegetation activities shall be completed within three (3) years of the final cessation of mining
operations.
As for St. Lucie County's Land Development Regulations, more specifically Section
11.05.11.C.3, reclamation shall occur within 12 months for a Class 2 mine following completion
or expiration of each phase of the excavation, cessation of mining operation, or expiration of the
pernut, which ever first occurs. This language is included on the engineer's reclamation plans,
as well.
MCZ 1200 LAMP July 2010 1
If mining operations temporarily cease for more than 24 months, the requirements of subsections
(7) and (S), Chapter 62C-36.008, Florida Administrative Code, will begin immediately and be
completed at a rate of at least 1,000 feet of shoreline or dry sheer wall per three-month period; or
the operator shall post a bond or other surety in an amount reasonably related to the cost of
completing reclamation and for the period of time the initiation of reclamation will be delayed,
both of which shall be acceptable to the secret
equivalent amount of non-mandatory land at the rate~specified bove.r shall begin reclaiming an
Compliance with the requirements above will be tolled by the length of time that a temporary
cessation results from attempts to obtain necessary permits for operations. The secretary may
waive the commencement of the requirements in above, for good cause for the length of time
necessary, up to a maximum of one year.
If mining operations cease, for whatever reason, for more than five (5) years at a mine, then all
of the requirements of this section shall be met. This period shall be extended for a maximum of
five (5) years when the cessation of mining is caused by governmental action during the review
of environmental pernut applications. However, the secretary shall direct the operator to
complete those reclamation activities necessary to protect the public health and safety.
The initiation and completion dates shall be determined based on information provided in the
annual reports and verified by the secretary.
Site Cleanun Provisions -
All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where
allowed by law, all visible debris, litter, junk, worn-out or un-useable equipment or materials, as
well as all poles, pilings, and cables. Large rocks and boulders shall be placed at the base of
sheer walls to the extent practical to provide fill for establishing acceptable slopes. Otherwise,
they shall be placed in common locations at the surface or buried to a minimum depth of four
feet.
All temporary buildings, pipelines, and other man-made structures shall be removed with the
exception of those that are of sound construction with potential uses that are compatible with the
reclamation goals.
Overburden varies widely from mine to mine and the management of overburden must be based
on site-specific plans. Therefore, in addition to providing soil for re-vegetation purposes,
overburden should be utilized to reduce the occurrence of slopes steeper than four horizontal feet
for each vertical foot.
: Erosion Control and Water Mana ement Provisions -
The operator shall use the best management practices to minimize erosion. The use of native top-
soils is encouraged, especially in areas reclaimed for aquatic or wildlife habitats. Where topsoil
is not used, the operator shall use a soil or growing medium, including amendments, suitable for
the type of vegetative communities planned. Long, continuous slopes should be avoided.
MCZ 1200 LAMP July 2010
2
Mulching, contouring, and other suitable techniques shall be used to enhance stabilization.
Should washes or rills develop after re-vegetation and before final release of the area, the
operator shall repair the eroded areas and stabilize the slopes. A suitable berm or back-sloping
shall be used along the tops of sheer walls above any required transition benches to prevent
uncontrolled surface runoff over the sheer wall.
Best Management Practices also apply to water quality within the mine so as to protect the health
of the littoral plant material. Turbid water will be kept to a minimum so that sunlight may reach
the littoral shelf floor promoting aquatic grass recruitment. The water level within the mine is
designed to a specific elevation. Such elevations will be staked along the littoral shelf in order to
provide the plant contractor a reference from which to install the appropriate plant material.
Should water level within the completed mine drop to elevations potentially harmful to the
planted littoral and upland transition zones, temporary irrigation will be established by using a
floating pump and spray rig situated within the lake. Water from the lake will be sprayed onto
the planted littoral and upland transition zones as needed in order to keep such plants healthy.
Re-Vegetation Provisions -
Reclamation shall include re-vegetation, with species native to the area, of littoral zones and
upland transition zones, in accordance with the attached figures. The operator has developed a
plan for the proposed re-vegetation, including the species of grasses, shrubs, trees, and aquatic
and wetland vegetation to be planted, the spacing of vegetation, and, where necessary, the
program for treating the soils to prepare them for re-vegetation. All upland transition zones must
have established ground cover for a period of at least one year after planting over 80 percent of
the reclaimed upland area, excluding roads, groves, or row crops. No barren area shall exceed
one-quarter (1/4) acre.
The littoral zones and upland transition zones have been designed to meet or exceed St. Lucie
County Land Development Code and Comprehensive Plan provisions. These provisions are
more stringent than the state of Florida's rules concerning littoral zones and reclamation for
limestone mines.
Water body shorelines shall be re-vegetated with a variety of native littoral zone species as
specified in the attached figures. The littoral and upland transition zone planting will be planted
no longer than 60 days after the fmal grade of 10 foot horizontal to one foot vertical (10:1) is
completed and certified along the specified zones.
The proposed littoral shelves are a minimum of 20 feet in width with a berm on the waterward
side. The shelves are not more than one foot below the design average low water level or higher
than one foot below the average water level. The elevation of the top of the berm is not higher
than one foot above the average high water level and the berm is to be cut every 200 feet to allow
exchange of water at low water levels. Such cuts are at least 10 feet wide at the top of the berm
and at least two (2) feet wide at the base of the berm per the engineering drawings.
MCZ 1200 LAMP July 2010 3
Installation of Native Plant Material -
The installation of the native plant material within the littoral zones and upland transition zones
will be in accordance with attached planting plans. Planting of such material will be conducted
at the appropriate time after which the lake banks are sloped in accordance with the approved
Final Construction Drawings. Plants are to be installed in accordance with the spacing and
quantities detailed on the approved figures. All plant material will be of appropriate type for the
soils found on site. An Environmental Professional familiar with littoral and upland transition
zone plant installation will oversee this activity.
Maintenance of Littoral and U land Transition Zone Areas -
The littoral and upland transition zone planting areas as shown on the attached planting plans
will be kept free of nuisance and exotic vegetation. All Category I and II nuisance and exotic
vegetation as listed by the Florida Exotic Pest Plant Council (Rule SB-57.007 FAC) will be
treated within such areas. All treatment will be through the application of the appropriate
herbicide approved for use within aquatic environments. The criterion for acceptance of
eradication far Category I and II exotic vegetation will be 100 percent treatment/kill and 95
percent treatment/kill for nuisance species. If initial efforts do not achieve this criterion, follow
up treatments will be conducted.
The criterion for acceptance of eradication for all exotic vegetation will be 100 percent
eradication. If initial eradication efforts do not achieve this criterion, follow up treatment will be
conducted. Transport of vegetative debris from the lake area to the staging area will be
conducted in a fashion that minimizes the distribution and dispersal of seeds from such debris.
No exotic or nuisance vegetative material will be left in the littoral and upland transition zone
azeas. All herbicide application activity will be conducted under the supervision of a Florida
Department of Agriculture licensed applicator, licensed for application of aquatic herbicides. All
herbicide applied within aquatic systems areas must be properly labeled for such use. All
herbicide applied must include a visible tracer dye in the mix to facilitate observation of treated
vegetation.
The vegetative success criteria for the littoral and upland transition zone areas are as follows:
- Within one year after planting occurs, at least 80% of the designated littoral and upland
transition zones shall be vegetated;
- Within one year after planting occurs, at least 70% of the designated littoral zone shall be
vegetated with native facultative or wetter vegetation as defined in Chapter 62-340 FAC
- Within one yeaz after planting occurs, at least 70% of the designated upland transition zone
shall be vegetated with desirable native upland species.
MCZ 1200 LAMP July 2010
4
Littoral and Upland Transition Zone Monitoring -
The littoral and upland transition zone planting areas as shown on the approved site plan will be
monitored annually for five (5) years to insure that that such vegetative success criteria
referenced below are being met.
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more total
vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period.
Additionally, any areas that have not achieved the 80 percent coverage requirement at the end of
two years will be recommended for supplemental planting to meet this criterion. The vegetative
success criteria for the littoral and upland transition zone areas include the requirement for
percent coverage of desirable vegetation as described previously by the end of the second year
(after installation) through the fifth year, and areal coverage of exotic vegetation at zero percent
and nuisance vegetation limited to five (5) percent or less. Maintenance of the littoral and
upland transition zone areas will be provided in perpetuity in accordance with permit
requirements. The applicant will be responsible for such activities until such responsibilities are
turned over to a similaz development organization.
It shall be unlawful to alter the approved slopes, contours, or cross sections or to chemically or
mechanically remove, damage, or destroy any plants in the littoral or upland transition zone
buffer areas of constructed lakes except upon the written approval of St. Lucie County, as
applicable. It is the responsibility of the owner or property owners' association, its successors or
assigns to maintain the required survivorship and coverage of the reclaimed upland and planted
littoral and upland transition areas and to ensure ongoing removal of prohibited and invasive
non-native plant species from these areas.
The schedule for conducting the proposed monitoring is based on the date of littoral and upland
transition zone planting. All reports are to be sent to the St. Lucie County Environmental
Resources Department. The following is the proposed monitoring schedule:
Activitv Date
Submit Baseline Letter* 1 Month after Plant Installation
Conduct and Submit 1 st Annual Monitoring Report 12 Months after Plant Installation
Conduct and Submit 2nd Annual Monitoring Report 24 Months after Plant Installation
Conduct and Submit 3rd Annual Monitoring Report 36 Months after Plant Installation
Conduct and Submit 4th Annual Monitoring Report 48 Months after Plant Installation
Conduct and Submit Sth Annual Monitoring Report 60 Months after Plant Installation
*Notice to County that planting is complete
MCZ 1200 LAMP July 2010 5
APPENDIX
LITTORAL AND UPLAND TRANSITION ZONE
SITE PLAN (FIGURES 1, 2A, 2B, 2C, 2D and 2E)
LITTORAL ZONE MONITORING MAP (FIGURE 2)
LITTORAL AND UPLAND TRANSITION ZONE
PLANTING PLANS (FIGURES 3A, 4A, 4B, and 4C)
LITTORAL ZONE CROSS-SECTION WITH
SUBMERGED BERM (FIGURE 3B)
LITTORAL AND UPLAND TRANSITION ZONE
ESTIMATED PLANTING COSTS (TABLE 1)
MCZ 1200 LAMP July 2010 6
330' FPL EASEMENT
LIMIT OF
LITTORAL
& UTZ
LEGEND
P~o.pos~o : 0 - LAKE (562.2 AC)
. .~DGEQF~.' - 20' UPLAND TRANSITION ZONE
. 1IVATER~. . ~ . ; . _ 20' LITTORAL SHELF
SEE DETAIL FIGURE 3A
~ TOTALS
~ Z 25,953 LF SHORELINE X 10'=
o V 259,530 SQ FT
Q
~ N
w U 6.0 AC OF LITTORAL ZONE
~ o REQUIRED
? ~ 6.0 AC OF UTZ REQUIRED
~ ~
~
20' UTZ = 6.1 AC
20' LITTORAL ZONE = 6.1 AC
LIMIT OF PL~
LITTORAL &
UTZ
~
~
0
Y
Q
J
J
~
~ ORANGE AVE
J
~ MCZ ~ 200 ~ LITTORAL & UTZ
.
Q ~oNS~~Ta„T5. ,N~. EVY CONSULTANTS, INC. .IULY 2O ~ O
~ 2081 SE OCEAN BOULEVARD, SUITE 26 FIGURE
~ ~ STUART, F~oRIDA 34996
°o
N 772-287-8771 Fnx 772-287-2988 ~
V WWW.EWCONSULTANTS.COM
~ -
FLORIDA'S TURNPIKE
330' FPL EASEMENT
LIMIT OF
LITTORA
UTZ
20' UPLAND TRANSITION ZONE
SEE DETAIL FIGURE 3A
KEY
SHEET
2A
. RQi?fSa.ECI: .
26 : ED.G~ :QF: .
2C ~iIVAfi~~;:.~:.::: Q
2E 2D Z
~ Q
~ U
~ ~
Q N
~ U
~
H ~
~ ~
Z : .~~~1TT~F2i4L: . . ~
~ SHE~F.~.~:;:~:.::. ~
0 2000
~ ~
L E G E N D SCALE IN F'EET
LAKE LIMIT OF
562.2 /~C LITTORAL & UTZ
~ ~ SEE DETAIL PL
~ - MONITORING FIGURE 3A
a STATION
<
~
Y TOTALS ORANGE AVE ~
= 25,953 LF SHORELINE X 10'= 259,530 SQ FT
~
J
Q
~ 20' UTZ = 6.1 AC
= 20' LITTORAL ZONE = 6.1 AC
N
~ MCZ ~ 200 ~ LITTORAL & UTZ MAP
;
~ CONSULTANTS. ~N~. EW CONSULTANTS, INC. .IULY 20'I O
~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
7
$ " STUART, F~oRIDA 34996
~ 772-287-8771 Fax 772-287-2988 ~
~ _ , W1NW.EYVCONSULTANTS.COM
i
~ FLORIDA'S TURNPIKE cNORTHOFC-ZS>
T - - - - - - - - - - -
'
; 330' FPL
~ EASEMENT
~
I
- - - - - - - - - - - - - - - - - -
I
~ J
i Q
i
~ Z
i Q
i
~ V
~
~ ~
~ N
~ U
~
~ ~
~
' 20' UPLAND TRANSITION ZON ~
~
~ SEE DETAIL FIGURE 3A ~
~ ~
~
~
i
i ~ .
.
~ ; I \
; ; I ~ ~
~ i ~ ~ ~
~
~ ; j 20` L~TTORAL.SHELF-~
~ ' ~ SEE DETAIL ~FIGURE 3A . ~
,
, ~J.
~
,
~ ~
' ~ PROPOSED. I ~
,
~ EDGE.OF PL
~ WATER ~ ~
~
, . .
,
.
~ ---SHEET 2A_
-
~ . ~ SHEET 26
: LEGEND
0 400 2C KEY SHEET 0- LAKE (562.2 AC)
1SCALE IN FEET, 2~::': 2D ~ ' MONITORING
STATION
<
N
~ MCZ ~ 200 ~ LITTORAL & UTZ
;
Q CONSULTANTS. ~N~. EVY CONSULTANTS, INC• v/ULY ZO ~ O
K 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
= STUART, FLORIDA 34996
0
N 772-287-8771 Fau 772-287•2988
° 2A
v WWW.EWCONSULTANTS.COM
~ -
~ . '
I . ~ I1
~ ~ SHEET2A
i. ' ' ~ SHEET 2B -
.i .
I . '
I • ' I
~
' 20' UPLAND TRANSITION ZONE j~
. SEE DETAaL FIGURE 3A ~ ~
~
, . ~ ,
~ ~ ~
i ~ ~ . ~i Q
~i . ~ ~ i U
~ . ~ i ~
i~ ~ ' ~ i N
..i • • ~ ~ V
; . li ~
~ ~ ~ ~ ~I~ ~
, . . . PROPOSED. ~ ~ ~
~ EDGE O_F . ~ ~ ~ u~
~
~ ~ ~ WATER ~ ~
_ . I~
~ ~ ~ . . li
~ ~ 20' ,LITTORAL SHELF
~ ~ . . SEE DETAIL FIGURE 3~-~I ;
. . I ~
,
. ,
; ~ ~ ~i
, . ~fi
~ ~ i?
. ~ . ~ ~
, ~ ~
. .
, . ~ PL
. ~ ~
~ ~
, ~
~
, . .
, ~
~ . .
, ~ ~
~ ~
SHEET2B -
- -
~ ~ SHEET 2C
2A LEGEND
0 400 ~ KEY SHEET LAKE (562.2 AC)
SCALE IN FEET 2;:...:, o - MON ITOR I N G
STATION
m
N
~ MCZ 'I 200 ~ LITTORAL & UTZ
3
Q CONSUL7ANT5. ~N~. EW CONSULTANTS, INC. .1ULY 20'I O
~ ~ ~t 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
0o STUART, FLORIDA 34996
~ = 772-287-8771 Faac 772-287-2988 ~ B
~ WWW.EWCONSULTANTS.COM
. ~
~ SHEET2B_
J----=------=--------------=------= .
i t~ SHEET2C
i . ~i
i . . ~i
i ~
i ~i
i. . ~i
; PROPOSED ~
; ~ ED~E OF ?
,
, WATER ~ I ;
, i~
, . ~
i
, ~
, .
, . . ~
, . ~
. . I ~ . 20,
~
~ . . . i
UPLAND
~ ~ ; TRANSITION ~
~ ,
. ~ 1 ; ZONE z
i ~ . ~ i ~ SEE U
. ~ ~ DETAIL N
~ ~ ~ ; FIGURE v
~ . I ~ 3A o
, i~ ~
, ~
~ ~
~ ~ ~
, . ~i ~
, ~
~
' ~ ~ ~ ~i
~ ~ 20' LITTORAL SHELF ~
~ ~ SEE DETAIL FIGURE 3A ~ ~ PL
i ~
~ ~
. ~
'
~ ~ ~ i SHEET 2C
-
SHEET 2D
A LEGEND
B KEY SHEET 0- LAKE (562.2 AC)
0 4°° : c - MONITORING
~ ~ 2:..,;p
SCALE IN FEET STATION
U
N
~ MCZ 1200 ~ LITTORAL & UTZ
~ CON5ULTANTS, ING.
Q EW CONSULTANTS, INC. JULY 201 O
~ ~ 2081 SE OCEAN BOULEVARD, SUITE 2B
~ FIGURE
~ STUART, FLORIDA 34996
°o ~
N 772-287-8771 FA~c 772-287-2988 ~ G
N W W W.EWCONSU LTANTS.COM
U
3 .
~ . . .
~ ~ ~ _ ~ SHEET 2C
- -
' i . ~ ' ~ SHEET 2D
i . ~i
i ~ ~i
i ~
i ~ . i
i
i . PROPOSED ~ ~ i ~
EDGE OF ,
; . ~ WATER ~ j ;
,
; . . ~ ~ ~ ~
i . . J
i ~i Q
i Z
~ ~ ~ ~ . ~ Q
, . . ~ PL V
, . . ~ ~
; ~ . ~ ~ i c~1
~ I~ U
~ ~ . . ~ 20' LITTORAL SHELF--~ ~ ~
I SEE DETAIL FIGURE 3A
, . I ; I~i
. ~
. . ~
' .~i
~
i. - ~i
; . ~ 1~
; ~ .
j
~
~ ,
, . . .
. .
, . . . ,
, . ,
, ,
~ , 20' UPLAND
N -
~ -
- = = ~ TRANSITION
~
W;W ZONE
SEE_DETAIL - -
' FIGURE 3A
ZA LEGEND
0 400 ~ KEY SHEET LAKE (562.2 AC)
tSCALE IN FEET' z:~:~::~~ o - MONITORING
STATI ON
0
N
~ MCZ 'I 200 ~ LITTORAL & UTZ
;
~ CQNSUlTAN75, ~N~. EW CONSULTANTS, INC. JULY 20 i O
~ ~l ~ 2081 SE OCEAN BOULEVARD, SUITE 2B p~GURE
7 STUART, FLORIDA 34996
°o ,r~ .
~ _ 772•287-8771 Fax 772-287-2988 ~ D
v W W W. EWCON SU LTANTS. COM
~ -
~ i SHEET 2
^ i SHEET 2D
. i
0 i
~ ~ . i
i.
i
~ ~ ~
Q i
~ ~
. i
W ~
F~-- . ~
~ ~
Z ~
~
,
~ PROPOSED ~ ;
EDGE OF . . ~ . ~
~
WATER ~ . ;
.
, .
. ,
~
. ~
. ~
,
,
,
~
. ~
L ~
. ,
,
. ,
~
~
,
,
. ,
,
~
. ~
20' LITTORAL ~
SHELF '
20' UPLAND ~
TRANSITION ZONE SEE DETAIL y
SEE DETAIL FIGURE 3A ~ ;
.``~.__~i~~~ i
~
FIGURE 3A ~ ~
~
~
~
2A LEGEND
0 400 : ~ KEY SHEET 0- LAKE (562.2 AC)
ISCALE IN FEET' 2 D /`t? ' MONITORING
STATION
W
N
~ MCZ ~ 200 ~ LITTORAL & UTZ
3
~ CONSULTANTS. ING, EW CONSULTANTS' INC. JULY 2010
~ 2081 SE OCEAN BOULEVARD, SUITE 2B F~GURE
= STUART, FLORIDA 34996
o
N 772-287-8771 FAx 772-287-2988 ~ ~
~ W W W. E WCONSU LTANTS.COM
~ _
20'
LITTORAL
20~ SHELF
LAKE
UPLAND ,
~
TRANSITION Littoral Zone Ground Cover
~ ~ ,
ZONE ~ ` ~ BR - 2' o.c.
~ ~ ~
~ , ~
, , ,
~
~ ~ , ~
~ , ~
~ ~ , , ,
~ ~ , ,
~ ~ , , ~
- , ~
~ ~ ~
~ , ,
~ ~ ,
~ ~ ~
, , ,
, , ,
~
, ,
~ , ,
~ ~ ~ , ,
~ , ,
~ , ~
~ ,
~ ~ ~
Upland Shrubs and Ground ~
~
Cover -1 gal, 3'o.c. i ~ ~ ~ ~ ~ ~
~
~ ~ ~ ~ ~
~ ~ ~ ~ ~
~ ~ ~
~ ~ ~ ~ ~
~ ~ ~
~ ~ ~
~ ~ ~
~ ~
~ ~ ~
~ ~
Trees
7 gal, 20~ O.C. CONTROL
ELEVATION = 18'
PLAN VIEW TYPICAL
UTZ 8~ LITTORAL ZONE
N.T.S.
J
Q
F
W
O
<
n
~ MCZ ~ 200 ~ LITTORAL & UTZ DETAIL
;
~ ~oNS~~TANTS. ~N~. EW CONSULTANTS, INC. JULY 201 O
o ~
~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
7
=w , -
o - STUART, F~oRIDA 34996
0
N 772.287~77, F~UC 772-28~.2988 3A
~ _ W W W. EWCONSU LTANTS. COM
I.ICZ 1200 LJTTORA~.dw Fi 38 DETAI~
~ N
'.o~~,.'
r
N ~
~ ~ ~ `(il JTl ~l'1
_ ° ~r ~
; , N
~T ~
V D F~ 4_~ c tra s~ a~4 ~ t~ .1~.~ ~QE ~ { r~ ~
r' r- Ga¢a <`r ;4i~;'~+ . te t r< i< °rt '~~~t Q~, :agz'd , i~ N~ CTry
Z D ~ Sd d ..~k ! 4 6 N~~ C ~t~ N~ D
~ ~dy4 f*R Ffi ~ '.tt 1t ~<< ~~k~a ? ~ ~ Ff d a i
Z f
~ ~ ~ ~ 4 ~~c.~ A4 ~ ~e%t ' i _ ~ A1'~ a .;~c 4 s4 .e ~ ~x(
1~~ ~ 544~6 d 6 t{ ~1,~~<d f? dt~. 'S4 !qO T Qeyt K ~Y p`Z! Y<<1. ~ L
m N < ~ # <
< < . s . { z < < ,.s .t sa
A 8 4 ~f { 6 'Y4 I6 S < ¢d b < C ~1 ~ > ~
~ ~a5 .~'s~ ~Q~ {i4E 1~14 ~iKa i~~< (y i'~ 4ik''~ "F d < et.~ i
/1/~ ' 4f ~ x<k t .fy4 K ! . . t~f~ { ~i~ [ F
~;,~,Q ;~~<~.d E i~1~Ed~y.Ed~a~f~e~i~f~< lAa~¢~Sa ~.t. ~~~<<`.~i~~t t f
W ry ~N
r.~, f ~ y.r ~ ~ O
T 1
1 ' 1 ~ . Vl__ . ; ~ ~ Z ~
~ W. ~ ~ ~
_ m ~ _ _ ~ ~ i m 1 rD
~ _ _ _ ~ m_ _ ~ ~ o Z
. _ Z_ ~ m. z o
__~_~o_._ #
~ _ p R
_ . . v~ . .__A .
. ~ Y ~
~
0
tn r
m~
r~
~
~
~ A ~
~ , ` m~ ~
<
D o ~b ~ c~ m ,
r ' ^~v m~ Z~~
~ , . DC ~ m~
rn
~ ~ m m D ~
Z ~ . . < ~
m ~ < ~ ~
r0 r
~
r . No r Z~T m ~
~ m _ . . r
~ ~ ~ ~
~ m ~ ~ . . cn ~
s m - ° ~nc
~ ; ; A Z c~ . ~
E~~~ C ~ ~ ~ Q N
_ ;o ~ ~
F O Z ~
a N
s~~~ i ~ Z "
s~ ~ ~
~ " ,
' ~ C~ - :I7
~ ~
~ .
W~y z .
mo
W ~ N
0
UPLAND TRANSITION
ZONE PLANTING MATERIALS
Trees - 7 gal, 20' o.c.
Pinus elliottii densa - Slash Pine
Quercus virginiana - Live Oak
Taxodium distichum - Bald Cypress
Acer rubrum - Red Maple
Sabal palmetto - Sabal palm
Quercus /aurifolia - Laurel Oak
Magnolia virginiana - Sweetbay
Persea pa/ustris - Redbay
llex cassine - Dahoon Holly
Upland Shrubs and Ground Cover -1 gal, 3' o.c.
Serenoa repens - Saw palmetto
Andropogon virginicus - Broomsedge
Eragrostis elliottii - Eiliott's lovegrass
Eragrostis spectabilis - Purple lovegrass
Muhlenbergia spp. - Muhly grass
Myrica cerifera - Wax Myrtle
Spartina bakeri - Sand Cordgrass
NOTE: NOT ONE SPECIES TO EXCEED 25% OF OVERALL PLANTING MATERIAL.
REFERENCED SPECIES MAY BE SUBSTITUTED WITH OTHER APPROPRIATE
NATIVE SPECIES BASED ON AVAILABILITY.
a
` Mcz ~ Zoo
~
~
~ UTZ PLANTII`IG MATERIAL
;
J CONSUITANTS, EW CONSULTANTS, INC. .IULY 20'I O
<
~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
7 STUART, F~oR~oa 34996
0
772-287-8771 F.e.7c 772-287-2988 f~ a
~TA
~ . WWW.EWCONSULTANTS.COM
~
LITTORAL ZONE PLANTING MATERIALS
Littoral Zone Ground Cover - BR, 2' o.c.
Cladium jamaicense - Sawgrass
Pontederia cordata - Pickerelweed
Sagittaria lafifolia - Duck potato
Panicum hemitomon - Maidencane
Utricularia spp. - Biadderwort
Eleocharis ba/dwinii - Roadgrass
Eleocharis cellulosa - Gulf Coast spikerush
E/eocharis interstincta - Knotted spikerush
Scirpus californicus - Giant bulrush
Scirpus validus - Soft-stem bulrush
Spartina bakeri - Sand cordgrass
Juncus effusus - Soft rush
Sagittaria /ancifolia - Arrowhead
Rhynchospora spp. - Beaksedge
NOTE: NOT ONE SPECIES TO EXCEED 25 % OF OVERALL PLANTING MATERIAL.
REFERENCED SPECIES MAY BE SUBSTITUTED WITH OTHER APPROPRIATE
NATIVE SPECIES BASED ON AVAILABILITY.
a
m Mcz ~ zoo
~
~
~
` LITTORAL PLANTII`IG MATERIAL
~ COHSULTANTS. ING.
; EW CONSULTANTS, INC. JULY 2O ~ O
<
~ a~~ 2081 SE OCEAN BOULEVARD, SUITE 2B F~GURE
~ STUART, FLORIDA 34996
~°v 772-287-8771 FAx 772•287-2988
o
~ , " YVVI(W.EWCONSULTANTS.COM
~
. . ~~w.__~__ ~ _ _ . . _ .
~
;MCZ 1,200 LITTORAL AND ~
. , .
, _
"UPLAND TRANSITION ZONE ~ TABLE 1
__.__..~__..___W _ .
3 PLANTING LIST AND COSTS
_ . ;
;6.1 acres of Littoral zone
r_...y _,_..4~...__ 3.,...,.-_.... + _...__._.....,~...-i
;6.1 acres UTZ ;
'i.._....v.~,_..~..~....._ . 'i_ ~ r , .
.
, . . . Y i
~ ,('.._.._,v,............,.r...._.
' Littoral Zone Plants BR 2' o.c. ~ ~ = Plant Type Quant. ;
ya..._....._.._......~.._,..,..""'.,.... ,.u . 5.....,..._~....,.~...».-...~.....~
FPanicum hemitomon ,Maidencane ~ 4,200
, _ . . ~
; Cladium ~amaicense ~ ~ Sawgrass ; 5,200 ;
r_~. ~
i Eleochans baldwrnn ~ S ikerush ~ 4 800 ;
~ _ . _ . . p
. .
'Spartina bakeri ~Sand cordgrass 4,800 ~
_ ~ _ ~
~Juncus effusus iSoft rush 4 500 4
_ _ . . _ .
y Pontederia cordata ~ Pickerelweed 4,800 ;
- __#_.___._~_.._____..--~_..__3
'Sagitfaria lancifolia Arrowhead ; 4,500
~Scirpus validus Y ;Soft-stem bulrush 5 500 ;
F._._~..____._~W_ _ _....y._~__~_-,
!Eleocharis cellulosa ;Gulf Coast spikerushi 4 800 ;
w__
. # 4, 800 3
Eleocharis interst~ncta oKnotted spikerush `
~ .___._.__._u.-~
Scirpus californicus ~ ;Giant buirush ~ 5,500
__~.____.:___....__Y_
, Sagittaria latifolia ~ Duck potato 4,800
_ _ _ _
; Rhynchospora spp Beaksedge 4,150 ~ ~
t _..s~ _ ~
~ Utricularia spp. ; Bladderwort ~ ~ ~ 4,150 ~ ?
~ ,
; ..-_~___._.____....__...__.~.._.._.___~____..__,___------_______~.__~___.________~___..__.t_._.____~_,_..._.,
~ ~ ( I
~
, .
° `
. ~ r___._.__. ;
; ~
t----------~.___.~---------....~_ _ _ _ ~
jUPLAND TRANSITION ~
_ _ ;
~ZONE PLANTING MATERIALS ~ ;
~ _ .
Canopy Trees - 7gal, 20' o.c. ~ Plant Type Quant j
. ~ _
Pinus elliottii densa ~Slash Pine 1 90 ~
~
_ _ _ . -
Quercus virginiana jLive Oak ; 60 ?
l---- _ _ - -
~ Quercus launfolia ( Laurel Oak ; 80 a
Saba/ palmetto Cabbage Paim ; ` ~ `
- 130
iA~^ cer.rubrum :Red Maple ~ ~....,_60..._..._~
; Taxodium distichum `~Bald Cypress ~ 70 i
Ma~ gnolia virginiana zSweetbay Y 50 I
_
,P~ ers_ea palustris . _r _ Redbay . 50._..._~
_
; llex cassine ~ Dahoon holly ~ 80 ~
. .
-
~..~..~_._r______.~_____.._~____~_.__..._.__~....___._.-u.___ ;
~U land ShrubslGround Cover - 1 ~
p gai, 3' o.c. ~
_~___.~.~j
~Serenoa repens ~ ~Saw paimetto 4,970 #
~ r..____r_.__
~ ~
~Andropogon virginicus ~Broomsedge ~ 4,950
. . __~.r
Eragrosbs elliottii ~E~ IliotYs lo~egrass ! 4,970 !
Eragrost~s spectabilis [Purple lovegrass ; 4,950 ~
_._---~__M... __.____~~.__n._
Myrica cerifera ;Wax Myrtle ; 4,970W~ ~
~
Spartina bakeri ?Sand Cordgrass ; 4,950 j
<
~ MCZ ~ 200
~
~
~ LI7TORAL PLAI`ITIItiIG MATERIAL
;
Q COtiSUtTANTS. ~N~. EW CONSUL7ANTS, Iivc. JULY 20 ~ O
~ 2081 SE OCEAN BOULEYARD, SUITE Z,B
~ FIGURE
o STUART, FLORIDA 34996
N 772-287-8771 FAx 772-287-2988
v W W W. EWCONSU LTANTS.COM
~ _ _ .
MCZ 1,200 LITTORAL AND
UPLAND TRANSITION ZONE TABLE 1
PLANTING LiST AND COSTS
6.1 acres of Littoral zone
6.1 acres UTZ
Littorai Zone Plants - BR 2' o.c. Plant Type Quant. (incl. install) Total
Panicum hemitomon Maidencane 4,200 $0.60 $2,520.00
Cladium jamaicense Sawgrass 5,200 $0.60 $3,120.00
Eleocharis baldwinii Spikerush 4,800 $0.38 $~,800.00
Spartina bakeri Sand cordgrass 4,800 $1.20 $5,760.00
Juncus effusus Soft rush 4,500 $0.60 $2,700.00
Pontederia cordata Pickerelweed 4,800 $0.60 $2,880.00
Sagittaria lancifolia Arrowhead 4,500 $0.60 $2,700.00
Scirpus validus Soft-stem bulrush 5,500 $0.60 $3,300.00
Gulf Coast
Eleocharis cellulosa spikerush 4,800 $0.60 $2,880.00
Eleocharis interstincta Knotted spikerush 4,800 $0.60 $2,880.00
Scirpus californicus Giant bulrush 5,500 $0.60 $3,300.00
Sagittaria latifolia Duck potato 4,800 $0.60 $2,880.00
Rhynchospora spp. Beaksedge 4,150 $0.60 $2,490.00
Utricularia spp. Bladderwort 4,150 $0.60 $2,490.00
Total $41,700.00
UPLAND TRANSITION $ Each
ZONE PLANTING MATERIALS
Canopy Trees - 7gal, 20' o.c. Plant Type Quant. (inct. install) Total
Pinus elliottii densa Slash Pine 90 $22.50 $2>025.00
Quercus virginiana Live Oak 60 $30.00 $1,800.00
Quercus laurifolia Laurel Oak 80 $22.50 $1,800.00
Sabal palmetto Cabbage Palm 130 $37.50 $4,875.00
Acerrubrum Red Maple 60 $22.50 $1,350.00
Taxodium distichum Bald Cypress 70 $30.00 $2,100.00
Magnolia virginiana Sweetbay 50 $30.00 $1,500.00
Persea palustris Redbay 50 $30.00 $1,500.00
llex cassine Dahoon holly 80 $22.50 $1,800.00
Upland ShrubslGround Cover - 1 gal, 3'
o.c.
Serenoa repens Saw palmetto 4,970 $7.50 $37,275.00
Andropogon virginicus Broomsedge 4,950 $3.75 $18,562.50
Eragrostis elliottii Elliott's lovegrass 4,970 $3.75 $18,637.50
Eragrostis spectabilis Purple lovegrass 4,950 $3.75 $18,562.50
Myrica cerifera Wax Myrtle 4,970 $3.75 $18,637.50
Spartina bakeri Sand Cordgrass 4,950 $3.75 $18,562.50
Total $148,987.50
GRAND
TOTAL $190,687.50
1
Jeffrey Johnson
From: Mark Satterlee
Sent: Monday, November 29, 2010 4:00 PM
To: Kara Wood; Jeffrey Johnson; Ron Harris; Michael Powley
Cc: Frannie Hutchinson; Daniel Mclntyre; Faye W. Outlaw; Lee Ann Lowery; Liz Martin
Subject: RE: Orange Avenue Rock Mines
Jeff -~lease inciude this (anu any others we receive} as part of the pubiic record for this application and include in t~e
BoQrd's packet.
Thanks, Mark
Mark Satterlee, A~CP, Director
Pla~~~-~r~g & Development Se~-ices
St Lucie County, Fiorida
i 72.~622822
satterleem@stlucieco. arg
From: Liz Martin On Behalf Of Frannie Hutchinson
Sent: Monday, November 29, 2010 3:29 PM
To: Daniel McIntyre; Faye W. Outlaw; Lee Ann Lowery; Mark Satterlee
5ubject: FW: Orange Avenue Rock Mines
FYI
Liz
From: Donald Starr. Jr. [mailto:destarrjr@sbcglobal.net]
Sent: Monday, November 29, 2010 3:17 PM
To: Chris Dzadovsky; Tod Mowery; Paula Lewis; Frannie Hutchinson; Chris Craft
Cc: Donald Starr. Jr.; Marc & Amanda Casalino
Subject: Orange Avenue Rock Mines
i am strongly opposed to any rock mine activity in the vicinity
of Orange Avenue.
1 am very concerned with the affects the mines will have on the
surrounding area.
The area is now agricultural and residential, and should stay as it is
at present.
The affects on the area over the proposed finrenty year mining
period:
~
1
~ 1. Lowering and polluting of the water table.
2. Extreme dust created by the mining operation.
3. Extreme lowering of existing property values.
4. Noise generated by the machinery used in the mining
operation.
5. Noise generated by the sub-contract delivery trucks used for
transporting for mined material.
6. High piles of dirt, to the height of 50 feet, which will be easily
seen over the top of the
mining companies proposed barricades.
7. Heavier than normal use and wear on the roads in the
surrounding area.
8. Inadequate revenue to repair the damage to the roads caused
~ by the mining companies
~ sub-contract delivery trucks. (Therefore, the taxpayers will be
paying for the repair and/or
replacement of the roads. )
9. Long hours of operation of the mines.
~ 10. Infection to the cattle on the surrounding ranches, caused the
cement like dust generated from the
mining operation. This dust will be covering the grass that is
eaten by the cattle. (The mining companies
4 will be liable for the financial loss to the ranchers resulting from
the death of cattle. )
11. All roads in the surrounding area, are under sized and
inadequate for the number and size of the
I sub-contract delivery trucks that witl be on our roads.
~ 12. Extreme increase in the volume of tra~c on the surrounding
roads, causing safety issues to the school
children that are transported to and from area schools by the
county buses.
13. Safety issues to the public in general caused by the sub-
contract mine material delivery trucks.
14. There is no where for any vehicle to pull off of the roads, in
emergencies, because of no paved shoulders
to the sides of the area roadways.
~ 15. Because of the mine delivery truck drivers all being sub-
3 contractors, and paid by the load, the drivers
~ will all be in an extreme hurry. (More loads, more money.)
~ Therefore, the drivers will not pay any attention
~ to the posted speed limits on our area roads. Presently, the
~ speed limits are not adheared to by the
~ general public. Think of how the speeding situation will be
z
when there is money involved in the equation.
I am sure that the sub-contract drivers will want to earn as
much money as possible, in as short of time
as possible.
Again, I am asking you to not approve any rr~ining operation in
the Orange Avenue area, as did the St. Lucie County Zoning
Commissioners.
In closing, I am sure that you would not want this type of
business in your backyard.
Best regards,
Donald Starr, Jr., Registered Voter
901 Casalino Road
Fort Pierce, FL 34945
Tele: (772) 882-8985
~
3
ITEM NO~ .~~~-B
r
~ . . •.i,. } DATE: 8/19110
~ AGENOA REQUEST REGULAR ~ l
~ ' ~ '
: : , , tL..:~
PUBLiC HEARING ~ X )
LEG. ( 1
QUASI-JD ( X 1
CONSENT ~ 1
~ Planning and Zoning Commission PRESENTED BY:
Jeffrey Johnson
SUBMITTED BY: Planning 8~ Developmerrt Services Department Senior Pianner
SUBJECT: Petition of MCZICentrum Citrus FaRns, LLC for a Conditional Use Permit to allow
for a mining operation.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: June 17, 2010. Continued to August 19, 2010 meeting.
RECOMMENDATION: Forward to the Board of County Commissioners a reoommendation for Board
adoption of Resotution No.10-102 graMing approval.
COMMiSS10N ACTION:
( ) APPROVED ( ) DENIED
( ) OTHER
~oordinatioNSianatures
County ( X) County Surveyor ( X)
Attomey
. Daniel S. Mclntyre Ron Harris
County ( X ) ERD ( X ) "
Engineer
Michael Powley en Smith
Originating (X ~ ~
Dept.
Mark Satterlee
I
,
~
Planning and Development Services
~ ~,.,,._.~A ~.,a . : ~ Department
~
' ' ~ • SUPPLEMENTAL MEMORANDUM
...,:fr ~ , .x . ~ , ...w ~a .
TO: Ptanning and Zoning Commiss~on ~
THROUGH: M~rlc Satteriee, A1CP, Ptanning $ Development Services Director
Kara Wood, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: August 19, 2010
SUBJECT: Petition of MCZICentrum Citrus Farms, LLC for a Conditional Use Permit to allow
for a mining operation.
FILE NO. CU 220081426
ITEM NO. Iil-B
BACKGROUND:
This petition originally was presented to the Planning 8 Zoning Commission on June 17, 2010. The
Item was continued to the August 19, 2010 meeting to allow additional time for the appiicant to conduct
research, address public concems associated with the operational aspects of the mine (tr~c, noise,
buffering, hours, etc.), evaluate altemative truck routes, as well as hold an additional neighborhood
meeting.
An initial neighbort~ood meeting regarding the proposed mine was conducted on April 22, 2010. The
applicant held a second neighbofiood meeting at the subject property on July 13, 2010. Notices for the
second meeting were sent to sixty-six (66) property owners, including those along the Sneed Road
corridor. Twelve (12) individuals attended the meeting where the applicant presented alternatives to
minimize the impact of the proposed mining operation on property owners along the proposed trudc
hauling routes. The appiicant submitted revised materials and plans to County staff on July 23, 2010 for
further review and analysis.
To address the concems of some area residents, the applicant has proposed Sneed Road as a possible
altemative truck route to Orange Avenue. Both route scenarios are analyzed in the updated submittal.
The applicant is also proposing to limit the amount of material excavated and removed from the site to
750,000 tons per year. The applicant indicates this will resuit in 138 trucks (276 trips) per day,
approximately one-quarter of the amount of trudc traffic previously proposed. Furthermore, the applicant
is proposing to address other on-site and off-site traffic concems raised by the public with additional
conditions of app~oval and mod~cations to pians.
Subject: MCZ/Centrum Citrus Farms, LLC
August 19, 2010
Page 2
The table below is a comparison of data that was obtained to evaluate the impacts along both truck haul
routes. As shown, the impacts on the number of driveways, school bus stops and vehicular accidents
are reduced along the Sneed Road comdor.
Table 1
Trudc Haul Route Impacts
Ora e Avenus Sneed Road
Roadwa Width 24 feet 20 feet
Drivewa s' 144 55
School Bus Sto s`* 27 ~
Vehicular Accidents*** 138 26
Sources: * St. Lucie County Road and Bridge Dept.
St. Lucie County School District
St. Lucie County Road and Bridge Dept. Traffic Accidents (2007 - present).
Off-Site Imoacts
Trans~ortation Imarovemerits
The Florida Department of Transportation (FDO~ is cuRently designing shoulder improvements along a
4.5 mile stretch of Orange Avenue between Kings Highway and Shinn Road. Proposed improvements
include a five (5) foot paved shoulder and a three (3) foot stabilized area. The date of completion for
these improvements is uncertain at the present time.
In the interim, the applicant is proposing t~ansportation improvements for both truck haut routes. The
proposed improvemerrt to Orange Avenue is the replacement of 13,500 feet of guardrail along the north
side of the highway from Minute Maid Road east to approximately 1,400 feet east of Knight Road. Also,
proposed is 4,000 feet of shoulder improvements #rom Shinn Road west to Trowbridge Road. Sneed
Road improvements consist of the ~eplacemer~t and improvement of culverts. The location and number
shall be ident~ed by the Public Woiics Department through the mining peRnit review process.
The applicant is proposing to pay a"per-ton° hauling fee to the County for maintenance of County
Roads. The basis for this fee is the accelerated reduction in the typical pavement life due to the usage
of heavy tn.icks. The Public Works Depa~tment is in the process of reviewing and evaluating this form of
assessment. The fee shall be determined through the mining permit review process and would be used
for road maintenance and upgrades. In addition, the Public Works Department will be requiring the
applicant to hire a civil engineer to conduct an annual pavement analysis of the roadways.
Proaortionate Fair Share Contribution
A proportionate fair share calculation was performed relating to the impact of peak hour project tr~c
upon the Kings at Orange Avenue intersection in a February 18, 20101etter from Susan O'Rourke, P.E.
The calculation was based upon a 134 peak hour trip generation rate and was deemed acceptabte by
County staff. With a proposed reduction to 72 pm peak hour t~ips as reflected in the July 22, 2010
Traffic Impact Analysis, County staff is requiring a proportionate fair share in the amount of $99,479.00.
Subject: MCZ/Centrum Citrus Farms, LLC
August 99, 2010
Page 3
Enfo~
Trucks hauling material from the mine wi(I most likely be owned by independent contractors and most
truck issues on roadways can be handled with proper enforcement of laws. The applicant has agreed to
hire and pay for an off-duty sheriff on a part-time basis (minimum 10 hours a week) to eriforr.e moving
violations and the truck haui route upon the commencement of mining excavation.
Truck hauling companies will be required to enter into an agreement with the mining operator that
identifies the approved truck route that shalt be traveled. Haul trycks will be required to have Global
Positioning Satellite (GPS) devices instaUed in their vehicles to comply with the approved haul route.
The GPS devices can provide data on the roadways that have been utilized. This method to assure
compliance with the approved truck route will be addressed through the mining permit as well as
penalties and fines for the use of altemative routes. Furthermore, there shall be no stacking of vehicles
allowed in the Orange Avenue right-of-way.
On-Site Imaacts
Bufferinsa
In order to mitigate visual impacts along the Orange Avenue corridor, the applicant has increased the
minimum required frfteen (15) foot landscape buffer to twenty-five (25) feet and provided an additional
seventyTthree (73) live oak trees, an amoUnt of 50% more trees to their landscape plan. FurtheRnore,
the applicant has screened the equipment storage area which is set back over 1600 feet from Orange
Avenue, with a six (6) foot high berm.
Hours of Oneration
The applicani has agreed to reduce the number of days the mine is operational to weekdays (Monday
through Friday) only. The hours of operetion will remain as previously proposed (6:00 a.m. to 6:00
p.m.), however the hours of operation for trucks entering and leaving the site will be from 7:00 a.m. to
5:00 p.m. There shall be no stadcing of vehicles in the public right-of-way.
Noise/Dust
To further lessen noise impacts, the applicant has reduced the amouirt of material to be excavated and
truck traffic entering and leaving the site. There will be no blasting permitted on-site and there shall be
no diesel o~ gas pumps utilized for dewatering purposes (except as back-up to electric pumps).
The applicant indicates the regular use of a water trudc to wet haul roads and stock piles will ininimize
dust. Prior to egress onto Orange Avenue the site tr~c will drive over a Soil Tradcing Prevention
device, designed and constructed per Florida Department of Tr2nsportation (FDO~ ~egulations to
loosen and remove excess materiats from the tires and under the carriage.
RECOMMENDATION:
Staff has reviewed both truck routes and the associated impacts and recammends the Sneed Road
route. The revised and added conditions along wRh other conditions that w+ll be implemented for the
mining permit should provide the necessary safeguards and protections to prevent or lessen any
negative impact to the general public.
Subject: MCZICentrum Citrus Farms, LLC
August 18, 2010
Page 4
Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for
this petition to the Board of County Commissioners, subject to the conditions set forth in Draft
Resolution No. 10-102.
Subject: MCZ/Centrum CiWs Farms, LLC
August 19, 2010
Page 5
Suggested motfon to recommend approvaUdenial of this requested conditional use.
MOTION TO APPROVE~
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING TME PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, 1 HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF MCLCENTRUM CITRUS
FARM, LLC FOR A CONDITIONAL USE PERMIT TO AILOW A MINING OPERTION IN THE AG-5
ZONING DISTRICT, BECAUSE... [LIST CONDlTION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURiNG THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTiON 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION DENYING THE PETITION OF MCZ/CENTRUM CITRUS FARM, LLC FOR A
CONDITIONAL USE PERMIT TO AI.LOW A MINING OPERATION IN THE AG-5 ZONING DISTRICT,
BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECtFiC]
Resolution No. 10-102
File No.: CU 220081426
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A CQNDITIONAL USE PERMiT TO
ALLOW FOR A MINING OPERATION (SAND AND C04UNA ROCK) IN
THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT
FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORtDA.
WHEREAS, the Board of County Commissioners of St. Luae County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. MCZ/Centrum Citn.is FaRns, LLC presented a petition for a Conditional Use
Permit to allow for the operation of a Class 2 Mining Operation to be known as
MCZ 1200 Acres, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the
property depicted on the attached map in Exhibit "A" and described in Part B
below.
2. On June 17, 2010 the St. Lucie County Planning and Zoning Commission held a
public he~ring on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property and continued the meeting to the August 19, 2010 Planning and Zoning
Commission meeting.
3. On August 19, 2010, the Planning and Zoning Commission resumed the public
hearing and recommended that the Board of County Commissioners
(approve or deny) the hereinafter described request for a Conditional Use Permit
Approval in the AG-5 (Agricultural, 1 du/5 acres) Zoning District for the property
described in Part B.
4. On , 2010, this Board held a public hearing on the petition,
after publishing a notice of such hearing and notifying by mail all owners of
property within 500 feet of the subject property and heard and considered
testimony of the proposed conditional use.
5. The proposed Conditional Use Permit, with the conditions therein, is consistent
with the goals, objectives and policies of the St. Luae County Comprehensive
Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie
County Land Development Code.
6. The applicant has received a Certificate of Capacity, a copy of which is attached
to this order as Exhibit °B", as required unde~ Chapter V, St. Lucie County Land
Development Code.
XXX, 2~10 Resolu6on No. 10-102
File No.: CU 220081426
page 1
FINDINGS OF FACT
Based on the evidence presented and also based upon the inclusion of the conditions
of approvai as set forth below in this resolution, the Board of County Commissioners
finds as follows:
A. The proposed project is consistent with the goals, objectives and policies of the
Future Land Use Element of the St. Lucie County Comprehensive Pian, and
meets the technical requirements of the St. Lucie County Land Development
Code.
B. The proposed project will not have an undue adverse effect on adjacent
property, the character of the neighborhood, and other matters affecting the
public heafth, safety, and general welfare.
C. All reasonable steps have been taken to minimize any adve?se effect on the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
D. The proposed project is constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance
with applicable district regulations.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida, having made the findings of fact set forth above, makes the
following conclusions of law:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Pennit to allow for the operation of a sand mine, to be known as
MCZICentrum 1200 Acres, in the AG-5 (Agricultural - 1 du/5 acre) Zoning
District, at the location described in Part B, and depicted on the map attached as
Exhibit A, is hereby approved subject to the following conditions:
1. The mining activities on the property described in Pa~t B shall consist of the
limits of the mining activity, as generaily depicted on the drawings prepared
by East Say Group, Inc. dated , 2010, and date stamped received
by the St. Lucie County Planning and Development Services Director on
, 2010.
2. Prior to Mining Permit approval, the applicant shall provide the Environmental
Resources Department with a Reclamation Plan and Preserve Area
Monitoring and Management Plan approved by the County and all other
XXX, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 2
affected agencies. Reclamation and initial monitoring and management costs
shall be included in the Mining Reclamation bond (LDC Sections 11.05.11.C
and D).
3. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation
Removal Permit or Exemption, whichever comes first, the applicant shall
provide the required Environmental Resources Department-approved
Preserve Area Monitoring and Management Plan (PAMP) affidavit, and a
cashier's check, payable to the Clerk of the Court for the appropriate PAMP
recording fees, to the County Attomey for review and approval.
4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall have obtained and provided the Environmental Resources Department
with alt required federal and state pennits and approvats, including but not
limited to the Environmental Resource Permit, South F{orida Water
Management District Water Use Permit, US Army Corps of Engineers Section
404 Permit, US Fish and Wildlife Service approval, and St. Lucie County
mining permit. If federal or state agency compliance requires modification to
the mining plans or implementation of conservation measures, the applicant
will promptly modify the plans and submit to St. Lucie County for review and
approval. The County's development approval shall not prevent compliance
with any federal or state agency requirements.
5. Prior to release of the Pre-Mining bond, all invasive exotic vegetation located
within the conditional use area shall be removed (LDC Section 7.09.05).
6. Prior to issuance of a Vegetation Removal Permit or Exemption, if more than
one year or nesting season has elapsed since the most recent listed species
surveys were conducted in accordance with appropriate state and/or federal
protocols, updated surveys shall be required for the crested caracara, as well
as any other listed species for which the state or federal govemment have
required updated surveys. Surveys should be conducted in accordanoe with
appropriate state and/or federal protocols, and documentation of survey
methods and results shall be provided to the Environmental Resources
Department, as well as the appropriate state and/or federal agencies. In the
event that the applicant obtains written documerrtation from the US Fish and
Wildlife Service for federally-listed species or the Florida Fish and Wildlife
Conservation Commission for state-listed species, indicating that updated
surveys will not be required for this project, this condition of approval will be
considered addressed.
7. Within 180 days of Mining Permit approval, landscaping shall be installed as
shown on the approved Landscape Plan. The County Engineer may extend
the time period for planting up to an additional 12 months.
XXX, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 3
8. Within 90 days after r~eceiving conditionai use approval, the applicant shall
convey the required road right-of-way for Minute Maid Road. Manner and
form of conveyance shaif be acceptable to the County Attorney. The sketch
and legat description shall be prepared by a Florida licensed surveyor and
mapper. Pursuant to Chapter 7.05.03 of the St. Lucie Land Development
Code, the applicant may be granted credits against their road impact fees.
9. Within 60 days after reoeiving conditional use approval, the applicant shall
execute an agreement to pay a fee-in-lieu of construction for sidewalks or
multi-purpose paths and remit to the County the required funds. The
acceptable method of payment shall be a certified check payable to St. Lucie
County. A copy of the standard "Agreement" can be obtained by visiting the
St. Lucie County Public Works Department website at:
http://www.stlucieco qov/public works/index htm.
10. Prior to the issuance of a right-of-way permit, the applicant shall execute a
Road Improvement Agreement with St. Lucie County and submit a surety for
the proposed public improvements (right and left turn lanes at project
entranoe). The amount of surety shall be 115% of the engineer's estimate of
probable cost. The amount of surety shall be approved by the County
Attomey. A copy of the standard "Agreement" can be obtained by visiting the
St. Lucie County Public Works Department website at:
http://www.stlucieco.gov/public workstndex.htm.
11. Prior to commencing the mining operation on the property, the applicant shall
be required to obtain an approved Mining Permit from the St. Lucie County
Public Works Department that is consistent with the Conditional Use Permit
development order and Sections 6.06.00 and 11.05.11 of the St. Lucie Land
Development Code.
12. The hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through
Fridav. The hours of o~eration for haul trucks entering and leavinc~
the site shall be from 7:00 a.m. to 5:00 a.m. Monday through Friday. There
shall be no stackmQ of vehicles in the public riaht-of wav
13. There shall be no blasting permitted within the mining operation.
14. Prior to commencing the mining operation on the property, the applicant shall
be required to construct, to St. Lucie County Standards, the haul road
improvements in accordanoe with the approved plans.
15.Access to the mining operation shall only be from Orange Avenue and the
approved haul road. No mining vehicle shall be allowed to utilize Minute Maid
Road.
XXX, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 4
16. A sign identifying a osted atea I~ocafion along the haul road near O ange
emergendes shall be p
Avenue, where the public can view the sign.
17.If prehistoric or historic artifacts, such as pottery or oeramics, stone tools or
metal implements, or any other physical remains that oould be associated
with N~tive Arnerican cuRures, or early co~onial or American settlement are
encountered at any time within the project site area, the permitted project
should cease all activities involving subsurFace disturbance in the immediate
vicinit~r of such discoveries. The permittee, or other designee, is required to
contact the Florida Department of State, Division of Historical Resources,
Review and Complianoe Section.
18. Wrthin 365 days of Mining Permit approval, the six (6) foot high pe~imeter
bertn shall be installed in accordance with approved plans and specfications.
19. tf the mining operation exceeds the extrac~~on or consumption of water ,
thresholds set forth in Section 28-24.006,~F~from the Florida' Department o1f
cease until a determination is rece
Community Affairs indicating that the proposed operation is not subject to the
requirements of Chapter 380, Florida Statutes or th~ operation is approved
pursuant to the Development of Regional Impact provisions set forth herein.
20. Within 90 days after ~eceiving conditional use approval or mining permit
approval, the applicant shall enter into a Proportionate Fair Share and Impact
Fee Credit Agreement for the roadway improvement costs located at the
Kings Highway at Orange Avenue intersection.
21. Electric pumps shall be utifized for dewaterinq. There shall be no diesel o~
gasoline powered pumps oqerated for this purpose (except as back-u~
electrical ~umps du~n an emer enc .
22. Water trucks shall be used on a regular basis to wet the_haul road and s#ock
piles to minimize dust.
23. Soil tracking arevention devices desianed and constructed aer Florida .
DeQartment of Transpo~tation (FDOT) reaulat~ons shall be instalied anor to
ress onto Oran e Avenue that shall remove excess matenals from the tires ~
and under the carriaQe of a haul trudc. ~
24.The maximum amount of materi~l to be mined and removed from the site
shatl be limited to 750 000 tons on a calendar vear basis and shall not exceed
276 truck trias aer dav The mininq onerator shall maintain receipts and loc~
the number of dailv trucks enterina and leavinq the site. Th~s information shall :
be supplied to the County Public Worlcs Deaartment on a Quarterlv basis. ;
XXX, 2010 Resolution No. 10-102 '
File No.: CU 220081426
Page 5
St Lucie County
Certificate of Capacity
Date 5/10/2010 Certi~cate No. 2856
This document certifies that concurrency will be met and that adequate pubiic facility
capacity exists ta maintain the standards for levets af service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development 10-102
Number of units 3 Number of square feet 10,600
2. Property legal description 8 Tax ID no.
See Legal Description in Resolution
Orange Ave. between Minute Maid Rd & C-24
MCZ 1200 Acre Parcel
3. Approval: Building Resolution No. 10-102 Letter
4. Subject to the following conditions for concurrency:
As per Resolution 10-102
Owner's name
MCZJCentrum Citrus Farms, LLC
Address
225 West Hubbard St
Chicago IL 60610
6. Certificate Expi~ation Date
This Certificate of Capacity is transferable only to subsequent owners of the same
parcei, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
S~S°~ Date: 8/4/2010
Planning and Dsvelopment Services Director
St lucie Covnty, Florida
weao~aay, A~~st o4, Zoio Page 1 oi2
t
LAND Planning
Landscape Architecture
D ES I G N Environmental cELEaxnTirrc ~.Axs
Transportation ,98i~,o ~
SOUTH Graphic Design
July 23, 2010
Jeff Johnson
St. Lucie County Planning Division
Senior Planner
2300 Virginia Ave
Ft. Pierce, FL 34982
RE: MCZ/Centrum Citrus Farms
Conditional Use Application - 220081426
Dear Mr. Johnson:
Please find enclosed with this letter revised materials related to the MCZ/ Centrum Citrus
Farms Conditional Use application. These materials include a revised traffic study, revised
landscape plans, Orange Avenue School bus stop information, and Orange Avenue
accident information, Conditions of Approval for Sneed Road route, and Conditions of
Approval for Orange Avenue route. A copy of these materials is also being submitted to
the Environmental Resources Department (ERD) and the Engineering Department.
As you know, the project was last up at the St. Lucie County Planning and Zoning (P&Z)
Board on June 17, 2010. At that meeting there were several options discussed regarding
alternative routes for the proposed traffic associated with the project. The application was
postponed for 60 days to allow further review of the different alternatives. During this
time our team has completed additional research as well as arranged an additional
neighborhood meeting.
Our team held a second neighborhood meeting on July 13, 2010. We sent 66 notices to
property owners immediately around the property, along Sneed Road, and all the residents
that attended the June 17, 2010 P&Z meeting. We included a list of the individuals that
were sent the notification of the meeting. Twelve individuals attended the meeting.
Included with this re-submittal is a list of individuals who attended the meeting. We
discussed the materials that are included in this re-submittal. At the end of the meeting,
there were still a few property owners that we not in favor of the propused conditional use.
As you will see as a part of this re-submittal package, the applicant has made considerable
concessions in an attempt to minimize the impact of the proposed development on the
property owners along Orange Avenue.
The landscape plans submitted with this letter were revised to address comments from
Yvette Alger contained in an email to Paul Ezzo dated July 6, 2010.
2101 Centrepork West Drive, Suite 100, West Paim Beach, Florida 33469 ~ 561-478-8501 JUL 23 2010.
501 5E Port St. Lucie Boulevard, Port Si. Lucie, Florida 34984 ~ 772-871-7778
www.londdesignsouth.com
The materials attached to this letter represent the research our team has completed over the
last several weeks. The revised traffic study that is attached analyzes two (2) different
possible truck routes. One route is the same route that has been proposed for this project
for the past two (2) years. This is the Orange Avenue route. Some of the residents along
Orange Avenue requested the truck associated with this project should be routed down
Sneed Road to Okeechobee Road. This is the other route that was analyzed in the tr~c
study submitted with this letter.
The traffic study was also revised to reflect a more realistic mining volume for the project.
Previously the trip generation assumed that during the 20 year life of the mine, every ton of
material will be mined from the site. After speaking with mining experts in the area, the
team determined that it was unrealistic to expect to mine all the material from the property.
In order to demonstrate the m~imum realistic amount that could be mined, the team used
a maximum of 750,000 tons per year. This limitation will result in an expected 138 trucks
per day. The previous study submitted with the application proposed 539 trucks per day.
The development team also researched whether there were any improvements proposed for
Orange Avenue. We found that the Florida Department of Transportation (FDOT) is
indeed proposing improvements along Orange Avenue. The improvements proposed are
shoulder improvements from Kings Highway to Shinn Road. It is expected that FDOT
will install five (5) feet of paved shpulder and three (3) feet of stabilized area. They are
currently in the process of performing tasks related to the design of the improvements.
This improvement is approximately 4.5 miles of Orange Avenue.
Another item that was brought up at the Planning and Zoning Board meeting was the
number of School Bus Stops along Orange Avenue. Enclosed with this letter are two (2)
documents that identify the bus and bus stop information along Orange Avenue. One sheet
shows there are 27 bus stops along Orange Avenue from Kings Highway to the St.
Lucie/Okeechobee County line. Of the 27 stops, only seven ('7) stops aze outside of the
area to be improved by FDOT. There are 18 buses that service the 2? stops. At the P&Z
meeting, there was a discussion about the interaction of the trucks and the school busses
during the morning hours. The applicant agreed to limit the hours of operation from 7:00
am to 5:00 pm. Of the 18 buses, only four (4) will be on outside the proposed FDOT
improvement during the morning operating hours. The team contacted the School District
for information regarding school bus stops along Sneed Road. We were told that there is
one bus stop along Sneed Road.
There was also a discussion about the number of accidents on Orange Avenue. Our team
researched the accident information provided by the St. Lucie County Road and Bridge
Department. We .included the information as a part of this re-submittal. The information
has been sorted so that all of the accidents that occurred at I-95, Kings, and Orange Avenue
are first. Then the accidents that occurred west of that area are shown. It appears that all
but one accident occurred within the area that is to be improved by the FDOT.
There are two (2) possible routes for the trips associated with this project. Each route
requires a separate set of Conditions of Approval (COA) based on the roadway impacts.
MCZ Conditional Use Page 2 of 3 July 23, 2010
t '
The applicant has reviewed both options and is in agreement to either option. The
applicant request that both options be presented to the Planning and Zoning Board and the
Board of County Commissioners.
If you have any questions regarding the attached information, or this letter, please contact
our office.
Sincerely,
LAND DESIGN SOUTH OF FLORIDA, INC.
~
Bradley . ie, AICP
Principal
cc: Dariush Safikhani
Yvette Alger
Maureen Breenan
Paul Ezzo (Letter Only)
Rick Reikenis (Letter Only)
Q:\1477U477.lU.DS Documents~I.etters~2010-07-22_MCZ_CU_J_Johnson_Re-Submittal_Letter_1477.1.doc
MCZ Conditiona] Use Page 3 of 3 July 23, 2010
LAND Planning
Landscape Architecture
Q ES I G N Environmental I
SOUTH Transportation CELEBRATING
Graphic Design
198S2D10 •
MCZ/Centrum Citrus Farms, LLC - Sneed Road Conditions of Approval
Conditional Use - Applicant Proposed Conditions of Approval
L No haul truck traffic associated with the MCZ/Centrum Citrus Farms, LLC
project will be allowed west of the projects entrance on Orange Avenue or east of
Sneed Road on Orange Avenue
2. Haul trucks associated with the MCZ/Centrum 1200 Acres shall use Sneed Road
to Okeechobee Road to access I-95 and the Rlorida Turnpike.
3. If any haul trucks travel on Orange Avenue west of the project entrance or east of
Sneed Road, the MCZ/Centrum 1200 Acres property owner will be charged a
$5,000.00 fine per each occurrence. Citizens reporting a violation will be
required to obtain a License Number, the Hauling Company Name, or a picture to
provide proof of the violation.
4. Maxirnum of 750,000 tons of material to mined yearly.
5. Applicant agrees to pay a.OS cent per ton hauling fee for all materials mined from
proj ect.
6. The hours of operation for the trucks entering and leaving the site will be from
7:00 a.m. to 5:00 p.m. Monday through Friday.
Mining Permit - Applicant Proposed Conditions of Approval
1. Four (4) culverts along Sneed Road will be improved in accordance with the
County Engineers requirements.
Q:V47T1477,IU.DS Documents~2070-06-I6_MCZ_CU_Snced_Road_Pmposed_COA_747Zl.doc -
2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 ~ 561-478-8501
501 SE Port St. Lucie Boulevqrd, Porf St. Lucte, Florida 34984 ~ 772-871-777g
www.~anddesignsovth.com
L^ A ~ D Pianning
~`•~~r landscape Architecture
DESIGN Environmental cELESttn'rtrt~ ~axs
Transportation 19,~p,o ~
SQUTH Graphic Design
MCZ/Centrum Citrus Farms, LLC - Orange Avenue Conditions of Approval
Conditional Use - Applicant Proposed Conditions of Approval
1. Maximum of 750,000 tons of material to mined yearly.
2. Applicant agrees to pay a.10 cent per ton hauling fee for all materials mined from
project.
3. The hours of operation for the trucks entering and leaving the site will be from
7:00 a.m. to 5:00 p.m. Monday through Friday.
Mining Permit - Applicant Proposed Conditions of AQproval
1. Applicant shall remove and replace 13,500 feet ofguardrail to the proper
elevation along the north side of Orange Avenue from Minute Maid Road east to
approximately 1,400 feet east of Knight Road.
2. Applicant shall install S foot wide roadway shoulders (5' paved and 3' stabilized)
along Orange Avenue from Shinn Road west to Trowbridge Road, approximately
4000 feet.
Q:V 47T1477. I~I.DS Documents~2010-06-16_MCZ_CU_Orenge_Aveneu_Proposed_COA_ 1477. I.doc
2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 ~ 561-478-8501
501 SE Port St. Lucie Boulevard, Port St. Lucie, Florida 34984 ~ 772-871-7778
www.landdesignsouth.com
~ ~ ~ ~ ~ ~
I
; Traffic Engineering, Transportation Planning ,
February 18, 2010 ~ ~
To: Mr: Michael Br111hart
From: Su;an E. O'Rourke, P.E_,
Rec M~Z/ Centrum Mlning
Susan E. 0'Rourke, P.E., Inc. has been retained to address the comment from your department
rega~ding th.e project`s fair share cont~ibutio~ to the intersection of Orange Avenue and Kings
Hfghway. To that end, we have compiled the fotlowing data and response.
Trip GeneraU~n
In a traffic study prepared by Kimley-Horn a~td AsSocfates, dated Fehruary 2008 and updated July
2008, the trip generation was calculated as 134 PM Peak hour trips with 60 i~ and 74 trips out.
See Attachment 1.
Assignment
Followfng the comments and response, 7095 of the traffic was asslgned to Orange Avenue through
Kingd Highway to and f~oirll-95. That assignment equates to 52 eastbound trips and 42
westbound trips.
Turning Movements at Orange Ave~ue and Kin~s Highway
Turning mbvement counts were not aVailable {n the traffic study prepared by KHA. However, the
data prepared by my firm for the 5t. LudE Rock pro}ect was recently ~evlewed by your office. We
have updated that data to Indude the Love's Travel Stop that Is proposed for the southeast corner
of Orange Avenue and Kings Highway and the MQ/ tentrum mining t~ips.
Th~ tUrNng movernent sheet is included as Attechma~t 2
HCS Analysis
42B 6W Akron Avenue
The intersecNon was analyzed using the Htghway Capacity Manual sofiiware. The results are surte ia
shown In Attachinent 3a a~d 3b for the future traHic on the existing network and the future ~~rt, Fla'ida 34994 ,
,
traffic on ihe future neEwork.
n2.~e,.~s~e
772J81.s281 rax
s
SEORo urMe 6~comcox. net
MAR 2 ~ 10t0
"~t~` =°'~x`~ ~ Environmental Resources
~ ~ ~ ~ N~
~ Department
~ ~ . ~
.
Companion Report
TO: Board of County Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
DATE: August 5, 2010
SUBJECT: MCZ/Centrum Citrus Farm, LLC Conditional Use Permit
CU 220081426
Back~round
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the applicant's request for Conditional Use Permit approval.
Findi~ s
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the requested Conditional Use Permit.
ature
('s.
LAN D P~anning
D~~I~~ Londscape Architecture
Environmenta~
SO UTH Transportation
Graphic Design
Yvette Alger
Environmental Planning Coordinator
Environmental Resource Division
City of Port St. Lucie
2300 Virginia Ave.
Ft. Pierce, FL 34982
July 19, 2010
RE: MCZ Centrum Mining Landscape P1ans
f3ear Ms. Alger
Recently we received the comments and issues provided during public hearing via e-mail. We respectfully
submit the following landscape plan revisions and comment responses to clarify and/or resolve any concerns or
design considerations that need modification. The following responses are in reply to the comments made
during the last public meeting review:
1. Photographing and/or providing detail on the plans regarding the existing berms along the SFWMD
canals and the vegetative buffer along Minute Maid Road.
Response: Photographs of the existing conditions wlll be provided for the public meeting. All
be~ms located on site wiU be 6 feet helght with a witfi of 48 feet. 7he landscape alo~g
Minute Maid Road is specified as preserve area. The exlsting preserve area plan along Minute
Maid Road includes restoration plantings, the removal of exotic invasive plants and the
preservation of any existing native vegetation. See PAMP for typical plantings in this area.
,2. Widening the landscape buffer, or at least making it clearer how far mining activities would be set back
from Orange Avenue.
Response: The buffer area will be 15 feet along Orange Avenue. Dimenslons have been added to
the landscape plans to clarify any setbacks. The minimum setback to the stockpile area from
Orange Avenue is I200 feet. The minimum setback to the mining activitles from Orange
Avenue is 2,303 feet to the first mining cell. Please see updated landscape plans for any
addttional dimensions.
3, Increasing the quantity of trees provided along Orange Avenue.
Response: The trees in the landscape buffer have been increased from 30 feet o~ center to 20
feet on center.
4. Providing automated irrigation for landscaping areas.
Response: Temporary automatic irrigatlon will be provided along the proposed buffer. This area
will be watered for four months dur(ng establishment pe~iod. The frequency and duration of
watering will be gradually reduced, however, watering will be maintained for up to one year.
Due to the native drought tolerant plant palette, watering after one year should not be
necessary.
~ 2101 Centrepark West Drive, Sulte 100 ~ West Paim Beach, Florida 33409 ~ 5b1-478-8501 FAX 561-478=5012.
501 SE Port St. Lucle Blvd. ~ Port St. Lude, Florida 34986 ~ 772-871-7778 FAX 772-871-9992 ~
.lJL 23 2010
I
L ^ ~ D Planning
f"~ Landscape Architecture
~ES~GN Environmental
T Transportation
S~U I H Graphic Design
5. Providing screening of the equipment storage area (right now this area is proposed to be on the outside
of the perimeter berm).
Response: The berm has been relocated to wrap araund the storage area as requested. Please
see the revised plans for layout and locatlons.
6. Making it clearer where the berms are proposed, pa~ticularly along the site's southern perimeter.
Response: Addltional labels and dimensions have been added to the landscape plans show the
proposed berm locations.
7. Providing restrictions on stockpile height.
Response: The stockpile note has been revised to reflect a 50 feet height limit.
8. If plantings are to be provided on the outside of the berms on any other side of the projeci, consider
showing those planting areas as well.
Response: At ihis time no additional plantings are proposed.
In summary, the responses listed above will be reflected on the revised landscape drawings dated 7-19-
2010. Please feel free to contact our office with any questions or comments that remain. Thank you for
your time and consideration.
Sincerely Yours, ~
,
Corey Kissell
Designer II
CC: BC, JB,
2101 Centrepark West Drive, Sufte 100 ~ West Palm Beach, Florida 33A09 ~ 561-478-8501 FAX 561-478-5012
501 SE Port St. Lucie Blvd. ~ Port St. Lucie, Florida 34986 ( 772-871-7778 FAX 772-871-9992
_
~ i _ i__ _ 7-
_
~ f f ' ~~-1 --_r . . . i - - ' ' ,
f ~ ~ ~ ~ I f I ~ ; ~ ~ ~ + j ~
~ ;(i~ ;!~i,;!-_. ,
I; ~ ; I i~ ~ I i~ ~ j I 1 I I~
~ _._l___j_._...._~___ _ I ~ ~ - . _ . ~ i i ~ !
' ~ I ~ .r I ~ ~ ~ i i (V ~ N _ ~ ~ . .i. __~-..i..___I j
~ t-- ~ _ }-•--I -
~ i , ~i ; i--;~ , I~ ~~j~~-- ~~N~~~
I
i --j-- ~---I--- ~ ~ ~ ~ i , ~ ~ ~ ~
, , _i_ I__. I---1-- - . ~ _ ~
$o i~ j~ );i i 1~(~i;~til1
1 ~~~I~!I;li~ii:
~~~~~~,~~~~~~;~~~~~~'~i~'a'~~~ i~l
-r7.-~. O~ d~ 1 CA I. y V] ~ VJ V C/~ VJ V1 J.. Vj.. .y y ~ V~ C/~J V~ VJ I V7 I y V] CA Vj ~
~ ~ 1 + t---+ _ -
_ _ l.._.._.
a ~ I I i~J _ i-~-,__ f--' ~ 1 ~
~'I ' I I ! ' ~ ~ ~ ~ ~
~~~~~~~~~~I~~~~ ~~~~~3~
--------i..__,.__~- -_._1 3_'____ ~I,3~3 ~
~ ~ ~ ,11 j i~ i~
~ i ~ ~ , f ~ , ;
d~ ~ ~ ~I ~ ~ ~j ~ t o ~ ~
~I_~ y~~ v ~I v U Ul v v v) ~ v~I ol v~ c~ ~ c~ c~ ~ a?
i i i . __.E_~._~_.
~ Jr~!I;?~1~I~i~1....i~~.. i~ ~
I i i~f i ~ r ; i
~
~ i ~ I ~ !
I ~ ~ : i ;
i ~ I~ i~ I ia I I I ~ j ~ ~ I~ I
~ ~ j, ~ ; ~ ~ ~ i
~ ~i~~ ~I~) ° ~~i ! ~~Ii~~ ~
~ a ~~a, ' '~a, v j ;a I ~ ~ °"'6r ~ ~I '6D' 'ob~
p a, a, I ~ .x 1 . j i !
~ A~A~A f~ A A~ a G] ~ I ~ I b ' a~ m bi
~ _ _A ----._~..Q A~_Aj ~.~_A~_~-~~J.___I
A.I_~I AI.~ _A. A.I.A..~_(P,i
~ !~~;t~1~~~
~ ~ ~i~l'I ~
~
N ~a~ a a a a~~a a~~ ~ ~ i~ b jv' i~ I.~' i
v ,
a ° > I ° a 2~ ~O ~ 'O~ ~ ~ ~ ~ ~ ~I !
~ ~ ~ v a ~ ~ ~ a ~ ~ ~i ~ ~ a ~ a ~
~ ~ ~ ~ ~ ~ a ~ al ¢I Q Q ~ ¢j
. .~.~,~~~~q7~~.~~~~. ~a~~ ~
~ ~ m ~ ~ v~ ~~v~ ~ ~ ~ Q a c al• I 1•
~ . _IY. ~ CIl~ ~ ~ V~ Vi ~ ~ I V] ~ ~i ' ~ :
~ r r 1 ~ __._l_,.i___.,_._'_~~_~.
~ ` If i ~ ~ I l ~ I
I i
~ Q Q d > i~ > > > > > > > > >I I
~'4 a~ I Q Q Q Q Q d~Q Q~ Q Q d Q QIQ Q+Q~ ~.v _oI~!'c
~ ~ ' ~
°8 ~ ~a~_~ ~ ~r w~ja a ~a)
` ~ ~ ~ ~
_ . -r~Q
~ I
~ ~ t ~~i~~ ~ ~ '
~ ~ ~ ~ ~ o ~ o , ~ _ _ _J ~ ~
ro en ~n v ^ r I N M ~°'`f o~o j o, r¢ n~ i
~~y I~ e r h~ t~ e o~ i~ t~ $~~o n a N r rn cv < r~ c~ r, cv
~ ~ rn cv iv oo ~n r oo I~ ~o !
( ~ ~ ~ I ~
o v t I.. .r N
o~ ~ -
H~ $J.g g N(N I"_..Ni..~...r_._ o L. i
o.~_o~.$ ._o _o _o i_o _T..~,l_a oi_oLO~ lo~o l
r7 Q I o( o n n r r n r t~ o0 00 00 00 00 00 00
~ jo1ooo0I or t,.
~ Y I.
i O ~ ~ S~ S S ~ I N ~ f~
l N c~
I N N I\ O I O O I p i
~ ~ ~ Oi I.~-~ ~ N (V N N~ N N f~ N N N
~ ~p ~ M f~l „ v'i ~ N O ~ ~ tn h ~ (V N N .Nr I ~ 00 O . ~
~ ~ ~ r ~~IO ~ ~ n ,N~~,~ ~
~ ~
, ~ , a~
N t~f t~f ~~n f~n ~~O
~ ~ ~ . ~ ~ I ~ ~ ~
. I
~ ~ ~ ___1_.___. ~ ~
~ t~ N O~ vi . .__.'__._.._.J .L__~.__. ~ I j ~ i i
p M Vl - ~ { L
~ ~ ~ r p~ O~ ~ f~ Yl yl '~I f+1 ~O ~ O~ fn nN vl ..00 i i_.
~ ~ h N~N NN~~I0~0 ~~I( V l
V~'.,I'_' N'
i ~e y~jlA~~ t~+1 ~ m' Oj r~ N l a)
U I O a1b~0~ 10~~ ~ N N'O~N N I N N;7 M o0I[~ O~~ri nl~i~I~I~I
d ~ I ~
D i D O~ v i O O+ O~ O~ ~ b ~ N ~ 1 O ~ 0 0I 0 0 0 o I o o ! c v i o o ~
~ i Q~ ~~D Qi ~O I a v~ v~ ~O 1 h l~
u ~ Z,~'t~l I~`~ II I ! n°~j~°j~it` ~~°~It\ °'i°1oI o~o~O,~~~cj
~l ~ ~ ~ I ~ 1 + ~ ~ r ~ ~ ) ~ I~ ~ j^ I
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ I ~ ~
~ H ,U I I ~ I; ~ ~ I :
~ ~ ,
~_L~ ~~I~__'~; ;
~ .._...L_.~I._~.L,_..i_...~...._ 1.._~..i,
. ....~i...._.~._.__!
0
o ~s
t $ y~ t.- ~ L+-~ L L«+ L~-' L L L L L
~ ~ Q O 01 d N N N Q N N p d N N p p N N N p N b ~ O O O O O _ ~ .
~~z z z3~ 33 3z33z333zz333z3 w z zzz zz ~
' ~ u~ t/~ N M N N N fA fIl N N y N 41 y y y J
q y N N y N N ~ N N m~ N N N d G1 ~ N d N~ ~ N ~ N N N N ~
?71~1 lL~ ~~tL ~~~2~~'2~~~~~l2~~~ lL LL LLILLL LLLL ~
O N N OD ~ r N r N N N m N R m C'~ m ~ N~ 0 O O O O O O
~ N 0 r ~ (D fD f7 P7 tA
A
d O O O O O O O O O O O O O O O O O O p p p O O O p O O O O O O O O O O O O O
Op pOO~A OOOOOOOOOOO~AOOON 00 OOIn00 O 00000000
~ NNtA~01~ ~nO~MO~00NtON~N~nC1 00 OMtn~OO N ~A00~~0~00 fh
q ~ ~ N M(O n n 1A r r O N ~ ~ N 1A M N 1n ~ N ~ M r r
~ A r ~
~ '
a.f'
W ~
a
~ ~ N ~ N
00 ~
'b
~
~ ~`~'~'~`~`~`y'~`~'~'~`~`~'~`~'~`~`2'~'~`~`~`~'~'~'~'~'~'~'~'~'~`~'~`~'~`~'Z'~`~`~`
b ti C C C c c C C C c C c C C C c c C C C C c c C C C C C C C C c c t c c c C C C C c
E7 ~ 7 7Q 7Q~ 7~ 7 Q7Q~ 7 7 7~Q 7Q Q7 7 7 Q7 Q7 7Q 7 7 7 7g Q7 7 Q7 7>p>p 7p>>Q 7p 7q 7p~ p7 7p~o 7Q
p~y ~ UC.)C.JUUUUC.7CJUUC.)UUU VUOU (.7UUUCJ(.JU UUOC~OUC.7CJCJCJC~CJCJ(~C.7
~ mma~a>Na>ma>NNNNNma~NmNa~Nmu> W a>ma~ ma~G~mmNa~mmNa~ a~aia~a~
~ ~ ~ ~ u ~ ~ ~ ~ S ~ ~ S u ~ o ~ o v ~~a o ~ ~ o u v ~ ~ o ~ ~ ~ 5 ~ ~ ~ u c~ ~ u v
7 7 7 7~ 7 7~ 7 7 7 7 7~ 7 7>> 7~ 7~ 7 3 7 7>> 3>>> 7 7>> 7 7
3 J J J J J J J J J J J J J J~ J J J J J J J J J J J J J J~ J J J J J J J J J J
o . . .s .s a .r .s a
U cnincncnrncnu~mcncncncncncn<ncntncnv>v~v>mcnv~v~cncnrncncnv~~ncncnv>rnv~cncnv~cn
a ~
~ W
~ ~00003~030033330003 000000 000030 00003003
d
d y.~ T ~
~ m ~`a ~v c`v c c `m~ m `m>> c c m `m>> `m m ~ ~ ~o m ~ c~ ~ `m ~ ~o ~ ~`v ~ ~ ~ ~ ~ c
o dddd•~•~moa~m oo~,~~,~ddoo da~d_dd oa~odoa~ oa~mwodd'~a
r/~ 3UUUU~oCUUUUUUOCaCUUUU c3UUUUU UUUUUU UUUUUUUOC
L
01
m
O~ ~ OI ~ 07 ~ L J .
J. J J J J J J ~
• N~ m N ~ d d p
;,a ~ b ~ b b ~
L L!n Cn L t(n fn L fn L L L L L L t UI t t= t L L t L L t (n L t L L Z L
p1~~~S1~`-~~Ol`~C~G~ OlOlO1 VF ~ Y C1 ~O/D! 0)0101C71G/01 OI~m~Y O~
S. S+ S. S. ~ Y>. ~ S. S+ S. S~ T S~ $ S. -
G ~ S~ S. S~ 7. S. S. S. S~ S. S. S~ S+ T N~~ S.
N ftl l0 td c0 l0 lU f0 lE l0 ttl 10 /0 lQ f0 l
0 l0 lC fd f6 l0 ~ Q Q Q Q ~ ~ 0 O O O 0 0 ~
0 ~ O ~ ~ ~ ~ 0 ~ O O ~ 0 ~ ~ ~ ~ 0 O ~ 0 0 ~ O
O
N N N N d N d G~ C) N N N 0> N N m N N N N N m N N N N
> > > > > > > > > > > > > > > > > > > > > > > > > >
~ aa ~'~'aa~'~'~'aaaaa ~'a ~'a~'aaaaaa ~'a ~'~'~'aaaa ~'¢Qaa~'~'
a~dx=dd =dddddxm=d da~a,dddxdx dddmxa~a~dd
e~~N y~~y ~ N~C Cc c~C p~c p~C C wc C C ~p~~p~p~C C C C wcc C C~p~p~
~cg'`~~g'~~`~~~A~~ro~ro~~a`~d'~amm~~c~c~m~o~~~mm~cc
jr ~OYYOOYS[Y~OOOOYOY040OO000'YO'Y524OOOOicO00O'YY
Fi a~ m N N Ct N G~ 6~ N N N N N a~ 0~
> > > > > > > > > > > > > > >
's " a a a a a a a a a a a a a a a
w BSxxda~x mdm= dxd dx= ==d dda~x x=d ===dd
~Q~,
~ ~ y y Q/ Q/ y y Of C/ CC~ Np~ V) W N 1A ~ N~ N ~ 1q W f0 71 Vpl~ tp O) y~C Dl C1 W N fA N~ N N N N Ql ~C
O N N i0 id i0 t6 C C C C C~ CC ~ C~ C C CD C/ C Cf (0 ~ e0 !tl /6 C Cl ~ ~l ~ Cf ~1 ~ A
~~[004~0003~2Y~5[0~05203~c~YYY0~0004~Y~05Zt14Y00
~ pf ~(p P In f~ p~ N O O 1~ pp ~ .e~ N N l17 CD ED O ~fi CO N 1~ N O t0 ~ O OD f~ pp O N ~
~ dj ~i .-('~N•pfV st N V N~ 1nONO~fh~N~ O NY)N ^ 1n(~ONtnM ~ N
3 ;~o~rn ~rO000N001~ Oao,-m n co rnaorn~cNnr~~rc~icr~Nao(D~m m~ n
~ E r r ~ ~ ~ r ~ ~ ~ r r ~ r r
~ n~n~nrnnn~nnnnnnnnnnnr~nnn~nnnnn,rnr~nnn r~~n ao
0000 00000 0 0 00000000000000000000
~ pooo$ooooo$gg$$ogo~$$ooooo000000000000000
01 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N~V N N N N~V N N N N
~ ~ aM~~~aa~~aa~ac~ov~n~a<on~n orv~c~~~nc~coc~vaou~macl~~m~
I3~ i~ ~ r \\a NNN~r~ N C~)~~ ~~N~~~ N~~NN~~ OOOrNN
w A aaaa~mmmc~co ~~aav in~nir~ r~ncomm ~ooorcl~ ~
~ tl ~ ~
~Q q r ~n c~c~ u~covo M~n~nc~cavn n co~ m ~~rnoo~aocct~ orn rn
w co<orn~nnc~'icvo o ~ cocom rnoaomo a c,`~~' rnrn oaoao~nwrn m~n
O a ~ V tOOO[0~O~01C(~DCOp~ O N U)OC7O ~NNu~ N Nf~N ~
U'~ ~ r~NN~~O~i~~JOI~~a~ON aDO~ a0h NCV Nl~f~aDOfPaO Wh aDaOtOtDCO tOM
N h~N (Of~ONl~Op I~OOPN CV (V OOOOOOONNf~00NNNNN N
In N t0 lA l0 ~ t0 N Of l0 tn Of t0 tn i A t0 1A ~~O (O Of Q~ Of tn ~A ~[1 ll~ ~~fl ~ t0 ~D t0 u7 LL'! t0 t0 c0 ~D m cD
a+d~ ~rnmccrnaornmm~caornnwrnmaomrnaomnnnrnrnrnrnrnmrncocnoomrnco~ccoco^~c
~ v
• a~
~i F
q
t ~ t t t
2 Z Z ~ ~ o 0 0 0 0 0€ € r
~ z Z v~ZZ2 ZZZ Z Z° 3 ~
y z
~ ll LLlL ~ LL LLLLLL ~ LLLLNLL ~y ~ ~ ~
O O O ~
ln NN ~ l~ OOC~~O 000 O ~ O a
NN N ~ettn N O N
d O~p O O O O O~ O O O O O O O O O O O O O O O O O
OtnON~ ~N$p$gS OOO OOOOOO ~~~j$$OOO~ppppSS
V~ `r N ~f~~AR<0f7MON~^ ~OD~ett~~1~ON V(7100~0 N~t~D~(hlnh0 N
r-tO~N 'cf NOf~AM~tO
A ~
~
~
~
~
W
~ ~ ~
~ ^
Q ~Q`~p`~'~`~'~`~'~'~'~'~'~'~^~'~'~'~'~'~`~`~`~`~'~'~`Z'~''~^~`~`~`~`~.~'~,'~'~;'~`~`~'~'~`~'~`
Q C C t C C C C C C G C G C G C C C C C C C C C C C C C C C L C C C C C G C C C C C C C p
7 7 7 7 7 7 p7 Q7 Q7 7 7 7 7 Q7 p7 Q7 Q7>> 7 7 7 7 7 7 7~Q Q7 p7 Q7 7 7 p7 o7 Q7 p7p~ J p7 7 7 p7p~
~ C.)C~UUC.)C.)C~C.7CJC.)UUUUC~UUUUUC~UUC.)UUC.)C.)(IUUUUCJC.7C~CJC.)(JU(~UU ~
N N d W N L m d d Gf N N CI 0i N N N m d C1 ~
U ~U ~U ~U ~U ~U ~U 'U U ~U ~U ~U ~U U ~U ~fJ ~U ~U ~U ~U ~U U ~Cl ~U ~U C1 ~U U ~U ~U ~U ~U U ~U Cl a
> > 7 ~ 7 7 7 7 7 7 7 7 7 ~ ~ ~ ~ ~ ~ ~ ~ U~ ~ ~ ~ ~ ~
3 3.3 3 3 3 3 J J J J J J.J J J J~ J J J J~~ J J J J>> 7 ~ U V~7 U 3
~ ~+«%..%«.:..f.: a%..:.: «.%«3.-s.J ..+.-7.3.:..:.-: «J J ~ J_! J~~~J J JJ J ~ L
C4 ~ CQ t~ fA d1 fQ Cn (4 ln fA l0 f4 ln Cn UJ (4 !n fn f~ tn [O !4 ln (d V7 fA fn tn fn f4 !D tQ f4 VJ (/1 tn lA ln ln fn CD VJ 2
~
~zzza~~mzz ~~zrzzzrrz~zzzz~~zzzzrmzrz~~zzzrz z
'nooooo3300 30000000003000033000003000000000o a
~
T T ~
C~ f0 l0 l0 C C l0 ~ C pt 7 fd /O N l0 f0 7(0 C N ld ~ 7 C C
?~dmom•,~'~yo ~momdmdysy•~y~mg~~.~mdya`~ia`~ima~ia~ia~iac0ia~imo~ima`°ia1°i o~i
UUUU.U¢a[UU ~UUUUUUUUU¢UUUV¢¢UUUUUUUUUUUUUUUU U
t t ~
~ L
L L L = J L ~ ~ ~ ~ Ol ~
a ~ ~ ~ ~ ~ m ~ ~
~ ~ ~ ~ ~ :7 ~ m
~i ~i ~i ~ ~ ~j d y b ~
a Abb p ~ d ~ ~ (n
a,Jt~l~ .c.cc~2 t~1L o" b«. b,J,, 0...-...
Ol LL ~ CA L Z L L L L CA t(n L L Z L L L t Z L t t L L L L t~~ ,L
w
Y ~,5,~~ O/ °~"rn arnrn~-rn~-oirn rnrnaotr~-rnrnrn rn
m m m m ~ m~~ c~o m~ cTa m~ ~ S, T. y y 3, 3, 5, 5, 3. S. ~S. 5~o. S. 5.
0~0~ ~DOO 000000~ 0~0~0~~~~~00000~0~~~00~~~ p
0
da>mdma>maa~m a~da> ar
~ ~Q Q ~'Q Q ~Q Q Q > > > > > > > > > > > > > > d a~ d d y ~
~ ~ y~'aaaaaaQaaa ~'~'aaa~'a ~'~'a~'~'~'Q ~Q~~~a'a' d
~ p4D~ N~ Cl Ol y~ ~~l ~l ~~f Cl y~~~ Ol C~~ C Cl C N tp ~ C C N C H h~ 41 N N~ y Ol 0~ m l~ .
~ C C~~ L/tl /0 ~ l0 l11 l0 ~ l` lV N l0 l0 l0 f0 ~O 10 l` l0 l0 ~ f0 C~ Cl Cl ~1 N l0 N
5['YOOYOOY~~~j~p~p`~~~Sa~~'YY0005C0'Y'YOSC5Z52~'YO52525200 ~
m d y
~ aa ~'~'a' a' ~'~'~'a'~~~~~'~'~'~'~'~'aa a aa~'aa'a ~'a aaa' a
mm==dx~~===~ ====x==dm~~~ ~
C/~ C C y h~ f~ W~ N Vl 41 ~ vl N N M N tp (q N N 41 C~ CN N N m N 2 N~ m m N== y
l~ l~ e~0 C C~ C C C~ C C C C C C C C C C~ lC qf ~ C1 Cf lC ~~Q l0 ~(tt f0 lC0 C~ N ~
0O525Z04YO~52~2O523ZY5cYY3~~5ZOO5ZY5~Oi200~ZOO0~2C~5zO00~Z52 O
~ v~ rn a o v~ m o ~o v~ rn ao ~n ao co
aNNalh a~ NOOON~N1~~~ p(~
F ~NO1~N~I~N~CNf~fDf~ a~MV NIAinO0c~700 n$~~~ V~~NM(ql~ [+>N ONODOD ~
' N t
0 O tn <D C D (
V ~ t0 O 7 N t q a ~
y
~ ~ ~ ~ r ~ N r- r ~ ~(V ~ N ~ ~
V O O
f I~ O 00 (
p ~
EO OD CO [O CD CD 00 CO CO W GD CO CO GD W W CD a0-CO OD c0 CO GO OD CO CO W OD CO
NNN~j 000000000000000000p ppp ~~~~~~0)01~0»p~Q~p~
O O O O O O O O O O O O O O O O O O O S p p p$$ O O O O O O O O
N N N N N N N N N N N N N N N N N CV ~1 N N N N N N N N N N O O O O O O O O
. p~ ~ aNN aa~aa~~Ol~b(~O pp p~~j~Nn NNNNNNNNN N
a*-T.-~a NN~~,~, NNaN QNID ~1~701nfD0 ~
A aaaaa m i a~~n~n~on~~o`~'~o°'°'rno~Naaaaaa~Nm~i~ n3 N
r~ aa ~ ~
^~fN~f~ V t~OC~9N^eFa'Q~}~pp'~~~I~O~~tttO}}~~A(7~ V NtAq` O.-d~O~InN~a~tOp1~~p~AGO
~ NNNNNOOONONNNO~~pn~ap^~~N~Nn$~f~~N a^~~ppN.}N ~p~ ~
cp N (h O f~7 f~7 (w [h ~(7 00
iZ tOtOOftOtOlAbtnOflnp~CfO1tAN~A(D(Ot0lOtOtOtO~tOt~10~t0(O~ ~OONaDNNNNaDN~
~ t0t0nfC(O~O~p~ ~~DO~01~OfOl~tO~ (OOftDp~p~~p~t0~~ 1n
~ ~ n ^ n t0 ^ ~ ~ t0 Of Ol t0 ~ Of ~ ~ O~ ~ ~
n ~ n n n n
S
~ N N r~'/1 N 'r
wc°n3~w3 3w
~ ~~LL1L ~ll ~lL
~ O~ O O O O ~ O ~
O O N N O
.Y1
A
y oooooo°o$o~i~i°o '
~ M~MtOtn~~ V M
~
7
~
a
~
~
w
~ ~ ~
Q~~~~~~~~~~~
o~~~~~~~~~~~
a>p>Q>Q>p>>>>>>>
~ c~C7CJUUUUUUUU
a>Na~n~mNmNmaia~
j 7 7 U 7 7 7 7 7 7 7
~ J J J~ J J J J J J J
•a.j«;.:.-+.:
N~~~~~~~~~~
w
~ 30303ooo3flo
d
~ ~ ~o~~ ~ ~
~R ds m m o~ ms•~ o c~
a QUUUUUUUCtU U
t L t
p~ O1 Of
t J J J
~ ~ N m N
~ N ~ ~
a O O O
L L L Z L L Z L Z
.~C O) C~ ~l C~ ~p
la t~0 l~d l~0 l~tl 7 t~0 f~0 ~ l~C ~
O ~ ~ 0 ~ 0 ~ O ~ ~ ~
0
~ > >
~ a Q v~ v v~o v v a ~
N dQOC~2Q~~2 N
~Y ~ ~YYYY Y C C C ~C
b U U U._ C
~ OO~~a°Ca°[¢°cLnc~i~cLi~<'n
~.~~a'a'aaaaa'a'a
~~~,~dd~~md~
~ o ~ ~ ~ m ~ ~ ~ ~ ~ ~
¢ccooooo`oppooo
~ ~fON(~O~~~ODr V
N
O O ~ O O O O O O O O
O O O O O O O O O O O
N N N N N N N N N N N
~ ln CO ~ T r CD ~ t0 m N N
A a~ O ~ O O c0 a
CO N t0 a0 CO N u7 t0 CO ~
N~ N f~~ ~ Orf d' ~ C^0 N
ao~coaoco~mrnm~o
~ ODOONONf~NOONC~
z cor~~nmcnm~~n~cco
~ rno<crn^rn^rnrn~c rn
Jeffrey Johnson
From: Brad Currie [bcume(~landdesignsouth.comJ
Sent: Tuesday, July 27, 2010 9:53 AM
To: Jeffrey Jahnson
Cc: Gelcorp Mgmt
8ubject: FW: Mcz project
Below is the email from Marty.
Thank you,
Brad Currie
Direct: 772-924-2602
Cell: 772-g12-5633
htt : /www.landdesi~nsouth com
The information contained in this trans~aission is intended only for the individual to whom or
entity to which it is addressed. It way also contain privileged, confidential, attorney work
product or trade secret infore~ation which is protected by law. If the reader of this message
is
not the intended recipient, or an e~ployee or agent ~esponsible for
delivering the message to the addressee, the reader is hereby notified that any
dissemination, distribution, or copying of this co~unication is strictly prohibited. If you
have received this con~unication in error, please iNediately notify us by telephone or
return electronic mail.
-----Original Message----- ~
From: Marty_Sanders/stlucie@stlucie.kl2.fl.us
[mailto:Marty_Sanders/stlucie~stlucie.kl2.fl.us]
Sent: F~iday, 7uly 02, 2810 7:50 AM
Tp: Brad Currie
Subject: Mcz project
One stop on Snead ~Kelly Road.
Marty Sanders, PE
Under Florida's "Public Records" law, absent a specific exclusion,
written communications to or froa~ St. Lucie Caunty School District
employees are considered public records. E-sail co~unication with this
correspondent may be subject to public and sedia disclosure upon
request.
i
PHYSICAL BUS STOP WEST OF 1-95 Distance from 1-95
1 CRNR LOOP RD & ORANGE AVE 1•09
2 CRNR S CARDINAL PL & ORANGE AVE 121
3 8910 ORANGE AVE 1•22
4 CRNR LE JEAN DR & ORANGE AVE 1.46
5 CRNR ORANGE AVE & MORNINGSIDE DEV 1.67
6 CRNR ORANGE AVE & MORNINGSIDE/Palm Breezes 1.67
7 CRNR FFA RD N& ORANGE AVE 2•31
8 CRNR ORANGE AVE & EMERALD AVE 2.37
9 CRNR ORANGE AVE AND BERGER ST 2.65
10 11240 ORANGE AVE 2~77
11 CRNR ORANGE AVE & CAMPBELL RD 2•82
12 11535 ORANGE AVE-Marvin Turner-A/C 2•96
13 CRNR ORANGE AVE & COKER RD 3.33
14 CRNR ORANGE AVE & W COKER RD-Cateb Voechting 3.33
15 CRNR ORANGE AVE AND WOODCREST DR 3.39
16 CRNR ORANGE AVE & CYCLONE DR 3•~~
17 CRNR BROCKSMITH RD N& ORANGE AVE 3.83
18 CRNR BROCKSMITH RD S AND ORANGE AVE 3.83
19 CRNR ORANGE AVE AND SUNR~SE DR* 4.08
20 CRNR DUSK WAY & ORANGE AVE 4•21
21 14040 ORANGE AVE 4.57
22 14149 ORANGE AVE 4.62
23 CRNR ORANGE AVE & GODWIN WHEELER RD 5.33
24 CRNR ORANGE AVE & TROWBRIDGE RD ~•59
25 CRNR ORANGE AVE & GRAVES RD S 6•1
26 CRNR HEADER CANAL RD N& ORANGE AVE 6.3
27 28082 ORANGE AVE 13.32
27 BUS STOPS ALONG ORANGE AVENUE
JUL 23 2010
B~s SCHOOL STOP PU TIME DEL TIME
2201 Ft. Pierce Centraf 11535 ORANGE AVE-Marvin Turner-A/C 5:43 A.M. 2:20 P.M.
2201 Ft. Pierce Central CRNR HEADER CANAL RD N& ORANGE AVE 5:45 A.M. 2:26 P.M.
2304 Samuel Gaines Academy KS CRNR ORANGE AVE & W COKER RD-Caleb Voechting 8:30 A.M. 4:12 P.M.
2403 C A Moore Elem. CRNR ORANGE AVE & MORNINGSIDE DEV 7:32 A.M. 3:30 P.M.
2412 Lawnwood Elem. CRNR ORANGE AVE AND SUNRISE DH' 7;28 A.M. 3:36 P.M.
2412 Lawnwood Elem. CRNR ORANGE AVE AND WOODCREST DR 7:29 A.M. 3:30 P.M.
2412 St. Lucie Elem GRNR ORANGE AVE 8 MORNINGSIDE/Palm Breezes 7:36 A.M. 3:22 P.M.
2529 Ft. Pierce Westwood CRNR LE JEAN DR & ORANGE AVE 6:18 A.M. 2:24 P.M.
2529 Ft. Pierce Westwood CRNR ORANGE AVE 8~ SANDLEWOOD DR 6:27 A.M. 2:38 P.M.
2534 Samuel Gaines Academy K8 CRNR ORANGE AVE & COKER RD 8:40 A.M. 4:04 P.M.
2534 Samuei Gaines Academy K8 CRNR ORANGE AVE & CAMPBELL RD 8:41 A.M. 4:15 P.M.
2534 Samuel Gaines Academy KS CRNR ORANGE AVE AND BERGER ST 8:42 A.M. 4:02 P.M.
2534 Samuel Gaines Academy K8 CRNR ORANGE AVE & MORNINGSIDE DEV 8:45 A.M. 3:59 P.M.
2534 Samuel Gaines Academy KS CRNR S CARDINAL PL & ORANGE AVE 8:47 A.M. 3:57 P.M.
2535 Ft. Pierce Central perf CRNR S CARDINAL PL & ORANGE AVE 5:42 A.M. 2:25 P.M.
2535 Ft. Pierce Central CRNR ORANGE AVE & MORNINGSIDE DEV 5:44 A.M. 227 P.M.
2535 Ft. Pierce Central pert CRNR FFA RD N& ORANGE AVE 5:46 A.M. 2:29 P.M.
2535 Ft. Pierce Central pert CRNR DUSK WAY & ORANGE AVE 5:50 A.M. 2:30 P.M.
2535 Ft. Pierce Central CRNR GODWIN WHEELEA RD AND ORANGE AVE 5:52 A.M. 2:31 P.M.
2535 Ft. Pierce Central CRNR BROCKSMITH RD N& ORANGE AVE 5:55 A.M. 2:36 P.M.
2535 Ft. Pierce Central perf CRNR ORANGE AVE & COKER RD 5:59 A.M. 2:37 P.M.
2535 Ft. Pierce Central perf CRNR ORANGE AVE & CAMPBELL RD 6:08 A.M. 2:38 P.M.
2544 Samuel Gaines Academy K8 CRNR LE JEAN DR & ORANGE AVE 8:30 A.M. 4:22 P.M.
2544 Samuel Gaines Academy KS CRNR 36TH ST S& ORANGE AVE 8:35 A.M. 4:28 P.M.
2663 Ft. Pierce Westwood CRNR GODWIN WHEELER RD AND ORANGE AVE 5:52 A.M. 3:33 P.M.
2663 Ft. Pierce Westwood 14040 ORANGE AVE 5:55 A.M. 3:08 P.M.
2663 Ft. Pierce Westwood CRNR ORANGE AVE AND SUNRISE OR' S:57 A.M. 2:59 P.M.
2663 Ft. Pierce Westwood CRNR ORANGE AVE & CYCLONE DR 5:59 A.M. 3:06 P.M.
2663 Ft. Pierce Westwood CRNR ORANGE AVE AND WOODCREST DR 6:00 A.M. 2:53 P.M.
g~g SCHOOL STOP PU TIME DEL TIME
2663 Ft. Pierce Westwood CRNR ORANGE AVE 8 CAMPBELL RD 6:02 A.M. 2:51 P.M.
2663 Ft. Pierce Westwood CRNR ORANGE AVE & MORNINGSIDE/Palm Breezes 6:06 A.M. 2:47 P.M.
2665 Dan McCarty School CRNR LE JEAN DR & ORANGE AVE 8:36 A.M. 4:32 P.M.
2711 Pace Center CRNR BROCKSMITH RD N 8 ORANGE AVE 8:27 A.M. 4:33 P.M.
2711 Pace Center CRNR ORANGE AVE & EMERALD AVE 8:33 A.M. 4:12 P.M.
2711 Pace Center CRNR ORANGE AVE & MORNINGSIDE DEV 8:35 A.M. 4:10 P.M.
2935 Ft. Pierce Central perf CRNR LE JEAN DR & ORANGE AVE 6:31 A.M. 2:36 P.M.
2939 Ft. Pierce Magnet K8 14149 ORANGE AVE 8:27 A.M. 4:44 P.M.
2939 Dan McCarty School CRNR DUSK WAY & ORANGE AVE 8:28 A.M. 4:36 P.M.
2939 Dan McCarty School CRNR BROCKSMITH RD N& ORANGE AVE 8:29 A.M. 4:35 P.M.
2939 Ft. Pieroe Magnet K8 CRNR ORANGE AVE & MORNINGSIDE DEV 8:34 A.M. 429 P.M.
2946 Lawnwood Elem. CRNR LE JEAN DR & ORANGE AVE 7:40 A.M. 3:26 P.M.
18 BUS@S
a v d w d w d v~ d w d v w d v w a a d v a w w v d~ d v~ d w w~
c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c
d v v w W~ w w d~ v w w d a d w a w a w W v w d w d d a v d d v v~
~ v v v~ v v v v v v v~ v v v v v v v v v v v~ v~~ v~ v v p~ p
~ N N N N VI N~N VI VI N~N ~N N~V1 ~VI ~N N~ 'N YI •jA •j/~ •y~ •1/1 VI ~N NI ~N 1n N N N N
o c~ a~ ar w w d v a m w~ w w w w o~ w v w v~i w a, u~ o~ o~ w ar v d d~ y w o2f otl ob o~s
,n o[ oc z~ z~~ z ac oc rc cc ~ ac ac oc o~ oc ac oc ~ z~~~ ac ~ oc oc ~ a a a a
v v v v v v v v~ v v v v-o ~ v v v v v~~ v v v~ v v v v v v v v E E E E
m m m m io co co m m m m m~o m co
0 0 0 o O O O O O O O O O O O o ~/O ~6 ~~~~O f0 ~/O ~~~~~o io
~ p~ p~ ~ p~ O O O O O O O O O O O O O O O O O o
C OC OC C C K K OC C OC C' OC p~ a' C K K a' v~~'. .i ~i ~i
vvvv'o~ovv'ovvvv~va avvvvv~~vv~~-o-ov~~v c c c c
w w a~i a~i a~i a°Ji a~i w a a°~i w a~i a~'i a°Ji a~i w w o~i o~i a°1i a~i a°1i w d a~i a~i a~i a~i a~i a~i a°1i a~i ~i a°~i c c c c
VC1 VCf VCE N N V~1 VC1 V1 N V1 Vf Vf Vf Vf N N H V1 fn V~1 tn V~I V~f V1 VCI V~1 N VI V~1 N V1 N V1 VLI ~!f tA N Vf
M
m o mg~ m m .~~o noo.~
oo r~ ° ~ ~"'i o 00 ~
q v1,~a v aa v`~va v
13 OD ln f~ V1 00 M N rl VI I~ O M V1 M~O ~A V1 tA N V1 Y1 ~!1 00 V1 V1 M V1 l0 M V1 Q1 l/1 N Y1 ~f1 N1 1f1 V1
N O rl ~ 1~ l0 N f~ ti -tD ~!1 OO d 1f1 ~ ef a d V1 V 1~ l7 ~ I~ d a-1 ~ ef 00 CI ~ d~ ~f
~ a~ M rn.-~ O~ N C1 O~ C~ rn 01 01 01 a1 O1 O1 O1 O1 01 01 .-1 01 01 O O~ ~ O1 C1 1D 01 01 01 Q1 01 01 01
'^1 M M M('m/) M lm0 O f~ M M M M M M M M M M M M M M M f~rf M M M M f'ar'1 M M M t'~i) M ffa f'ai1 M
W
r
A
N Z LL LL LL LL LL OC WC J J J J J J J J J ~J J J~ J J J J J J ~J J J J J J J J J J J J
` G LL LL 1L LL LL LL LL LL LL LL LL LL LL LL LL l1. 1~ LL LL L~ LL LL LL L~L LL LL LL LL LL LL
t
y d a~ N
~ c ~ ~ d ~ v u w'c~ a ai w a~ ai w w v y v m.ai
u ~ Gl y G/ W ~n ~ N ~ J ~ L L ~ ~ ~ ~ ~ L U V u ~ j V U U U u u u U
u 41 v W W Ol Gl N N W W W N W N Y f0 J ~ ~ ~ ~ a. ~
~ w a+, w~ w w w v w a~ a
~f0 a~ a ~ m ~ 1 m 4 N G. V/ d d d d'a 'a 'a a' a d C d Vf a
E ~ ~ ~ ~ ° ~ C ° ~ r C C ~ ~ ~ C ~ ~ ~ ~ m ~ ~ ° ~ " a 'a 'a a 'a 'a a a
~ LL d tn d~i ~ LL d ii a t~i LL~ LL LL~i LL LL c O O O O~ O O io O O O O O O O
C LL{L U LL ~ a LL F- LL LL LL tl ~y LL LL
O
~ ~ U
0 ~
~ ~ ~ 7 7 W
~ 07 t m r6 y > 2' W U V C C 7
'O ~ . ~ -p ty ~ ~ O `1 > O 'O a > N ~ Q .t.+ ~ U t~o > > W ~
Q~ v o z.~ c c Q_c a s v~° c z~~~ z° t~ E~ v a a Q z
~ C=~~ r0 Gl ~ N~ vl d ~D ~ . OU C' 2' ~ 0 2' ~ 5 C K W N
> 9 ~ U"C ~ 'O C'O 1A ~ V1 00 00 Cl
f0 G) L l7 f'n W L 00 'O W 10 N 41 'D N ~ Gl G) N y~ F_ N pmj 07 N W 1~0 ` C O
p~ m v~i o aU`Oi m x N a ~ 3~~ w c a°~i c'~' c o c z c c 3 c"' 3 c O0 c c c o O
~ N O~ tn V1 m ~ ~ O V1 N C V1 W N~ N ~ t/~ V1 2 V1 x VI N x Vl V1 V1 O f0
,1 O 00 O O u1 N e-~ O~ O o0 e-i tG u~ O O u'~ O m O O a~ ~A '-I u1 .y O V
0 i O O GO Q1 O t!1 N O M N f~ 00 N N N O t0 Gt 01 ~-i N.~-~ V1 C1 M 1~ O Q1 Vl ~Il e-I
N e~l N tf1 ~-i N lD N O M 1D e-I 1D a 01 l0 O S N I~ ~ ti tA N N M 01 rl O N l0 O u'1 1f7 1~ N M O
~1 'y N m a-i ~O 01 C N N M O1 M I~ N r-1 tp N 1!1 ry1 r1 M~-i N N M N a rl N a m(+') M M.-1 OO Q1
M
H
>
J
00 J
~ J
y ~ ~ J C
W
~ ~ AO ~ a C N y
~ J C N ~ N ~ ~
L ~ ~ ~ v~i ~ U C
~ L J
~ 2 w p G' m ~ a ~ c
t N C W Ol O ~ ~ -
GO J jp ~ ~ t0 y p C ~ U O tCp ~7
Z Y ~ V' v~ m Y N W~ J 01 L ~ d ~ ~ ~ ~ W OJ ~ J ~ a c~C ~ 3
~ ` ~ a n m ~ Y r ~ ~ ~ o0 oc u ~ o ~ ~ 3 ~ E v ~ E ~ zF- w c ~ ~ .Y ~ ~ ~
LL Q m a0 U w w l7 2=~ a~ c c v m m O~ O~n ` a~i ai ai t ~ F~,~, t~ d O/O o.~0..
- ~ X Y Y cL Z Z 2 a C aC oc ~ v~ Q v~ ~n 1- H cn 3 m~ tJ v~
7
~
U
E O
~
~ o
" N
~ Q c
u ~ ~ ~ ~ '0 ^C'rJ'
N LL V ~ ~ ~ ~ J J ~
U
~ ~ ~ F~~ o Y a ~ ~ o ; J
v' L oZf ~ Y C~S ~ ~ ~ ~ J ~ ~
~7
C ~ O y ~ .c O £ O N ' W J ~ p Q ~ ~ ~ ~
00 ~ i~ ~ ~ p y W F- 02) ~ pZ! pi! ~ ~if o7S o~f
'm ~ ~ m o~'c Z ~ E ~ ~'i' c z ~ v y.c o E
~o
~ ~ Y 3 Y Q tt/f 3 ~ 3 2~ d> Y Vr~i F- U z u~. l7 U 0
1~II VI N N V1 N 1~/1 N N N ~ V~I N
y~ y~ •V1 V1 VI N V1 •N N N N VI V1
L L L 6. L L L L L L L ~ L
Q ~ 0 Q ~ 0 0 Q Q Q Q
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
N N N N N N N N N N N L t t L L L L L L.L L.C t
N~~~~~^~ m,m m oo m m m o0 0o m m m m
a a a n. a a a a a o. d a a. Z Z Z 2 Z Z 2 Z 2 Z Z 2 Z
E E E E E E E E E E E E E E y v v w~ w d d w a~ w a~ d
O O O O O O O O O O O O O O ar r+ r+ r~+ r
~ ~ ~ ~ ~ ~ ~ L ~ ~ N N ~0 N N 10 ~O 10 ~O c0 f0 ~O /0
w w v-, r- v- r- w w w w ~ w. ~ 'C ~ 'C 'O ~ ~ ~ °O ~ 'O 'C '6 ~
C C C C C c C C C C C C C C ~ ~ y ~ y ~ y y y y d
c c c c c c c c c c c c c c E E E E E E E E E E E E~
eo ao m m m eo ao,eo ao m ec eo m eo E E E~ E E E E E E E E E
Vf Vf Vf Vf Vf VI tA Vf N tn iN i%f U1 N - -
u,ni a ~ ~
In V1 1A V1 v'1 ~A tA lA M V1 V1 V1 N'1 tA t0 1~ 1A Q~O M e-i t0 O 01 N u'1 f~ N
a d' d~~~ u1 ~7 V~i t0 O a~ v1 00 ~O O d ~D 1~ ~O ~ t0 tn
rn rn rn m m m m m m m rn rn rn m u, m rn ao v a.-~ m rn m m m rn
a a a v v~ v a a~ d a a a m m m v v m m m rv a n v N v
M M M M M M M M M M M N7 m m M M rl M M M(v1 M M P/1 M M M M
l,L LL LL LL lL 1L LL LL. LL l.L LL LL L.L LL LL LL LL LL LL LL LL LL LL LL Z LL LL LL
U
d
u~ v w d v w v w u v a~ w v w ~ w w u t E°J ~ w 3 a~ ~ u
u u u u u u u u~ c~ v u u`~, u`~~' D~ i i m~
~ ~ ~ ~ J ~ L T Gl Cl J ~ ~ 01 N tO+ N d J
N N W d W N 0/ W 0! N N Gl N
i'aaaa'a'ac.v~a aaaavfaa,"n3atDma `amN
~ ~ ~ ~C C ~ r ~ C C ~ r ~ ~ ~ r r ~ C ;~p~ d ° ~ C`o ~ ° C
1lO tOL 1OL I.OL ll lL LL LL d l/ lL LL LL lOl d 1OL LLL lOL 1 J~ V ~ lOl L l/ ~ a
N
~ y N O
N N ~"O 7 > C ~ N ~ <f
G! G! N C C O K ~ y C p ~ N m N N > U~
Q O ~ ~ 0 Q Q L= U~ 0 ~ Q C~ ~/1 ~pppp ~_G ~ W O 7 W ~ V1
d~ N N G7 ~ ~ E r,.~_' ~n ~ OC 0~0 N O C N L= Q N C) C H=
m C D:C ~ ~ C Y t~ v N N ~ e~i V~1 L'' Y U d t r-I > ~O t~
C ~ ~ ~ ~ p v ~ ~ ~ w 'X ~ x x m ~ y ~ic x Q ~ S ~
O vf6i O O O O O~- C7 ~ c O O Y 0~~ Y f~
~ madaop m33 a~nNJp mm~v~~Nrnm ~~n
O N V.1 O.-I O N~ h Z O O M~ O N 01 v1 d 00 O Op
v1 e-i O O O a0 00 O~D a ~ O N~n Q N Q O N ymj N S O~ O cY1 00 O
O ~ O st u'f ~!1 00 a0 00 V1 T O lf N R v
N .-i O~ 01 01 01 N N N~ Qt M 01 N ei N ri O. 6. 00 V1 M V1 N a a~-1 N~ 00
M
~-4
T
7
m U
c Z
o C
m
~ ~ u
a ~
~
L ~ ~
C 3
O ~ N LL
0o O ~ ~ ~ O ~ O w
Z ~°r C C o•'^ V a y ~ o m v~ E ~ i ~
_ ~ ~ ~ 3 t - ~ 0 = 'c c m ~ ~ >
E ra ro y o u m m ro co = t
~ 3vamm~n~~~na zx f 30~~ vi = 3
LL
~ J
J
V u "C
~ l.7 J ~ ~ t
~ d ~ in O ~ C
~ u` N a` ~ m u
~ ~ o Q•` ~ ~ oC ~ c
u ~ ~ ~ ~ J c ~ o
c ~ c y> c N 1O ~ 2 ~
~ ~ u c ~ ~
~ m°~ N Q > ~ w E C> ~ p ~ W
N N N OC L ~ y N j ~ ~ a
J ~ ~ ~ a~ °iS ~ °~S v V m ~ T u °iJ ~ ~ ~ ~ ~ ~ L
y Q ar y.. v~
~ O j~ L t y = iO m~ ~ c- O~ a~ ~ ia ~n V
r W A V a~,+ =1 ~
u~ o~ v ~ t~ c~ ~ Y m° ~a a, o° v=' a~
~ ~o s > ~3>3>oz~coc7Q~a3~
~
7
~
~
G o
N
l~~ J
f
~ m
r `
ts Q1
~ ~
d l
o ~ ~ ~
~ n
~ ~ P' -
~ ~ ~ N ~
L ~D ~Y c- ` o ~
~ , ,
~O ~ ~ ~ ~ ~ ~
o = ~ ~ U~ ~ ~ R ~
~ ~ ~ ~ r ~ 1~w ~ ~
~ ~
~ ~ ~ ~ ~ ~ ~ ~ v) ~ ~
I~ ~ O, N ~ ~ i i cY
tw ~ ^ r
~ o ~ ~ r r ~ ~
1 ~ ~ ~
~ u ~ r-
~
~ ~ ~ ~
~ ~ o~
O M ~ J
~ ~ ti m
L , ~ d 9
o ~a~~ ~ ~ ~
~ ~ ; ~ ~ .
~ d o ~ ~ ~
~ ~ ~ ~ C ~ `
z ~ ~ ~ ri ~J C~
~ ~ W ~ " ~ C~ ~
~ ~ ~ ~ ~ ~ ~
LL o ~ ~ ~v ~ o
~ tt~' ~ ~ rb ~ 0 o n•~ n! ~
~ Q v -1a ' ~ Ll ~b C~` ` J-`~- c-0,>
U ~
~ .
L ~ ~
~ ~ ~
V
~
U ~ ~ f
~ C , ~ \
~ ~ ~ ~ 1 V
C ~ ~ v ~ r ~
~ ~ ~ ,Nr ~ ' '
_ ~ ~ ~ 4 ~ `
Q Z ~ ~ ~ n ~
~ ~ s ~ ~ ~ ~
~
~
~ ~ ~
0
N
~ ~ N
' r r t
~ s~ ~
~ t~
~ ~
~ ~t a.
°d A 1
~ d `ZJ
~ ~
~ O c~
~ U ~ ~
L c~ ~ ,
o ~
~ v ~ ~
~ ~ r
V ~ 1
N
~ ~ ~ ~
~ ~ ~ ~
~
~
, -
~ ~
L ?
~
0.1
~ ~
~
~ ~ ~
v ~
~ ~ ~ ~
~ ~
~d ~ ~
~ ~
Q
~
~ ~ ~
~
,
~ ~
~ ~
~
~
Z ~
Jeffrey Johnson
From: Chahine Burgess on behalf of Doug Coward
Sent: Wednesday, August 04, 2010 9:01 AM
TO~ Jeffirey Johnson
Subject: FW: Rock Mines
I~}~;
Here is another e-mail the commissioners received.
7'hanks,
Charline
-
.
. . .
Fro~n Barry Minette [maiito:bminette1947@gmail.com) ~
Sent: Tuesday, August 03, 20101:58 PM l-l.
To: Chris DzadrnrskY: Doug Coward; Paula L~e~wis: Chari~s Grande; Chris Craft
Subject: Rodc Mines
I strongly object and oppose the rock mines in the vicinity of Orange Avenue. The safety liazard to the people
entering and elciting Orange Avenue, as well as safety to the children_ The wear and tear on the roads and the
potential shifting of the land due to explosions. As a resident of St_ Lucie County Florida, I don want these
trucks on our county roads aad do not want the re~sining residents of St. Lucie Coutrty to use their tax dollazs
to repair and/or replace roads . I.ocations of rock mine sites should be chosen with suitiable transportation
infrastructure already in place_ Please keep our roads, buildings and most of all our children safe.
Sincerely,
Barry Minette
153 Blue Grotto Drive
Fort Pierce, Florida 34945
_
.r..__ ...-.r ,._Y~.._..,_,~
_ , _
Please Nc e, Flonda has very broad public records laws r?lost written coinmunications to or from Caunty officials regarding County business are pubtic records ~f ~
a.~aiiable t; the public and media upon request It is the pol~cy of St Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your e-mait communfcations ~aif( be subjeci to public discfosure im(ess an exemptio~ appfies to the communication. ff you received this email in error,
please no!ify the sender by reply e-mail and delete al1 materiais from al! computers.
1
.leffre Johnson
From: Kara Wo°d ,
Sent: Wednesday, August 04, 20701:24 PM
To: Jeffrey Johnson
Subject: FW: Rock Mines, St. Lucie County
From: Chris Dz~dovsky
Sertt; Wednesday, August 04, 2010 8:41 AM
To: Kara Wood
Subject: Fw. Wod~ Mines, St. Lucie County
One more
__r._
From: marcohen@aol.com
To: Chris Dzadovsky
Sent: Tue Aug 03 22:45:59 2010
Subject: Rak Mines, St. Lucie County
Dear Commissioner Dzadovsky,
I hope all is going well. Pve receMiy moved to St. Luae and 1 find 'R to be a quiet and nice area. I purchased a brand new
home in Ft. Pierce last year and I plan on making this my pem~anent ~+esidence- As ~ be9an to le~amo~ nd have man'nes
that are possibiy coming to an area dose to Orange Avenue I bec:ame disheanened. 1 strongty pp Y
concems regarding this safety hazaid. W~th the "X" amouM of commerical tnicks and other vehicle thai would increase
the traffic and flow due to these mines, would be take away from what ~ woukl expec~ to happen in this area. If you
haven't driven down Orange Avenue, west of 1-95 I would imite you to do so during the day or nigM. On your ride down
during the day you will see unmanicured grass, roads that need repair and tt~e absence of a side walk for people to
walk/run or ride biqdes. At night, would you not be able to see bareiy anything because the road is extremely dark and
present a different set of issues. When I think about ttte chddnen lhat cumentlY Nve and ~ th AvenueAs a health care
into the area, I become concemed. 1'm concemed about their safely and securiry along nge
provider, I would hate to know that I am taking care of a patient(s) ihat w~ere in an aa~;iideM from someThing that happened
along this road due to the Rock Mines. .
Additionally, I am concemed about the i~rastiuctur~ to my brand new home and haw the ra* mines could cause possible
damage (shifting and cracking). I'm sure that vire would try to make belter plans for the {and that e~ost out in this area
besides bringing s Rock Mine in our c~mmunity_ As a resideM of SL Lucie, l firtnly stand against having these additional
trucks (which could be miNions over the next few years) on our roads. Other opiions should be e~cplored besides Orange
Avenue for this project. Myself and other tax payers in St. Luae Courrty should not have our tau dollars being spent to
repair the roads or any other issues that may arise due to the Rodc Mines. 1 hope that this email serves as an invitation to
further explore other opGons and to visit Orange Avenue, vrest of I-95 and see what wortc needs to be done. Thank you
for your time and consideration to the contents of this email.
Sincerely,
Ishmeat Cohen
104 Blue Grotto Drive
Ft. Pierce, Florida 34945
Phone: 772-462-1906
~
Jeffre Johnson
From: Kara Wood
Sent: Fmiay, August 06, 2010 8:14 AM
To: Jeffr~ey Johnson
Cc: Mark Sarierlee; Michaei Powiey
Subject: FW; Stop the Rock Mines near Orange Avenue
7eff,
Here is another email forwarded by Co~issione~ Dzadovsky with a specific question about
information on citrus truck traffic. Do we have this? Please prepare a response to him.
Thanks,
Kara
-----Original Message-----
From: Chris Dzadovsky
Sent: Thursday, August 05, 2@10 4:49 PM
To: Kara Wood
Subject: FW: Stop the Rock Mines near Orange Avenue
Kara:
Here is another email against the mine off orange.... the way the email reads it is a parcel
and not a home???
The arguments seem to be mostly about truck traffic but I suspect that during the peak citrus
era a hundred time as many truck laden with oranges and grapefruit have traveled that road
for decades.
Do we have any data about citrus truck traffic?
Respectfully,
Chris Dzadovsky
St. Lucie County Commissioner
District 1
Office: (772) 462-1410
Mobile: (772) 834-6581
"All children are capable of success, NO exceptions!"
Please consider the environment before printing this email.
-----Original Message-----
From: Lloyd Slonin~ [mailto:lslonim@our3cats.com]
Sent: Thursday, August 05, 2010 8:31 AM
To: Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft
Subject: Stop the Rock Mines near Orange Avenue
Dear Commissioners,
1
i
I am the co-owner of ParcCanaleRS/M1 ~44201247 80 acaineStCelucie County,WFL/2 ~f NE 1/4-
less N 35 FT and S 29 FT
I am writing to protest the idea of having rock mines open up near our parcel.
Do you have any idea what thousands of heavy truckloads of gravel being transported.will do
to our roads? Why should we have to put up r+ith, and pay for, the daeiage this will cause?
Have you thought about the huge clouds of dust that will choke plants, animals, and people
who live or drive through that area~ It will be a wasteland.
Can you imagine having those gravel trucks by the hundreds and thousands driving by your home
or place of business every day~
I I just don't see any way that this is a good idea for the taxpayers of our area.
I Sincerely,
Lloyd Slonim
Please Note: Florida has very broad public ~ecords laws. Most written connnunications ublic
~ from County officials regarding County business are public records available to the p
~ and media upon request. It is the policy of St. Lucie County that all County records shall be
open for personal inspection, examination and / or copying. Your e-mail communications will
be subject to public disclosure unless an exemption applies to the conxnunication. If you
received this email in error, please notify the sender by reply e-mail and delete all
materials f~om all computers.
Please Note: Florida has very broad public reco~ds laws. Most written connnunications to or
f rom County officials regarding County business are public records available to the public
i and media upon request. It is the policy of St. lucie County that all County records shall be
! open for personal inspection, examination and / or copying. Your e-mail communications will
, be subject to public disclosure unless an exemption applies to the co~anunication. If you
received this email in error, please notify the sender by reply e-~eail and delete all
materials f~o~n all computers.
I
z
Page 2 of 8
38 C. Announcements
39 Mr. Satterlee notified the Commission of the Green Jobs and Innovation Corridor charrette
40 around the Treasure Coast Research Park, and briefly described the goals for development in
41 that area.
42 D. Disclosure
43 Mr. Culverhouse stated he received missed calls from Matthew Wynne and Mr. Stewart.
44 Mrs. Hammer stated she would recuse herself from the Hardscapes item because she
45 believes they did work for PGA Village and she does not want to risk a conflict.
46 Mr. Mundt stated he discussed the agenda with staff earlier in the week.
47
4g II. MINUTES
49 Review the minutes from the July 15, 2010 meeting for approval.
50 Mrs. Hammer moved to approve the minutes.
51 Mr. Schrader seconded. The motion carried 5-0.
52 111. PUBLIC HEARINGS
53 A. North County Regional Water and Wastewater Treatment Plants
54 Rezoning: RZ 920094011 - continued from the May 20, 2010 Meeting.
55 Petition of St. Lucie County Utilities for a change in zoning from the AR - 1
56 (Agricultural, Residential - 1 du/acre) Zoning District to the U(Utilities) Zoning District
57 to accommodate the proposed North County Regional Water and Wastewater Treatment
58 Plants. (Request continuance to October 21)
59 Chairman Mundt opened the public hearing.
60 No one spoke.
61 Chairman Mundt closed the public hearing.
62 Mr. Schrader made the motion to continue to October 21.
63 Ms. Morgan seconded. The motion carried 5-0
64 (Mr. Lounds joined the Commission)
65 B. MCZ/ Centrum Citrus Farms: CU 220081426
Planning and Zoning Commission August 19, 2010
Minutes
Page 3 of 8
66 Petition of MCZ/Centrum Citrus Farms for a Conditional Use Permit to allow a mining
67 operation (Sand and Coquina Rock) in the AG - 5(Agricultural 1 du/5 acre) Zoning
68 District. Staff comments and presentation by Jeffrey Johnson.
69 Mr. Johnson presented the petition, which was continued from the June 17 meeting to address
70 concerns of the neighbors.
71 The Commission discussed the route for northbound traffic, improvements to Sneed Road, the
72 use of the water truck to minimize dust, and enforcement of the traffic route.
73 Rick Reikenis, representing the applicant, stated the applicant has made a good faith effort
74 working with staff to address many of the concerns of the neighbors.
75 Brad Currie, of Land Design South, representing the applicant, gave an outline of the project
76 through a detailed slideshow presentation, which showed the reduction in the number of trips
77 using the new proposed route. Mr. Currie stated the conditions that the applicant has agreed to
78 make it difficult to compete, and every other mine would have to look at the same conditions.
79 Mr. Lounds asked Ms. Young if the Commission put conditions on this request would each
80 mine be subject to these or if they would be looked at individually.
81 Ms. Young stated each mine would be looked at individually but once the conditions are out
82 there they may be looked at for future mines.
83 Chairman Mundt opened the public hearing.
84 Mike Brennan, a Morningside resident, in opposition to the appfication, stated his concerns
85 regarding the safety of his children, the traffic that would still come down Orange Avenue and
86 the maintenance of the road.
87 Marc Casalino, a Casalino Road resident, in opposition to the application, stated his concerns
88 regarding loss of property value, a health issue caused by the dust, the noise, the potential for
89 more mines, road safety, and damages to the road.
90 Matt Borkowski, an Orange Avenue resident, in opposition to the application, stated his
91 concerns regarding road maintenance and safety on Orange Avenue and Sneed Road. Mr.
92 Borkowski stated the mine would not maintain the rural development in the area, and stated
93 his concerns regarding enforcement of the traffic route.
94 Amanda Casalino, a Casalino Road resident, in opposition to the application, stated her
95 concerns ~egarding dewatering of the area, the loss of property value, and the health issue
96 related to the silica dust.
P/anning and Zoning Commission August 19, 2010
Minutes
Page 4 of 8
97 Mike Glenn, representing an Orange Avenue resident, in opposition to the application, stated
98 his concern regarding traffic safety.
99 George Mabry, an Orange Avenue resident, in opposition to the application, stated his
100 concerns regarding safety, noise, and road conditions.
101 Robert Case, a Sneed Road resident, in opposition to the application, stated his concerns
102 regarding the traffic.
103 Julie Staton, an Orange Avenue resident, in opposition to the application, stated her concerns
104 regarding possible pollutants to drinking water, the impact on water levels for surrounding
105 agriculture interests, safety of the families on Orange Avenue, deterioration of the road, and
106 enforcement of the traffic route.
107 Stan Card, an Orange Avenue resident, in opposition to the application, stated his concerns
108 regarding road conditions and safety.
109 Michael Moore, a Sneed Road resident, in opposition to the application, stated his concerns
110 concurring with the previous speakers and the cost to taxpayers for repairing the roads.
111 Robin Nolan, an Orange Avenue resident, in opposition to the application, stated her concerns
112 regarding the road conditions and safety.
113 Don Star, a Casalino road resident, in opposition to the application, stated his concerns
114 regarding the dewatering, and road safety.
115 Matthew Wynne, an Orange Avenue resident, in opposition to the application, stated his
116 concerns of the safety and condition of Orange Avenue. He also stated the impact fees for the
117 project are minimal because they are based on the structure and not the impact on the road.
118 Mr. Wynne stated he has supported a mine in the past because the infrastructure was in place.
119 Chairman Mundt closed the public hearing.
120 The Commission discussed the silica dust issue, the width of the road, and the conditions of
121 Sneed Road with the assistance of the County Engineer.
122 Mr. Powley stated he recommends the Sneed Road corridor.
123 The Commission discussed the impact of wear on Sneed Road and enforcement of the route.
124 Mr. Culverhouse asked who would be responsible to pay the fine if trucks are not on the route.
125 Mr. Powley stated the truck drivers would be responsible for the fine.
P/anning and Zoning Commission August 19, 2010
Minutes
Page 5 of 8
126 Mr. Currie stated the neighbors and the sheriff would be enforcing the route, and the mine
127 would ultimately be responsible for the fines. He then explained the use of GPS to monitor the
128 direction of the trucks, and the use of an off-duty police officer.
129 Mr. Culverhouse asked whether the mine owner would waive any constitutional challenge if
130 they would be responsible for the fines.
131 Mr. Reikenis stated they would waive the challenge.
132 Mr. Mundt asked why the per ton fee was less per ton on Sneed Road than Orange Avenue.
133 Mr. Currie stated it is because Orange Avenue needs more work and discussed the various
134 fees the mine would pay.
135 The Commission discussed the traffic and enforcement further.
136 Mr. Lounds spoke at length regarding the safety and wear on the roads and stated it is not a
137 good location for a mine.
138 Mrs. Hammer agreed with Mr. Lounds and stated she thinks we should have respect for the
139 residents who bought in an agricultural area not an industrial area. She stated it is too heavy of
140 traffic for that area.
141 Ms. Morgan stated she would rather see rock come from inside the county, and she sees
142 commercial trucks on Orange Avenue all the time and considers it a main arterial road. She
143 said it is a capacity of 13,000 and we are only using 3,500. Ms. Morgan stated she would go
144 with the staff recommendation.
145 Mr. Culverhouse stated he has a problem with this because safety is a valid concern.
146 Mr. Schrader stated he thinks there are too many conditional requirements to make this work
147 so he would recommend denial.
148 Mr. Schrader made the motion:
149 After considering the testimony presented during the public hearing, including
150 staff comments, and the standards of review as set forth in Section 11.07.03, St.
151 Lucie County Land Development Code, I hereby move that the Planning and
152 Zoning Commission recommend that the St. Lucie County Board of County
153 Commissioners adopt a resolution denying the petition of MCZ/Centrum Citrus
154 Farm, LLC for a conditional use permit to atlow a mining operation in the AG-5
155 zoning district, because it is inconsistent with the area, it does potentially
156 devalue the homes in that area, and there is no direct route for those cort~mercial
157 trucks to take that will not have an impact on the citizens of St. Lucie.
P/anning and Zoning Commission
Minutes August 19, 2010
Page 6 of 8
158 Mr. Culverhouse seconded. The motion carried 5-1 with Ms. Morgan dissenting.
159 C. Hardscapes, Inc.: RZ 1120094024
160 Petition of Hardscapes, Inc. for an Amendment to the Official Zoning Atlas to Change
161 the Zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial,
162 General) Zoning District. Staff comments and presentation by Diana Waite.
163 (Mrs. Hammer recused hersel~
164 Ms. Waite presented the petition, which was created by a Code Enforcement violation.
165 Dennis Murphy, of Culpepper and Terpening, representing the applicant, said he would answer
166 any questions of the Commission.
167 Mr. Lounds asked whether this application was just to right a wrong.
168 Ms. Waite stated the applicant did not receive zoning compliance to start the business, and
169 needs to change the zoning to one compatible to this use.
170 Mr. Lounds asked what improvements would be needed to make it function correctly.
171 Ms. Waite stated the building needs to be converted to a commercial structure from a single-
172 family residence.
173 Ms. Morgan made the motion:
174 After considering the testimony presented during the public hearing, including
175 staff comments, I hereby move that the Planning and Zoning Commission of St.
176 Lucie County recommend that the St. Lucie County Board of County
177 Commissioners grant approval to the application of Hardscapes, Inc., for a
178 change in zoning from the CO (Commercial, Office) zoning district to the CG
179 (Commercial, General) zoning district because
180 Mr. Culverhouse seconded. The motion carried 5-0.
181 (Mrs. Hammer rejoined the Commission)
182 D. Ordinance No. 10-015
183 An Ordinance amending the St. Lucie County Land Development Code by amending
184 Section 2.00.00 ("Definitions") to amend the definition of "Multi-Use Path" to read "Multi
185 - Purpose Path" and to clarify that paths indentified as Greenways and Recreational
186 Trails, trails within canal rights - of - way, on the county bicycle, Pedestrian Greenways
187 and Trails Master Plan may be considered as Multi- Purpose Paths; amending Section
Planning and Zoning Commission August 19, 2010
Minutes
Page 7 of 8
188 7.05.04 to add a separate section on requirements for Greenways and Recreational Trail
189 for new development in Unincorporated St. Lucie County. Staff comments and
190 presentation by the Public Works Department and the Environmental Resources
191 Department.
192 Ms. Smith, Environmental Resources Director, presented the proposed ordinance.
193 The Commission discussed the map for clarification.
194 Mr. Culverhouse asked whether any of the trails were planned for property where the right of
195 way has not yet been acquired.
196 Ms. Smith stated yes some trails are planned for future acquisition or donation.
197 Mrs. Hammer asked why the greenways and recreational trails were recommendations of the
198 Environmental Resources Department, but the multipurpose path was a recommendation of
199 the County Engineer.
200 Ms. Smith stated the greenways are planned by the Environmental Resources Department and
201 the multipurpose paths and sidewalks are planned by the Public Works Department, but the
202 ultimate authority rests with the Board.
203 Mrs. Hammer discussed all of her concerns on the Ordinance.
204 Mr. Culverhouse asked how this would impact the drainage districts.
205 Mr. Harris stated they will dictate where we would put the path.
206 The Commission discussed how the paths will effect development and private property.
207 Chairman Mundt opened the public hearing.
208 Johnathan Ferguson, an attorney, stated he does not think it should be a code provision that
209 subdivisions should provide sidewalks unless there is an advantage to the developers. Mr.
210 Ferguson stated this should be a conceptual plan but codification of this would make it a
211 reservation map. He stated the Greenways plan is a regional plan and there should be a
212 regional plan to finance it. Mr. Ferguson requested that the ordinance go back to staff to see if
213 there is a more fair and broadly financed plan since there is no hurry.
214 The Commission discussed the conceptual plan.
215 Peter Harrison, an Orange Avenue resident, also representing Adams Ranch, also requested
216 the plan be sent back for more work. He stated he thinks this is an inordinate burden on private
217 landowners. Mr. Harrison stated since these are public paths the public should pay for them.
P/anning and Zoning Commission August 19, 2010
Minutes
Page 8 of 8
218 He stated that since new development in the western lands would have to pay for this, it is a
219 diminution of value.
220 Chairman Mundt closed the public hearing.
221 Mr. Mundt asked whether this plan would become a reservation map.
222 Ms. Lueke stated the Board passed the plan as a conceptual plan and it should remain so.
223 The Commission discussed the "fee in lieu of" for which the developers would be responsible,
224 with the assistance of Mr. Harris.
225 Mr. Mundt asked whether staff thought it would be beneficial to put more time into the plan.
226 Ms. Smith stated they just received the comments the day before and they thought there were
227 good points raised that they could revisit.
228 Ms. Leuke stated they could come back in September.
229 The Commission decided two months would be better.
230 Ms. Morgan made the motion to continue this item to October 21, 2010.
231 Mr. Culverhouse seconded.
232 Mr. Culverhouse asked whether staff could harmonize this plan with the Western Lands Study.
233 Mr. Harris stated our intent is not to go after agricultural operation.
234 Mr. Culverhouse requested they put that in there.
235 Ms. Wood stated the Western Lands Study team could look at the ordinance.
236 The motion carried 6-0.
237 IV. ADJOURN
238 There being no further business, the meeting adjourned at 10:30.
Planning and Zoning Commission August 19, 2010
Minutes
ITEM NO.
~ = ~ _ DATE: 6/17/10
~ AGENDA REQUEST REGULAR l )
. ~ ~ -
PUBLIC HEARING ( X )
LEG.
QUASI~ID ( X )
CONSENT ~ 1
Planning and Zoning Commission PRESENTED BY: ~
TO: Jeffrey Johnson
Senior Planner
SUBMITTED BY: Planning and Development Services
Department, Planning Division
SUBJECT: Petition of MCZICentrum Citrus Fanns, LLC for Conditional Use Permit approval
for a mining (sand and coquina rock) operation to be known as MCZ 1200 Acre
Parcel.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Forward this petition to the Board of County Commis 9 ners~w~ah as
outli
ed ~n tthe
for Board adoption of Resolution No.10-102 grantin app
attached memorandum.
Coordination/Siqnatures
County Attorney ( X) County Surveyor ( X)
Daniel S. Mclntyre Ron Harris
. ~
Count En ineer ( X) ~~1~ ERD ( X) ~
9 Karen Smith
Y
Michael Powley
Originating Dept. ( X )
Mark Satterlee
' ~ •
.
.
. .
PLA~~~NGr41~D ~ONIf~IG COM~ISSION •
Hearing Date: Conditional Use Permit 0 AGENDA ITEM No. III-D
Mining Operation
June 17, 2010
C U-220081426
GM File Number MCZJCentrum Citrus Farms, LLC
CU 220081426 ;
Applicant
MCZ/Centrum Citrus Farms, LLC `:~:M' ~ '
225 West Hubbard Street
Chicago, IL 60610
Land Use & Zonina
i
Both are AG-5 (Agricultural-1
unit per 5 acres)
Staff Recommendation
Forward this petition to the Board a
of County Commissioners with a k;
recommendation for Board
adoption of Resolution No.10-102 ,
granting approval, as outlined in -
the staff memorandum.
Previous Action ~ s~b~e~t P~o~rty N
None ' ' 500 ft notification area Aerial flown Jan. 2009 ~
Meo p~eparea may zoio
Proiect Staff
Jeffrey Johnson, Senior Planner
772-462-1580 Location: North of Orange Avenue between Minute Maid Road and the C-24
johnsonj@stlucieco.org Canal.
Project Description Recommended Action
MCZ/Centrum Citrus Farms, LLC is Forward this petition to the Board of
requesting a Conditional Use Permit to County Commissioners with a
allow for the removal of sand and coquina recommendation for Board adoption of
rock on 1,219.4 acres located north of Resolution No.10-102 granting
Orange Avenue between Minute Maid approval, as outlined in the staff
Road and the C-24 Canal. The proposed memorandum.
conditional use can be authorized under
the provisions of SLC Land Development Notice Requirements
Code (LDC) Section 3.01.03(C)(7)(i),
~~~~~MF.~: ~ Mining and quarrying of nonmetallic min- Public hearing notice was placed in
~ ~ the St. Lucie News Tribune, letters
erals, except fuels.
i ~ sent to property owners within 500
F The applicant proposes to excavate 2.2 feet of the subject property, and a sign
j F- ~~~-zs ~~Rd ; million cubic yards over a 20 year period. P~aced on the property.
~ o~~pVe 9; A mining permit is being processed
. ~ U 9 ~ ;f~ concurrently through the St. Lucie County Further details are found in the at-
a~, ~ „ Engineering Division. All activities tached memorandum and staff
~ p ~I ~ authorized by the mining permit must be re ort.
consistent with the approved Conditional p
; ;~,~eaa° ; ^^~ayR° Use Permit.
Planning and Development Services
Department
•
~ • t '
MEMORANDUM
TO: Pianning and Zoning Commission
THROUGH: Mark Satterlee, Directo
Kara Wood, Planning M ager
FROM: Jeffrey Johnson, Senior Planne, -
Planning Division -
DATE: June 17, 2010
SUBJECT: Petition of MCZ/Centrum Citrus Farms, LLC for a Conditional Use Permit to
allow for a mining operation (sand and coquina rock).
ITEM NO. III-D
GENERAL INFORMATION:
Applicant: MCZ/Centrum Citrus Farms, LLC
Agent for Applicant: East Bay Group LLC - Rick Reikenis, P.E.
Location: North of Orange Avenue between Minute Maid Road and the C-24 Canal.
Tax Id Number(s): 1232-111-0003-0008, 2208-111-0002-0009, 2205-111-0002-0000 and
2221-412-0001-1007
Parcel Size: 1219.4 acres
Existing Uses: Agricultural
Proposed Use~s): Mining Operation (Sand and Coquina Rock)
Wetlands: None
Utilities: Septic and Well
Urban Service
Boundary: Outside
Page 2
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
Existin Land Use and Zonin :
Future Land Use Zonin Existin Land Use
AG-5 (Agricultural - 1 unit per 5 AG-5 (Agricultural - 1 unit Agricultural
acres max.) per 5 acres)
Surroundin Land Use and Zonin :
Future Land Use Zoning Existing Land Use
North AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Agricultural
unit per 5 acres) per 5 acres)
South AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Agricultural
unit per 5 acres) per 5 acres)
East AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Agricultural
unit per 5 acres) per 5 acres)
West AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit ~ Agricultural
unit per 5 acres) per 5 acres) ~
BACKGROUND INFORMATION
MCZ/Centrum Citrus Farms, LLC is requesting a Conditional Use Permit to allow for the mining of sand and
coquina rock on 1,219.4 acres for the property generally located north of Orange Avenue between Minute
Maid Road and the C-24 Canal. A mining permit is being reviewed concurrently as a separate petition by
the Public Works Department to assure compliance with the technical engineering requirements outlined in
Section 6.06 of the St. Lucie County Land Development Code (LDC).
The subject property is zoned AG-5, Agricultural, 5(1 du/5 acres) and is designated AG-5, Agricultural (1
du/5 acres) on the Future Land Use Map. The property has functioned as an orange grove operation and
has been utilized for agricultural purposes over the past few decades. Prior to the commencement of the
mining operations, the areas impacted will be cleared and grubbed. The remaining areas will continue to
operate as a citrus grove, with the exception of 16.7 acres of uplands that will preserved, located adjacent
to Orange Avenue and Minute Maid Road.
Section 3.01.03C(7)(i) allows mining and quarrying of nonmetallic minerals in the AG-5 zoning district via
conditional use permit. As depicted on the site mining plan, the applicant proposes to excavate 2,200,000
cubic yards annually within a 676.1 acre area over a twenty (20) year period. The 676.1 acres is divided
into fifteen (15) cells ranging from 22.5 to 50 acres in size. The existing ditches along the north, south and
east property lines will remain in operation for the drainage of the undisturbed areas of the property. The
existing ditch along the west property line will be utilized as a recharge ditch for the entire duration of the
mining operation.
Construction of the on-site access/haul road from Orange Avenue to the scale house/office area is
approximately .3 miles in length. This haul road will consist of two (2), 12-foot wide paved lanes that are
needed to support the proposed truck traffic and heavy equipment. There will be two (2) maintenance
structures totaling 10,650 s.f., a 15 acre outdoor storage area for equipment and vehicles, and a 27.4 acre
stockpile area (not to exceed 50 feet in height) located near the front of the property, adjacent to Orange
Avenue.
A gate will be installed at the project entrance on Orange Avenue that will secure the site during the time
(6:00 p.m. to 6:00 a.m.) the mine is not operational. The 630 square foot scale house/employee office wifl
be constructed adjacent to the haul road to accommodate the operations of the mine. Off-street paved
parking (9 spaces) will be provided adjacent to the scale house.
Page 3
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
Mininq Operation (Refer to Dewaterin_q Plans)
Mininq of Cells
Cell 1 on the site mining plan is proposed to be mined first and once completed shall serve as the sediment
basin for the mining of cells #2 through #15. The end result wiil form a lake area of 568.3 acres in size.
The dewatering operation will allow for more efficient removal of the soils. The overburden which is
approximately 10-15 feet in thickness will be stripped and stockpiled on-site as well as hauled off-site for
use as a general fill material.
Additional processing of this overburden will be based on visual review of the soil strata as they are
encountered during the mining operation. Processing of the fill material in part, along with the sand, will
occur at the power screen area located at the scale house/office. The coquina, which ranges from 10-15
feet in thickness, will be processed on the mine floor. Once processed, the rock will be loaded into trucks,
weighed and hauled off-site.
There are no adverse environmental impacts anticipated. Upon completion of the mining operation, all
areas impacted are required to be restored in accordance with the reclamation plan. The reclamation plan
assures groundwater quality is maintained and surface water is not degraded. The applicant shall have
twelve (12) months to comply with the requirements of the restoration plan which involves the planting of
upland/wetland transition zones around the lake and maintenance.
STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.07.03, ST. LUCIE COUNTY LDC
Section 11.07.03, Standards for Review of Conditional Use Permits establishes the criteria that shall be
reviewed prior to the issuance of a Conditional Use Permit. The applicant shall demonstrate the following:
A. CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
Compliance with Comprehensive Plan
1 Future Land Use Objective 1.12: Provide in the land development regulations provisions for a
compatib/e and coordinated land use pattern which establishes agriculture as the primary use
outsrde the urban service boundary and promotes retention of agricu/tura/ activities; preserves
natural resources and maintains native vegetative habitats.
The proposed mining activities are not expected to be detrimental to the protection of the adjacent
pasture lands and natural resources. The applicant has worked with County staff to minimize
impacts resulting from the proposed mining activities and associated roadways.
2. Future Land Use Policy 1.1.9.11: Enforce Section 6.06.00 of the County's land development
regulations which requires that extraction activities ior natura/ resources be permitted only where
compatible with existing and proposed land uses. All operations musf be made in accordance with
all applicable regulatory permitting requirements.
With proposed conditions, the mining activities are expected to comply with these standards.
Page 4
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
3. Future Land Use Policy 1.1.9.12: Enforce Section 6.06.00 of the County's land development
regu/ations which require that a reclamation/restoration plan be submitted as part of the required
application for an extractive use permit.
A reclamation plan has been submitted by the applicant under a separate mining permit that is
currently under review by County staff. This permit, which includes plans for reclamation, will be
required to meet all Land Development Code regulations. This Conditional Use Permit and the
mining permit shall be reviewed and approved by the Board of County Commissioners prior to
commencement of any mining activity on site.
4. lnfrastructure/Drainage Po/icy 6C.3.2.4: No Conditiona/ Uses for sand mining and no rezonings to
lndustrial, Extraction (lX) will be granted within public potable water supp/y recharge areas
designated through the Wellfie/d Protection Ordinance.
The County's Wellfield Protection Ordinance is implemented through St. Lucie County Land
Development Code Natural Resource Protection Standards to provide for the regulation of land uses
and development which may impair existing and future public water supply wells. The St. Lucie
County Department of Health (DOH) staff found that the closest well was over a quarter mile from
the nearest mine cell, and it was a private potable well. There are no records of any public water
system deep wells, Florida Department of Environmental Protection regulated limited use wells, or
small DOH regulated limited use water systems within one mile of the subject property.
5. Conservation Objective 8.1.7: The County shall continue to regulate mining to ensure the
conservation, appropriate use, and protection of minerals in a manner that safeguards the County's
remaining natural resources, including ground and surface waters and upland plant communities.
With the recommended conditions, the project is expected to be consistent with this objective.
6. Conservation Policy 8.1.7.2: The land development regulations shall include locally determined
criteria for buffers which address sight, sound, and airborne particulate matter between resource
extraction acfivities and adjacent existing future /and uses. The airborne particulate matter criteria
shal/ a/so address trucking operations access points to be utilized as part of the mining operation.
The applicant is required to buffer the use from adjacent properties (minimum 200 foot wide buffer)
in accordance to Section 6.06.01.B.1.c.2 of the Land Development Code. The applicant has met this
requirement with a six (6) foot high berm along the perimeter that will form a continuous screen
between the uses. A fifteen (15) foot landscape buffer consisting of a hedge and live oaks will be
planted along Orange Avenue to provide screening from the right-of-way.
In order to minimize dust, a water truck will be used on a regular basis to wet the haul roads and
stockpile. Prior to egress onto Orange Avenue, the site traffic will drive over a Soil Tracking
Prevention device, designed and constructed per Florida Department of Transportation (FDOT)
regulations that will loosen and remove excess materials from the tires and under the carriage.
7. Conservafion Policy 8.1.7.5: At a minimum, mining shall not be permitted in the following
environmentally sensitive areas:
a. The North and South Savannas;
b. Atlantic Coasta! Ridge;
c. Within any identified environmentally sensitive area or within 200 ft. of such an area;
d. Coasta! High Hazard Area;
e. Hutchinson Island; or
Page 5
June 17, 2010
Subject: MCZ/Centrum Citrus Farms; LLC
File No.: CU 220081426
f. EnvironmentaNy sensrtive areas as defined under Objective 8.1.12.
Upland areas (16.7 total acres) wiii be preserved adjacent to Orange Avenue and Minute Maid
Road. Excavation activities will occur no closer than 300 feet from these preserve areas. There are
no wetlands or other environmentaily sensitive areas on the property.
Consistencv with Land Develoqment Code Requlations
The proposed conditional use is not in conflict with any applicab~e portions of the St. Lucie County Land
Development Code (lDC). The LDC, Section 11.05.11 requires an approved mining permit from the Public
Works Department prior to any type of extraction that results in the off-site removal of more than 100 cubic
yards of material. Mining permits may vary in length from 5 years (Class 1) to 20 years (Class 2). A
condition of approval requires that this Class 2 mining permit be approved prior to the commencement of
any mining operations.
There are no historic buildings on the subject property. If prehistoric or historic artifacts, such as pottery or
ceramics, stone tools or metal implements, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any time within the
project site area, the permitted project should cease all activities involving subsurface disturbance in the
immediate vicinity of such discoveries. The permittee, or other designee, is required to contact the Florida
Department of State, Division of Historical Resources, Review and Compliance Section.
B. EFFECT ON ADJACENT PROPERTIES
The proposed conditional use will not have an undue adverse effect upon nearby properties. Buffers
around the area to be mined exceed the minimum 200 foot requirement. The buffers provided are over 350
feet from the east and west property lines and over 1,200 feet from the front and rear property lines. In
order to minimize noise, there will be no blasting or diesel/gasoline operated pumps used for dewatering
activities. All dewatering discharges are retained on-site and are re-circulated to the ground water, thus
minimizing the impacts to surrounding properties.
All truck and employee traffic from the proposed mining operation will access Orange Avenue by way of an
existing bridge over the canal that lies adjacent to the southern boundary. East and westbound turn lanes
will be constructed on Orange Avenue to facilitate traffic movement from trucks and employees entering the
mining site. There will be no traffic onto Minute Maid Road.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed mining operation is not expected to create significant additional demands on any public
facilities in this area. The subject property is located outside the urban service boundary with limited public
services. A Concurrency Test has been conducted and a Certificate of Capacity can be granted for the
project.
Water and Wastewater
The subject property will be provided water and sewer through an on-site well and septic sewer system.
This system is intended to serve only the few employees on the site.
Page 6
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
Transportation Svstem
The only access to the mine will be from Orange Avenue. Orange Avenue is a two (2) lane roadway, with a
existing 200 foot right-of-way width that is currently operating at Levei of Service "B". The off-site roadway
improvements indicated on the site plan include a right hand (westbound) turn lane and a left hand
(eastbound) turn lane into the proposed mining operation (Orange Avenue).
Trip generation was calculated at 134 PM Peak hour trips, with 60 in and 74 trips out. Approximately 70
percent of the traffic was assigned to Orange Avenue through Kings Highway to and from I-95. This
assignment equates to 52 eastbound trips and 42 westbound trips. A proportionate fair share for
improvements at this intersection is calculated at $233,518.95.
D. ADEQUACY OF FIRE PROTECTION
Fire protection is being provided by a dry hydrant system. The closest fire station (Fire Station #11) is
approximately 8 miles from the subject property and is located on Shinn Road, approximately 1/3 mile north
of Flume Road.
E. ENVIRONMENTAL IMPACT
The project site contains a mix of cleared and standing abandoned citrus grove and associated agricultural
ditches; native and non-native vegetation along Minute Maid Road; and two remnant hardwood hammock
areas. The existing land use is a bona-fide agricultural operation.
The proposed mining footprint has been sited within abandoned citrus groves and associated agricultural
ditches. Existing native vegetation, including two hammocks in the southern end of the site and native trees
along Minute Maid Road, are to be preserved. No impacts to native habitat or County-protected native
trees are proposed.
The Conditional Use boundary, which encompasses all areas of proposed mining activities, has been sited
more than 200 feet from all adjacent wetland areas, in adherence to Comprehensive Plan Policy 8.1.7.5. A
jurisdictional determination by applicable agencies is required as a condition of approval.
The applicant submitted a revised Environmental Impact Report (EIR), which discusses potential listed
species' impacts and concludes that the proposed mining activities are not likely to affect listed species.
The US Army Corps of Engineers and US Fish and Wildlife Service listed species review is presently
underway (Permit Application No. SAJ-2008-0769). A condition of approval requires that federal agency
approval be provided prior to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan
Policy 8.1.12.5).
The mining activities would be screened through mining set-backs, establishment of a 6-foot high perimeter
berm, retention of native vegetation along Minute Maid Road, and planting of native trees and shrubs a~ong
Orange Avenue.
Page 7
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
FINDINGS AND RECOMMENDATION
Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie
County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie
County Comprehensive Plan.
The Development Review Committee (DRC) certified this project on May 6, 2010. A neighborhood meeting
with property owners within 500 feet of the subject property was held at the subject property on Aprii 22,
2010 (see attached meeting summary).
Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for this
petition to the Board of County Commissioners, subject to the conditions set forth in Draft Resolution No.
10-102.
Page 8
June 17, 2010
Subject: MCZ/Centrum Citrus Farms, LLC
File No.: CU 220081426
Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY 1AND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF MCZ/CENTRUM CITRUS
FARM, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A MINING OPERTION IN THE AG-5
ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)J
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION DENYING THE PETITION OF MCZ/CENTRUM CITRUS FARM, LLC FOR A
CONDITIONAL USE PERMIT TO ALLOW A MINING OPERATION IN THE AG-5 ZONING DISTRICT,
BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
~ = Environmental Resources
~ Department
~
- Companion Report
TO: Planning and Zoning Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director 1~~
FROM: Yvette Alger, Environmental Resources Department
Amy Griffin, Environmental Lands and Regulations Division Manager~~~
DATE: May 11, 2010
SUBJECT: USe~t~ Pe mitMt ZaCllow rfor a'tm ni g r(sand andr eoqu~na Itrock)
operation.
Backqround
The Pianning & Development Services Department requested Environmental Resources
Department (ERD) input on the applicanYs request for Conditional Use Permit approval.
Findin s
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the requested Conditional Use Permit.
S nature
~ ~ ' ~ ~ _ _ - Environmental Resources
~ Department
~ s -
_
Final Report
TO: Jeffrey Johnson, Growth Management Department
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Yvette Alger, Environmental Resources Department
Amy Griffin, Regulations and Lands Division Manager
DATE: May 3, 2010
SUBJECT: MCZ/Centrum Citrus Farms Conditionai Use
Backqround
The Environmenta~ Resources Department (ERD) is in receipt of the March 24, 2010
Growth Management date-stamped resubmittal. The applicant is requesting approval of
a Conditional Use to allow for a proposed 676.1-acre mine on 1,219.4 acres. The area
is bounded by: Orange Avenue to the south, Minute Maid Road to the west, the South
Florida Water Management District (SFWMD) C-24 and C-25 canals to the east, and the
SFWMD C-25 canal to the north. The project site contains a mix of cleared and standing
abandoned citrus grove and associated agricultural ditches; native and non-native
vegetation atong Minute Maid Road; and two remnant hardwood hammock areas. The
existing land use is a bona-fide agricultural operation.
Findin s
The proposed mining footprint has been sited within abandoned citrus groves and
associated agricultural ditches. Existing native vegetation, including two hammocks in
the southern end of the site and native trees along Minute Maid Road, are to be
preserved. No impacts to native habitat or County-protected native trees are proposed.
The Conditional Use boundary, which encompasses all areas of proposed mining
activities, has been sited more than 200 feet from all adjacent wetland areas, in
adherence to Comprehensive Plan Policy 8.1.7.5. A jurisdictional determination by
applicable agencies is required as a condition of approval.
The applicant submitted a revised Environmental Impact Report (EIR), which discusses
potential listed species' impacts and concludes that the proposed mining activities are
not likely to affect listed species. The US Army Corps of Engineers and US Fish and
Wildlife Service listed species review is presently undervvay (Permit Application No. SAJ-
Environmental Resources Department
Final Report
MCZ/Centrum Citrus Farms Co May 3a2010
roval requires that federal agency approval be provided
2008-0769). A condition of app
prior to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan
Policy 8.1.12.5). _ _
The mining activities would be screened through mining se lon c Minute Ma d Roadf a d
foot high perime ter b e r m, r e t e n t i o n o
f n a t i v e v e g e
t a t~ o n a g
planting of native trees and shrubs along Orange Avenue.
Conditions of Approval
1) Prior to Mining Permit approval, the applicant shall provide the Environmental
Resources Department with a Reclamation Plan and Preserve Area Monito~ing and
Management Plan approved by the County and all other affected agencies.
Reclamation and initial monitoring and management costs shall be included in the
Mining Reclamation bond (LDC Sections 11.05.11.C and D).
2) Within 90 days of Mining Permit approval or prior to issui'~nt shall ~09 detthe
Removal Permit or Exemption, whichever comes first, the app ~ P
required Environmental Resources Department-approved Preserve Area Monitoring
and Management Plan (PA~M ate P'AMP e o di gS fees, tothe County Attohneyl for
of the Court for the app p
review and approval.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
have obtained and provided the Environmental Resources Department with all
required federal and state permits and approvals, including but not limited to the
Environmental Resource Permit, South Flonda Water Management District Water
Use Permit, US Army Corps of Engineers Section 404 Permit, US Fish and W~~dlife
Service approval, and St. Lucie County mining permit. If federal or state agency
compliance requires modification to the mining plans or implementation of
conservation measures, the applicant will promptly modify the plans and submit to
St. Lucie County for revW
thaan federaaor stat agency requeementst approval shall
not p~event compliance y
4) Pnor to release of the Pre-Mining bond, all invasive exotic vegetation located within
the Conditional Use area shall be removed (LDC Section 7.09.05).
if more than one
5) Prior to issuance of a Vegetation Removal Permit or Exemption,
year or nesting season has elapsed since the most recent listed species surveys
were conducted in accordance with appropriate state and/or federal protocols,
updated surveys shall be required for the crested caracara, as well as any other
listed species for which the state or federal government have required updated
surveys. Surveys should be conducted in accordance with appropriate state and/or
federal protocols, and documentation of survey methods and results shail be
provided to the Environmental Resources Department, as well as the appropriate
state and/or federal agencies. In the event that the applicant obtains written
documentation from the US Fish and Wildlife Service for federally-listed species or
the Florida Fish and Wildlife Conservation Commission for state-listed species,
-2-
Environmental Resources Department
Final Report
MCZ/Centrum Citrus Farms Conditional Use
May 3, 2010
indicating that updated sunreys will not be required for this project, this condition of
approval will be considered addressed.
- ) Within 180 days of Minin4 Permit aooroval, landscapinq shall be installed as shown
on the approved Landscape Plan. The County Engineer may extend the time period
for planting up to an additional 12 months.
Recommendations
Staff supports the recommendation of approval of the MCZJCentrum Citrus Farms
Conditional Use application.
Please contact Yvette Alger (Environmental Planning Coordinator) at 772-462-2866 if
you have any questions.
-3-
i
Resolution No. 10-102
File No.: CU 220081426 ~
~
A RESOLUTION OF THE BOARD A
C ND T ONALMUSE p NERS OF
ST. LUCIE COUNTY GRANTING
ALLOW FOR A MINING OPERATION~US5 ACRES) ZON NG D I
S
T R ICT
THE AG-5 (AGRICULTURAL - 1
FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. MCZICentrum Citrus Farms, LLC presented a petition for a Conditional Use
Permit to allow for the operation of a Class 2 Mining Operation to be known as
MCZ i200 Acres, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the
property depicted on the attached map in Exhibit "A" and described in Part B
below.
2. On June 17, 2010, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
p~operty, and recommended that the Board of County Commissioners
(approve or deny) the hereinafter described request for a Conditional
Use Permit Approval in the AG-5 (Agricuitural, 1 du/5 acres) Zoning District for
the property described in Part B.
3 ~n , 2010, this Board held a public hearing on the petition,
after publishing a notice of such hearing and notifying by mail all owners of
property within 500 feet of the subject property. I
4. The proposed Conditional Use Permit, with the conditions therein, is consistent
with the goals, objectives and policies of the St. Lucie County Comprehensive
Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie
County Land Development Code.
I ro osed conditions, the project will not have an undue adverse effect
5. With the p p
on adjacent property, the character of the neighborhood, traffic conditions,
parking, utility facilities, or other matters affecting the public health, safety and
general welfare.
g. The applicant has received a Certificate of Capacity, a copy of which is attached
to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land
Develapment Code.
Resolution No. 10-102
XXX, 2010
File No.: CU 220081426
Page 1
i
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit to allow for the operation of a sand mine, to be known as
en rum cr~s, m e - gncu ura - u acre oning - -
District, at the location described in Part B, and depicted on the map attached as
Exhibit A, is hereby approved subject to the following conditions:
1. The mining activities on the property described in Part B shall consist of the
limits of the mining activity, as generally depicted on the drawings prepared
by East Bay Group, lnc. dated , 2010, and date stamped seceived
by the St. Lucie County Planning and Development Services Director on
, 2010.
2. Prior to Mining Permit approval, the applicant shail provide the Environmental
Resources Department with a Reclamation Plan and Preserve Area
Monitoring and Management Plan approved by the County and all other
affected agencies. Reclamation and initial monitoring and management costs
shall be included in the Mining Reclamation bond (LDC Sections 11.05.11.C
and D).
3. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation
Removal Permit or Exemption, whichever comes first, the applicant shall
provide the required Environmental Resources Department-approved
Preserve Area Monitoring and Management Plan (PAMP) affidavit, and a
cashier's check, payable to the Clerk of the Court for the appropriate PAMP
recording fees, to the County Attorney for review and approval.
4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall have obtained and provided the Environmental Resources Department
with all required federal and state permits and approvals, including but not
limited to the Environmental Resource Permit, South Florida Water
Management District Water Use Permit, US Army Corps of Engineers Section
404 Permit, US Fish and Wildlife Service approval, and St. Lucie County
mining permit. If federal or state agency compliance requires modification to
the mining plans or implementation of conservation measures, the applicant
will promptly modify the plans and submit to St. Lucie County for review and
approval. The County's development approval shall not prevent compliance
with any federal or state agency requirements.
5. Prior to release of the Pre-Mining bond, all invasive exotic vegetation located
within the conditional use area shall be removed (LDC Section 7.09.05).
XXX, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 2
Public Works Department that is CO~~ 00 and 11.05 11 o
f'he St. Lucie Land
d e v e l o p m e n t o r d e r a n d S e c
t i o n s 6
Development Code.
12.The hours of operation shali be 6:00 a.m. to 6:00 p.m., Monday through _
- Saturday.
13. There shall be no blasting permitted within the mining operation.
14. Prior to commencing the mining operation on the property, the applicant shall
be required to construct, to St. Lucie County Standards, the haul road
improvements in accordance with the approved plans.
1~. Access to the mining operation shall only be from Orange Avenue and the
approved haul road. No mining vehicle shall be allowed to utilize Minute Maid
Road.
16. A sign identifying a contact person and their phone number in case of
emergencies shall be posted at a location along the haul road near Orange
Avenue, where the public can view the sign.
17.If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or
metal implements, or any other physical remains that could be associated
with Native American cultures, or early colonial or American settlement are
encountered at any time within the project site area, the permitted project
should cease all activities involving subsurface disturbance in the immediate
vicinity of such discoveries. The permittee, or other designee, is required to
contact the Florida Department of State, Division of Historical Resources,
Review and Compliance Section.
18. Within 365 days of Mining Permit approval, the six (6) foot high perimeter
berm shall be installed in accordance with approved plans and specifications.
19.If the mining operation exceeds the extraction or consumption of water
thresholds set forth in Section 28-24.006, Florida Statutes, all operations shall
cease until a determination is received from the Florida Department of
Community Affairs indicating that the proposed operation is not subject to the
requirements of Chapter 380, Florida Statutes or the operation is approved
pursuant to the Development of Regional Impact provisions set forth herein.
20. Within 90 days after receiving conditional use approval or mining permit
approval, the applicant shall enter into a Proportionate Fair Share and Impact
Fee Credit Agreement for the roadway improvement costs located at the
Kings Highway at Orange Avenue intersection.
XXX, 2010 Resolution No. 10-102
File No.: CU 220081426
Page 4
U
~ J N w ~-L-- --i , o
,
~ tA ~ z ~ ' ~ ' ! ` ~ ^
. . •
~ ~ % I € ~ i
~ ~
. , ~ ~ ao„ ~ ~ ; i _ ,i
ca
, < ~
---3- ~ ~ , ~
L O - , - -
~ ; ; ~
RS O
~
U LL N ~ v i Q
N N - ; - - ~
, i t a
U ~ ~ O~ean ,r"° i~~ i~ ~ o m
L i~~ ~ ~~~a~6c ~ ~ ~ i ~
U ~
U i'~ ~ ~a9°~~ i'" ~
~~~e~ t ~
/ aa~ U ~ ~ r~-_-,
~ ~
~ N N o.- ~
~ j
~ > I' ' ~ p ~ ~ i ~
' h. , 7 ~ ~ i
~ d I
i ~
~
~ Cd ~2goon % ~ ~ , , ~
i~ ejSalo.V
IJ
~ R~Je~ . ~Y ~ L ~ ~ ~ ~~`'/Y
r ~an ° y"~io~ ' b , i
I 1nd t ! „ asDp~.,,( a v sn»~p ~ f _ ' ~
a'F ~ ~ePM~'
gie
` a' Sr° >1"~ ~r"~ ~ 1
m ~ sonsh`"e ~ 4
i ~ ~S ~ r
t ~ s s s me ~ „ a~ie e'. 7
; Q , S~~a ° ~ M E`
i ~ , ~ ~a ~ ~s
a~CC~ ~I y ~ _ ~m ` ~ ~ °`Q~ ~
- s ~
` ° o u~ A~ a ~_"1,~ E ~ ~
i - i 9 R ~ t ! ` 05~
' .~mt~~-. a...--°-LB ~ a ie ap~~ is vod
~ y a aaN PE ui„uaf _ 1~.` ouuoy 3;~ m 4 J 4- ~'i~ _
~ P',i~n'eQ
~ , . E u ~N C pnlB`eWneg
_
I . ~i MH s uiY ,..."~,.°....._PnI~~P'[v ei
qle~
~ •~~.~eJld.~ . '
I PiJ elouiwag ' ~ iol'M ~ =Y
I-- '"t
~ tl osiaw3 . ~ - Q.. ~ ~ l~, ~-g5
~ ^~ca- ~ois~4or m o a _ '
9 ee`'...--_...~
i o e ; • ~a
r' P?J uo7suyoP \ a5 d ~ SQ`~j P
s~ 'L° ~1~~a9,~ b
R i
~ G' . -.p~ ~
~ ( \ 3
aa p,e6a~qo c
~
i `
c
C ~ ~•f 7b' 4111L5~~01e C
. ~ I - U
o ~ ~
U ~ " t
~ Q; ~ Peoa uuiyg -.~.,.T-m_,- ~
. ~ ~ ~ - - -_pN~.aujl a~uey T'~_. .
(D I c II
a I V I
C - -
~ ~ GLI le e~-'la`pea`,y. . m I
II U ~ C I
1 U ul
I ry ~ ~
I P2f~!PI~H 1ea71 U ~
U
~
I '
f Pauple _
I a-G'aaus_..._-~_,._. . .
I 'ti
I _ _ _ .~--.r.~.
~ i ie~:~ oz-~
~
~ U
I Q
I
I U
~ O
~ le e -
I
I I
I d ~
I
I ~
I L I
I I
~ O ~
i ~d.,r ~
I ~ea ~ I
II
~ 0\~
I I
I I
I
I I
i I
I ~
~ I
' _
.f~uno~ aaqoy~aa~p
~ ~ Z~
~ ~ ~ ~
o
o i ~ ~ I' C~ ~
N t.f) v ~ Q 'i ~ ' p
' ~ ~ ~ o ,I
Q ~ ~ c ~ r
~ i ; ! ~
~ Z~~~~ a21~1H`JIN~i - = I
i j > ~ i ~
~ ° ~ ~
Z - ~
_ _ ; a
y ' m
~ i ~
~ ~ a
~~I ~ = cav
I~ ~ ~
I I ~
I~~~~ N
ab ONI~dSd
a I
w I ~i
' Q `n ~ a~ a~~rvs
~ ~
I w II ~ I,~ I Q Q ~n
, z
I = i i, C~
U I ~ ~ ~
I I U
J I~ ~
, I ~ ~
C ~
~
~ ` ~ ~ ~
i ~ ~ ~ ~ ~ . ~ ~
~ ~ Q ~ ~ O ~
~ N "
~ ~ ~ c6
d' w I ~ ~ ~
~ ~ z ~ ~ ~
00 i ~ I I ~ ~ U
°o ~ I ~ U
~,U ~ I ~ ~ a~Q
C~1 ~ I ~ ' V ,
' a~~aidw~~lf1NIW
U L J ~
C
~ ~ ~ tn Q
U
N ~
U ~ w
~ ~ ~
~ ~
~ Q ~ Q c~
Q o ~
c~
c
, ~ o
~
a~ ~
Q U
O
Q O
~ ~
U
N ~
~ ~ O
~ ~ ~
. .
1 ~
~ ~ i
Q ~ ~
a~
~
~ ~ ~ z~
c = ~ ~ ~
~ , ~ ~
~ Q o
~ Q o ~ o
~ ~
~ Z~p a~lr1HJIN~I i E ~
~ ' ; ' u ' ~
Z . ° - ' a
~i a
Q ~ _ ~ ro
~ i € ; a
~ ~ a~ N
= a
j ~ ~ : r~ ~
a~.oNndsd~
W
1 ~ ~ ~
z ~ ' Q Q a~1a~~Ns
i
_
U ~ ~ ' Z~ a~
J I I ~ ~ _
' ~ ~ U
~ I
~ J
~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
N ~ 3 ~
~
~ ~ w ~
~ z i ~ ~ ~
~ ~
~ ~ ~
c°v V ~ ~n ' ~ ~
~
c~ ~ ~ ~ o ~
~ ~ ~ U
a~~aidw~~lf1NIW ~ ~
Q
i
Q~ ~ J ~
U ~ ~
N , u~ Q
U c~
~ w
>
~ a ~
~ ~ ~
Q Q Q Q ~
o a~
L
~
1 ~
~ ~
Q U
O
~ ~
Q O
U ~
~ ~
~ ~ O
~ ~
~ ~ .
(,7 ~ 1
Q ~ ~
1 ~
~
~ i
I ~ ~
xh~b~t B
E
~
Certificate of Capacity
~
I
~
~
i ~
~ ~
~ ~
I '
~
~ ~
~
~
~ ~
~
~
~ ~
~ ~
~
~
~
I
I Resolution No. 10-102
XXX, 2010
File No.: CU 220081426
Page 8
St Lucie Countv
Certificate of Capacity
Date 5/10/2010 Certificate No. 2856
This document certifies that concurrency will be met and that adequate pubiic facility -
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development 10-102
Number of units 3 Number of square feet 10,600
2. Property lega{ description 8 Tax 4D no.
See Legal Description in Resolution
Orange Ave. between Minute Maid Rd & C-24
MCZ 1200 Acre Parcel
3. Approval: Building Resolution No. 10-102 Letter
4. Subject to the following conditions for concurrency:
As per Resolution 10-102
Owner's name
MCZ/Centrum Citrus Farms, LLC
Address
225 West Hubbard St.
Chicago IL 60610
6. Certificate Expiration Date
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed Date: 5/26/2010
St Lucie County, Florida
Wednesday, May 26, 2010 Page 1 of 2
OFFICE USE ONL SITE PLAN C%GL'~~~ d~~~~`''c'
DATE FILED: s~ g
REVIEW FEE. g 00 . 00 RECEIPT RESOLUTION # ~ ~ , } ~
CONCLJRRENCY FEE: RECEIPT y~ S yd `~/~l CERT. CAPACITI'~' `-y -
E ~ ~ r-- c
; r ~ . , ~ t ~
? r F
Y~ . ~ , _ ~ _ ~ `
f -
~ ~M ~ _ -
ST. LUCIE COLINTY
GROWTH MANAGEMENT DEPARTMENT
2300 Virginia Ave
Fort Pierce, FL 34982
'772~62-2822
APPLICATION FOR CONDITIONAL USE
(Except Telcom Towers)
Directions for Submittal
Please complete the requested information and submit all items to the St. Lucie county Growth Management Department at the
address listed above. The proper non-refundable application fee must accompany all applications. For assistance. in submitting the
application, please contact the St. Lucie County Growth Management Department, Planning Division.
Conditional Use Review Fees
Property Size Review Fee Concurrency Deferral
Less than 10 Acres $500.00 $25.00
More than 10 Acres $800.00 $25.00
Extension of an approved Conditional Use $300.00
Following notification that the application is complete, this petition will be scheduled for the next available Planning and Zoning
Comrnission meeting. The Planning & Zoning Commission meets on the tlurd Thursday of each month. Presentation to the Board of
Couniy Commissioners is dependent upon scheduling before tt~e Planning and Zoning Commission. Please allow a muiunum of 90 to
120 days for completion of the public hearing process following the certification of this petition. Initial submissions shall include
the following:
1. One (1) onginal and twenty nine (29) copies of the completed conditional use pemvt application:
2. Two (2) electronic copies of the property's legal description, wnte protected in Microsoft Word Format.
3. Three (3) copies of the St. Lucie County Property Tax Map (Scale 1:200) with the property under petition highlighted.
Special ;~ote:
* Under the provisions of the St. Lucie County Land Development Code, a petition for a conditional use is considered to be a
Final Development Order. Under the defuution of Final Development Order, and consistent with the County's concurrency
regulaaons, sufficient capacities must be demonstrated in all areas of required ]evel of service before this petition can be
approved. Should it be detemuned that insufficient services exist, no Final Development Order will be issued until the cited
insufficiencies are conected. For additional informaUon on concurrency, please contact the St Lucie County, Growth
Management Department, Planning Division, 2300 Virginia .4venue, Fort Pierce, FL 34982.
? Some Conditional Use applications will require the submission of a site plan in conjunction with tl~e Conditional Use review.
No scheduling of the Conditional Use review before the Planning & Zoning Commission can be authoriaed until the site plan
is deteimined by the Development Review Cornnuttee to be completed and consistent with applicable County code. For
additional information, please contact the St. Lucie County, Growth Management Depamneni, Plannuig Division, 2300
Virginia Avenue, Fort Pierce, FL 34982
All applications for Conditional Use Permit must be completed and filed with the department before
4:30 PM each business day to meet applicable filing deadlines. For an application submission to be
determined complete, all required materials must be present at the time of submission.
PSL:43071:2
PROJECT INFORMATION
APPLICATION INFORMATION
Name MCZ/Centrum Citrus Farms LLC
Address 225 West Hubbard Street 4` Floor
Chica o Illinois 60610-4416
Phone
Z - -
FOR CONDITIONAL USE See attached maps (Exhibit A)
PROPERTY TAX ID# 1232-1 l 1-0003-000-8
2205-111-0002-000-0
2208-111-0002-000-9
LEGAL DESCRIPTION (attach extra sheets if
necessary) See attached (Exhibit B) and enclosed CD
SECTION 32 OS and 08 TOWNSHIP 34S and 35S RANGE 38E
PARCEL ACRES 1,219.4 SQUARE N/A
SIZE FOOTAGE
ZONING DISTRICT: A~culture-5 LAND USE CLASSIFICATION: A~culture-5
DESIRED CONDITIONAL USE:
Mining and processing of coquina rock and sand
soil
EXISTING USE OF PROPERTY:
Active agricultural use
Is a change in Zoning sought with the petition for Conditional Use? Yes No X
Is a change in Land Use sought with the petition for Conditional Use? Yes No X
Is a Site Plan approval application being filed concurrent with the Yes No X
Conditional Use application?
PSL:4307'I :2
The following information you provide is very important in determining the outcome of your
conditional use request. It is required by Section 11.06.00, St. Lucie County Land Development
Code that appropriate findings be made to justify a Conditional Use approval. Please use
additional pages, if necessary to justify your request.
1. Describe the reason for the request CondiNonal Use:
------~urs . . . ,-St: ~~cie -e~mty--~,-arn~~3e~el~pmeat--~~e-(`-`~-~C" , . . ~-a~d------
quarryulg of nonmetallic minerals, except fuels, is allowed as a conditional use in the Agriculture-5
zoning district. Submitted concurrent with this application is an application for a Mining Permit.
Z. Is the proposed Conditional Use in conflict with any portion of the St. Lucie County Land
Development Code or the St. Lucie County Comprehensive Plan?
The proposed mining operation is in compliance with the St. Lucie County Comprehensive Growth
Management Plan ("Comprehensive Plan") and the Code of Ordinances of St. Lucie County. In
particular, Policies 1.1.9.11 and 1.1.9.12 of the Future Land Use Element and Objective 8.1.7 of the
Conservation Element address the regularion of mining and enforcement of Section 6.06, LDC
concerning mining operations. A mining peimit application is being submitted in concert with the
conditional use permit application. The mining permit application includes the required mining plan
which is consistent with section 6.06 of the County's land development regulations. See attached mining
plan (Exhibit C).
3. How is the proposed Conditional Use compaNble with the ea~isting uses in the area?
The property is in agricultural use, including an operational citrus grove, and is surrounded by agricultural
and citrus grove operations. Only those portions of the grove that are to be mined will be cleared, the
remaining areas of the property will continue to be operated as citrus grove or other agricultural use unril
other areas designated are to be mined. Best management practices will be conducted to minimize noise,
dust and vibration such as a perimeter beim around the mine and watering trucks to wet down the haul
roads and stock piles. Also turn lanes will be constructed on Orange Avenue to prevent potential traffic
hazards from trucks entering and eaciting the mining site. Therefore, the mining operation will be
compatible with the existing uses in the area. See attached Mining Site Development Plans (E~ibit C).
4, What conditions have changed in the immediate area that warrants consideration of this
Conditional Use appGcation?
The site was tested and found to have a sufficient amount of quality coquina rock available for extraction.
5. What are the anticipated impacts of the proposed Conditional Use on the existing and future
public facilities in this area?
Adverse impacts are not anticipated for the proposed conditional use on the existing and future
public facilities in the area. All truck and employee traffic from the proposed mining operation will
access Orange Avenue by way of an existing bridge over the canal that lies adjacent to the southem
boundary. The additional traffic will not reduce the adopted level of service below allowable levels.
To address peak hour turning movements into and out of the mining operation, ingress left and right
turn lanes to Orange Avenue will be constructed. A traffic study is included in the Mining Site
Development Plans (Exhibit C). Also, potable water and sewer facilities will be arranged for the field
PSL:43071:2
operations in compliance with Health Department regulations. See also the attached Mining Site
Development Plans (Exhibit C).
6. What are the anticipated environmental impacts of the proposed Conditional Use? If no adverse
impacts are anticipated, please explain why.
There are no anticipated adverse environmental impacts. The property is presently an active agricultural
operation an is surroun y agncu r an-d
grove opera ons. o is specie ~stirrg--
or denning on-site. Only those portions of the grove that are to be mined will be cleared, the remaining
areas of the property will continue to be used for agricultural operations until the area is ready to be mined.
Upon completion of the mining operation, all mined areas shall be reclaimed per an approved reclamation
plan. See attached Mirung Site Development Plans (Exhibit C). Reclamation/restoration plans will
commence immediately upon completion of the lake and the proper lake slopes which will have a net
benefit on the environment by creating potential foraging and nesting areas for various wildlife species.
7. Please provide any additional information about size, hours, and seasons of opera'on; number
of employees; number of car or truck trips; equipment utilized; anticipated duration of use;
impacts of noise and light; access improvements; hazardous substances utilized; and any other
issue that would assist in the evaluadon of this application. Please use additional sheets if
necessary.
See attached Mining Site Development Plans Sheet C23 of 38 (Exhibit C).
PSL:43071:2
D ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D
~_iv ~GDi~~cxi ~ Oz ~ ~ ~ ~ awNfjm~
T I ~ ~ ~ ~ ~ ~p v U~ ~
~ n ~ D D D ~ Z Z Z n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D N
m m m mm mmmmmG~
m~ p m G) G~ ~ v O p ~ ~ cn umi cn cn cn cn cn cn cn cn tn tn cn cn tn cn ~ O
r'i ~ O n C~ -_I cCi'> tn Z ~ Z ~ Z ~ Z ~ Z 0 O ~ ~ 0 O
G~~ m G~ m G~ m G~ m G~ mm mmmmm~ Z
~ C ~ Z ~ rC- Z ~ Z ~ Z ~ Z r Z Z Z Z Z Z Z r
~ O D~ C C C ~ ~ T D"T~ D T D T D T D D D D D D D C G~
-n Z-~ ~ m ~ ~ ~ D r D r D r D r D r r_r r r r r
r rrr m G~OZ ~ ~ ~ ~ ~ r= ~~~tncmnr
c? r= r ~ c c0 zzz
Z O~ , ~ G 2 TI m,~ C~ C~ C~ r W G) G~ G) D D m -i
r ~ Z v+ r.~ ~ -1 ~ T~ O ~ ~ ~ ~ -r-1 0 ~ ~ ~ r r r~~~
rT' ~ ~ -ni m~m ~r < r~< ~m ~m TTTmmp ~
u~ m m m m m m m= D D D n~ ~ Z ~
T T ~ ~ ~
~ ~ O 0 ~ D ~ D ~ ~ ~ ~ ~ ~ m ~ ~ ~ D
Z ~ 3 ~ ~ ~ ~ ~ ~ ' ~ ~ ~
p Z r m r m ~ m m ~
~ Z ~ Z ~ Z < Z A W N
~ ~ ~ ~ ' ~ ~
r c° r ~ r
O O ~ O O O
~ ~ ~
r
~ Z ~ X OJ
~ ~p ~I CT C!1 A W N N~ D~ Q~ ~"1
N N A ~ ~ ~ ~ ~
N
m
~
j j A ~ OD ~ ~ W OD OD O~ OD A A ? ~
O O O ~ O O O O O CIi ~l W W a
. N N' W W W W O O O O O O O O O O O O O
O O ~ „ C
jc J J~ Cf~ (1~ ~(T O O O~ O O~ O O~ O O~ O O~ O O O~ O O O CI~ Cr Ui N ~
a~ a~ ic Q, Q, m rn o 0 0~ o o ~ o o~ o o ~ o o ~ o 0 o a o 0 0 o rn o~ " m~
o~ °o 0 0°~°o 0 0 0 0~ o o~ o o j o o j o o~ o o O~ o o O o 0 o r- ~
0 0 ~
m DT
r Z W
I N N V v V v~ V J f v v ~ v v ~ V V ~ v v v V~ O~ O~
oa x~,~,~,~,o~ o o~,~,~~,o~,~,o~,~,o~~,o~,~,o~,~,~,~,oooo ~ m
oo~~ ooooo---o o z~,
= D ~
r ~
~o
~ ~ m
o~Z fJ
o> rn;~ rn rn rn rn rn ~ rn rn rn rn w w rn w w rn w w rn w c.~ rn w w rn w w. w w w o w w z o- C
0 0~ o 0 0 0 0.~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~03
m ~
m
N N N N CT N N N N N N C7~ LT O m
Z ~
Cn CT~ O O O O O O.n.. O CT Cn (T U7 (71 ^Q CT CT ^Q CT Vt ^Q Cn (I~ Q C71 (NI~ ^Q CT (T GT (T CT C17 O O
~
N N W W W W CJ W n A N N N CT U1 CI~ U1 CT (T CT CT CT V1 CT U1 CT (.71 C71 U7 ~ O W ~ Z
0 0 0 0 0 0 0 0..., o 0 0 0~~^p Q ~p tp Q cp ~n c c0 (a Q~ ~ Q V' ~ o D -
~
C
~
~
~~I ~1 O~J V O~I ~1 O V~1 O V~1 O ~~I V~ N N O .Z7
0 0 0 0 0 0 0 0 ~ o 0 0 o U, cn Q v, cn Q cn in Q v+ cn Q cn cn Q ° U+ ~n o 0 0 0 o m p
n~
N N N N N O
N N W W W W N ry ~ N N N N N O N N. O N N O N N O N N ~ ~ ~ ~ O O O O O
O O O O O O O O`. O O O O O O Q O O Q O O^Q O O Q O O rZ ~
o 0 0 0.A ~ o o w w w w U' c.a w v' w c.~ °i w w c~''r+ c4'i~ c7 c~i, c~''n c"i, c~''i, cWi+ c"i, c"i, c"i~ ~ X
o ~ ic o _ cn cn cn v, Q cn cn Q cn cr Q cn cn Q _ --i
c~
~ O(T O W fT CT CT CT W W A W W 1~ W W A W W A W W A W W W C•J N N N tJ r O~
O O N o 0 0 ~ n ~ O O O O O O O O O O O O O O O CT O O O O O O O O~
0 0 0 0 0 0 0 0 0 0 0 0 ~
0 0'~ o`" o 0 0 0 o e o 0 0 0 0 o e o 0 0 ~ m O
c c c ~
~
<
C. AG-5 AGRICULTURAL - S.
l. Purpose. The purpose of this district is to provide and protect an environment suitable for
productive commercial agriculture, together with such other uses as may be necessary to and
compatible with productive agricultural surroundings. Residential densities are restricted to a
m~imum of one (1) dwelling unit per five (5) gross acres. The number in following each
- -.I,
.Ge -
i enti ie use conespon s-to t e co e re~erence~escnbedin Section ~~1:D2(B)
number 999 applies to a use not defined under the SIC code but may be further defined in
Section 2.00.00 of this Code.
2. Permitted Uses:
a. Agricultural production - crops. (O l)
b. Agricultural production - Iivestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family da_y care homes. (999)
e. Fanuly residential homes provided that such homes shall not be located within a radius of
one thousand (1,000) feet of another existing such family residential home and provided that the
sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board
of County Commissioners at the time of home occupancy that the home is licensed by HRS.
(999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research Facilities, Noncommercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
l. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section
7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements
are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.49.00.
7. Conditional Uses:
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and take-off fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet of another such
family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Ltunber and wood products, except fumiture. (24)
i. Mining and quarryi.ng of nonmetallic minerals, except fuels. (14)
j. Retail trade:
addition to or more restrictive than those otherwise set forth in this Code, shall be set forth
expressly in the mining permit.
11. Environmentally Sensitive Areas: Mining shall not be permitted in the following
environmentally sensitive areas:
a. Within any jurisdiction wetland as delineated in F.S. § 373.421(1), or within fifiy (50) feet of
any ~uns ic iona we an excep -a~inining may-occur wi~ri
an i`so~a~e~ juns~ic~ion~ we an
that has been determined by the South Florida Water Management District for the purpose of
establishing wetland quality as either "poor" or fair", and is entirely surrounded by uplands, if
and to the extent:
1. ) Alteration of such wetland is pernutted in accordance with Section 6.02.03 of this Code;
2. ) Mining activities have received appropriate environmental resource permits issued in
accardance with Part IV (Management and Storage of Surface Waters) of F.S. Ch. 373 (Water
Resources); and
3. ) All wetland mitigation sha11 be on-site or at a mitigation site approved by St. Lucie County,
except that no wetland littoral zone constructed in accord with requirements of Section 6.06.03
of this Code may be counted towards this required mitigation.
b. Savannahs State Reserve and the planned acquisition area for the Savannahs State Reserve;
(see Figure 6-10), ~
c. North Indrio/Savannas and planned acquisition area; (see Figure 6-11),
d. Atlantic Coastal Ridge;
e. Within two hundred (200) feet of any area designated for conservation, preservation or other
form of resource protection through the execution of a conservation easement or similar
dedication in favor of St. Lucie County, the South Florida Water Management District ar other
lawful entity recognized by St. Lucie Count_y;
f. Dune Preservation Zone.
6.06.02. Extraction Incidental to Development Activities.
A. Temporary mining activities may be performed as part of the development an approved site
plan, an approved conditional use permit, a Planned Development that has received preliminary
approval, or a Development of Regional Impact for which an Application for Development
Approval has been submitted and found sufficient for review by the Regional Pianning Council,
provided, however, that prior to undertaking such activities, all required local, state, and federal
permits must be secured, including obtaining a mining permit from the Board of County
Commissioners when required by this Section and Section 11.05.11.
B. Construction of a stormwater management system for a site pIan approved project sha11 be
exempt from the requuements of Section 6.06.01(B)(1), Dimensional Requirements, provided
that all applicable construction authorization for that development have been issued by St. Lucie
County and the South Florida Water Ivlanagement District.
C. Construction of a stormwater management system incidental to the construction of any linear
roadway construction or expansion project shall be exempt from the requirements of this Section
provided that all applicable construction authorizations for that development have been issued by
St. Lucie County and the South Florida Water Management District for roadways not under the
jurisdiction of the State of Florida or for roadways that are under the jurisdiction of the State of
Florida provided that all applicable construction authorization for that development have been
issued by the South Florida Water Management District.
6.06.03. Excavation or Mining Resulting in the Creation of a Water Body.
A. A littoral zone shall be established as part of any water body created by an excavation
requiring a mining permit. A design and management plan must be submitted which shall:
1. Include a topographic map of the proposed littoral zone showing the control elevation _
con our an e minus
two and
one
h-lf=~oo~ coritroTwater eTeva~ion
con~our,- an~incTu e a -
cross-sectional view of the littoral zone planting design, showing the required slopes from the
top of the bank to a depth of two and one-half (2 1/2) feet below the contro] water elevation;
2. Specify how the vegetation is to be established, including the extent, method, type, and
timing of any planting provided;
3. Provide a description of any water management procedures to be followed in order to ensure
the continued viability and health of the littoral zone; and,
4. Include a plan view which documents the location and extent of the littoral zone.
B. The established littoral zone shall consist of native vegetation and shall be maintained
permanentl_y as part of the water body. All landscaping, littoral zone revegetation plans, and lake
management plans shall comply with South Florida Water Management District rules.
AFFIDAVIT
COMPLIANCE WITH POSTING OF NOTICE RE~UIREMENTS
-
STATE OF fl.U~ i p p~ ~
COUNTY OF P P~ ~ FR ~ ~
~f Ckt AP
D~Y . 0~1}1~n1 ~ S , being first duly swom deposes and states:
?~c.ZJ c.E ~a~
1. I am the owner or the agent for~ ~T~ ~ Fq~~ M,~(insert owner's name) for the
following petition: Z2ap $14 2b
(insert petition number).
2. I hereby certify that 1 have complied with the notice requirements set forth in
Section 11.00.03.E of the St. Lucie County Land Development Code for the
Ql2~ ~}"~-7~i ~ (insert date) public hearing to be conducted by the
P` ,cc, ~ ~(insert entity name) on the above-referenced
pet~t~on. The required sign was printed and posted to the specifiqtions listed on
the Sign Content and Sign Requirements fo~ms provided by St Lucie County
Planning Division on~~9(date). The following required documenta6on is
attached:
A. Dated Photo (Close up) t/
B. Dated Photo (Distant) ~
~
Further a~ant sayeth not. ` '
~ ~ ~ '
~ ' /
~
f4 1 ~ V.
tiJ
(Narne of Affiant)
STATE OF F~oR r t~r~
COUNTY OF A~. ~''1 d q C y ~
The foregoing instrument was acknowledged before me this ,Z.O TK day of
20~0 , by fCH~4RD R6rKFa15
. Said person (Check one) is
personally known to me, produced a drivers license (issued by a state of the United
States within the last five (5) years as identification, or produced other identification, to
wit
/ ~J
Notary Public, a of
~~dE~P~.Y TRRRL~'l~,
Typed or Printed Name of No1ary
Commission No.:
My Commission expires:
_
~;<T•~k;
; BEVERLY JARRELL
Conunission DD 701603
~ X Expiras No+~emper 15, 2011
~
!pf..,. ' Baam t~, r~F.r ~aussnu
Form 08-08
~ ~ ~ ~ ~
~ ~ ~
~ ~ ~ ~
~ ~ ,
~
~
~ - .
, ~
~ _ ~
~
m<<~ „ , ,
~ ~
i
~
~~l111M ~.t ~ ~ ` - ~ ~ - ' ~ ;
y.,
~ , ~ . ~
~ ~ 1 ,
~ ~ ~ ~ ~i ~ r
.
~ . ` 1~•
: ~ ~ g ~ ~~u~ ~~i.t`i:
~ ~ ~ . W. ~ . rt! ~ ~ .
~ ~~~!JI~i. . ...R~ ~ .
~ yll~ ~ ~ ~ ~ .:l,
{~iY,~;.~ '
w ; ~ ¦
~ ~ ~ '
~ ~
~ ~ ~ i
~ ~ ~ ~ W :
~ ~ ~ ~ ~ ~ y~
~
~ ~ ~ ~ ~ ~ ~
~ ~ '~D' ~ ~
~ ~ ~ ~ ~ ~ ~ ~ :
~ _ ~ ~ n~ ~ ,r,~,, :
~ ~ _ . ~
~
~ ~ ~ ~ ~ ~ . ~ ~ r. . ~ .
. ~T, ~ ~ . ~ ~ ~ ~ ~r
~ ~ ~ ~ ~i ~ _ ~
~ '~L~ ~ ~ r'~'~ ~ ~
~ ~ ~ - ~ .
~ T~ ~,~,1 ~1" ,q~,
1.~.1 ~ ~ ` ~ ~
~ ~.~-~~r~~ ~ ~
~ ~ # ~ ~
_ r ,
~ ~
~ ~ ~ ~ ~
~
~ ~
~ ~ ~
..Y ~
~ ~ ~ +S~ . 7
`.i,yr I
~
~ ~
~ ~ y
. . „ .
~ w ~ ~
~
, ~ ~ . w
N ti Vt O O O O n O~ O Oi O O O?1 O Vt pi 01 O Q~ O u1
r~ rn ao v1 ~n ao m O a0 O oo v~ oo rv oo ~ vl ~n oo ~n o0
~D ~n ~n ~n v N~n r~ m ~D rn ~D vt iD m iD N o~ ~D o~ ~o M o C v
Vl O O Q N Q Q d V O O V1 O ~ll N O Q tfl O m r+t
1.i iD ~D m'+ o O~?l O~ r~n ~D O~ lD ~o C~D .n 1D in ~ ~p .y ~p m V~ .-i m o
~p Q~ oo n o~n iD o n lD r ti 00 ~~/1 ~/1 0 0.-~ o.-1 r ~n o~D ~-1
a O~ 01 N ri O 0~ V Q~ O1 Q O1 O~ Q~ V O 01 O Ol Qi O Q V C M M Q nl V O~ O Q C~D
V m fry M f~'1 V M tv M O O m?1 Q~+'1 O V m~+'1 rvl ~'~1 N N rcl N!~'1 cI M T M O
N!+1 M M t+'1 !+i ~+1 n'1 M f+l M M t'n h M(Y1 n1 ~'~l N'1 M M M M ~Yl Nt M n'1 M M ~O
W
A ~ ~ ~ ~
N LL J LL J LL LL LL F- LL LL LL LL LL LL LL LL LL
L L L L L L L S L L
i0 ~ A ~ N
v w y v v v v v w v
m m m m m m m-o m~ m m ~ m v v
w v °1 y_.i m v ~ u m _ m _0m' _P. .°°1' _ _°J . .~..._.....J
v. v~ ~o v A v w w v u, v J v~ o m o~ o v o 0 0 ~
v. a a m m a m a o d v~ a v~ ~o a d ~n n 3
n'a n «'a a o d ~n a v a t t L d y in v~
r ~ ~ ~ v a o o v ~ o v ~ v " v ~ v ~ ~ = v = w ~ w ~ " " ~
v u°. °o ~3 °3>">3 ° °>3a °3 a° °3i3=~~=3 r`-°3 °=3 ~ua°a°
0 0 0
0 0 0
~ ti ~
v v a
0
~n n in r+
p pO ~ ~ C v
m CD [0 L m Vi
ai ~ ~ u w v ~ a'~v ° a>
v~ ~ w ro a~ a F`- N Y ~
~ 0] N N ~ ~ P Q Q ~ CD ? ~ co >
j > Q 61 ~ O/ G ~ V1 V1 V1 K Q1 ~ `ry d a~
a ~ t ~ N ~ N N O v O1 ~ O o0 Ol O uD O m O o~ O O O O O~n m~ D
T G~ ~ N 00 N O> > 00 m O ~ W W O 00 ~ N~ oJ ~ C C N C 00 00 ~ ~ C~
'C ~ iD V L Q C~D C Q1 ~ ~D O Q~ tD - O ~D ~ iD ~ ~D ~D O~ L L S C
N.-I N n'1 L L V ~ N L N N N V C t!i N Cn N m> > N > Q ln m v a+ lJ ~
mo v3 x°~°~~o~O ~N ~ N ~ x~~~w~'~° v33
d>~ o o p o~ o 0 0 0 0 0 0 0 0 0 0`^ p"' 3 z z
O ~o O [n m ~~1 ~ oJ G p~ m m [0 ~ n1 m m ~ m o~ n~ v1 m
O ~D O rn N h h oo C iD iD ~O N~n u1 ~n ~D
~ N o o ~n O O o o O rn O oo O O O O~ O O m O rn~ r~ O~ O O m ~n n+ ~ c
Q .-i ~v m a a in rv a r~ a v a a o a m a a w a oo .r a.-+ a a oo u~ ~n ~ v~
a
y I
n
y u
~ o
C a
~
N m
L
C ~ v ~
3 a ~
o a Y o
~
a a
c c ~
v w
0 0
m m
4'1 v o71
u
c 5 " c [ v c c c c ~ ~
v~~ m m ~ m v w v w
E ~,r„ E E E E E E E c s
m~ a a~ v a v v v a u ~n c
m m an r m m m m m = o
A ~o ~
C~ C C ~ C C C C C m
O T ~ ~ ~ ~ ~ v ~L ~ ~ ~ 2~ ~ ~ u pl
.ti J ~ ~ . w v ~ ~.J -o 'o ~ ~ ~ ~y, ~ -
O ~ r~o ~ r~o m- m m ~ m m" ~ Q1
J O ` J ~ ~ LL J ~ J ~ p ` ~
N Iy G W C - ~ C N L ~ ~
~ ~ v - ` F C
e~o 3 ~ ~ E _ ~ ` ~ v ~ ~ ~ ~ ~ ~o = o 0
~ O o a= o a= a v < a a a a x o ~
~
v a
~ C N N
LL ~ p2(
n ~ 3 S
w
« c ~ N ~ o
o O 3 ~ a ~
0
v ~ ~ ~ ~ ~ G ~ G ~ ~ v ~
~
J o o 0 0 0-' o~ o o ~
r.~ - s s r ~ ~ J r- E r E ~ ~ E o E
a ° - ~ J ~ ~ o ~ ~ ~ ~ L L ~ r ~
.a a t~ ~ ~ c~ ~ h ~ ~ c~ c~ > > ~ ~ ~ J ~
`o v ~ N ~ ~ ~ ~ ~ ~ w ~ ~ ~ a a ~ a ~ ~ c ~
~ a ~ ~ ~ ~ ~ ~ ~ 2 ~ 2 ~ ~ o y =
8 ro ~ w o w w w w.~ « n n w n «
N Y c~ ~ F- r- ~ n~- i.~ v c` r c~ ~ ~ ~ Y .
a> ~ a v a v a v a a a a w „ n
7 m E ~ v 3 c 3 ~ t~i L s 3 W~i ~ 3 ~ y y 3 y 3 c~ a~° p
u v ~ o g~ o o Q ~ n~ ~ ~ g E a g'~ g io a g n g~ ` u l7
` N V c ~ l? l~ u ~ K ° ¢ rc LL ~ v y vi vi ~n ~ v v~ >
'i V V ~n = r° v N= O d= _ I S~\ N D U C m
~ y- v vi F~o N ~ c~.~ E.~ r- ~ E~- ~ F- w
U G ~ ~ ~ ~c V' ~ p ~ N v ~ ~ _ ~ N ~ ~ ~ U ~ U ~ ~ ~ ~ p V > ~ lNj v`~i
~ a 3 ~ O ,L O~~ O~'D O v O O O o O t o ~
~ Q O~n z o m v~ 3 v~ U'~ U'~ v~ 2¢ 3 vi q¢ vi o> ~n ~ `z LL u~n u vi 3~~n w
C ~
a a
u a
~ o m,a rv rn o-~ o~ o n o~ o m~ N m o m~n o v a m c~ m oo m w
N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
v a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
C l0 I~ Vl tD r1 ~ Ul e-1 rl O N N '-i N ?1 ri
O N N O O N O O O O O~ O O O O N O O O O O O O O O O O N
O~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0..
V O m m r~ r+i .-i N N.-i rv r~ r~ .y ~ ti m r+ rv.-~ m ti~
~ a r~ r~ N.-! ~ m r~ rv rv.-~ N r~ .y ti rv m.y ti ti.~ .y rv m~ r~ rv rv
.y rv m rv m m m m m ti~v r~ .-i ,-i .a N ti rv rv _
Q ~ V p m u1 V V ?1 vl N Q~ a0 OJ Q1 O~ GO o0 00 Q1 O 00 oJ V1 N N M rv N rv rv N a W UI
O b tn O O O O O O O O O O O O O O O O O O O O T M N m N m M O M
G ~ ~p ~ N N N N N(v N N N N ~ N ~ ~ N d m m
Q O~ G N ~--1 N N N N N N N N N N N h N N N N N N N N ti N~ N~ a a a
Legal Description:
PARCEL A
THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST LESS AND EX-
CEPT THEREFROM THAT PROPERTY CONVEYED TO THE FLORIDA STATE TURNPIKE
AUTHORITY BY WARRANTY DEED RECORDED IN O.R. BOOK 52, AT PAGE 92 OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND LESS AND EXCEPT
FROM THAT PROPERTY CONVEYED TO THE CENTRAL AND SOUTHERN FLORIDA
FLOOD CONTROL DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 56, AT
PAGE 581 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE EAST
3/ OF SECTION 5, AND THAT PART OF THE EAST 3/ OF THE NORTH'/2 LYING NORTH OF
ORANGE AVENUE EXTENSION (STATE ROAD 68 A/K/A STATE ROAD 162) OF SECTION 8,
TOWNSHIP 35 SOUTH, RANGE 38 EAST.
PARCEL B
ALL THAT PORTION OF THE WEST ~/4 OF THE NORTH ~/2 OF SECTION 8,TOWNSHIP 35
SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS
LAID OUT AND IN USE, AND ALL OF THAT PORTION OF THE WEST'/a OF, LESS THE
NORTH 1689 FEET THEREOF OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 38 EAST OF
THE CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND IN USE.
PARCEL C
ALL THAT PORTION OF THE NORTH 1689 FEET OF THE WEST'/4 OF SECTION 5, TOWN-
SHIP 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID
ROAD AS PRESENTLY MAINTAINED AND USED.
~ G
Foreign Account Number 1_5040~
Ad # 2147643
3 Net Ccst . ~9E °1
.Jame (~rimary} ST LUCIE COUNiY BOCC
^ompany (Frimaryi ST LUCiE COUNTY BOCC - -
Street 1 1Frimary? . ATTN: ACCOUNTS PAYAP,LE SUPE
~ity (Primary) . FT PIERCE
State ;Primary; FL
~lp (rr;maryi 3498~
Phone (Primary) • ~~72) 462-1692
~--,1ass `~dE g424SC - Notice of Meeting
Start Date . 6!2~2010
StcF~ Date 6~2~2010
S~
Prepa~~er,* Amount . G
7-~d Sa~'~es Rep. 190 - Barbara Wentzel
Wicth ~ 2
~EFtr_ zoz
r ST. LUCIE COUNTY
I
PLANNWG AND ZONING
COMMISSION
PUBUC HEARING AGENDA
June 17, 2010
NpTICE OF PROPOSED CONDITIONAL
USE PERMIT
The St Lucle County Planning and Zon-
ing Commission is scheduled to review
and make recommendations regarding
the fo!lowing item petitloned bv the ap-
plicanc for adoption by the Board of
County Commissioners of St Lucie
County; Fiorida, by resolution.
RESOLUTION N0. 10-102
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF S? LU-
CIE COUNTY GRANT!NG A CONDI-
A MIN NG OPERATION~ (SAND AN~D
COQUNA ROCK) IN THE AG 5(AGR-
ICULTURAL - 1 DU/5 ACRES) ZONING
DISTRICT FOR PROPERTY LOCATED
IN ST, LUCIE COUNTY, FLORIDA.
APPL~CANT- MCZ/Centrum Cltrus
Farms, LLC
FILE NUMBER. CU 22D081426
LEGAL DESCFI!PTION.
PARCELA
THE EAST 3;4 OF SECTION 3~, TOWN-
SHIP 34 SO~TH, RANGE 38 EAST LESS
AND EXCEPT THEREFROM THAT
PROPERTY CONVEYED TO THE FLORI-
DA STATE TURNPIKE AUTHORITY BY
WARRANTY DEED RECORDED IN O,R
~ ' S2, AT PAGE 92 OF THE PUBLIC
flDS OF ST. LUCIE COUNTV,
iDA PND LESS AND EXCEPT
TNtREFFOM THAT PROPERTY CON-
VEYED TO THE CENTRAL AND SOUTH-
ERN FLORIDA FLOOD CONTROL DIS-
TRICT BY WARRANTY DEED RECORD-
ED IN O.R BOOK 56, AT PAGE 581 OF
THE PUBLIC RECORDS OF SL LUCIE
OF SECT~p OFiIDANpN~ AT PART OF
THE EAST 3/4 OF THE NORTH 1/2 LY-
w~ NORTH OF ORANGE AVENUE EX-
TENSION (STATE ROAD 68 A/K1A
STATE ROAD 162) OF SECTION 8,
TCWNSHIP 35 SOUTH, RANGE 38
EAST
PARCEL B
ALL THAT PORTION OF THE WEST 1/4
OF THE NORTH U2 OF SECTION e,
TOVVNSHIP 35 SOUTH, RANGE 38
EAST Lt'ING EAST OF THE CENTER-
UNE OF MINUTE MAID ROAD AS LAID
OUT AND IN USE, AND ALL OF THAT
°OR?ION OF THE WEST 1/4 OF, LESS
TNE NORTN 1689 FEET THEREOF OF
SECTiON 5, `01h'NSHIP 35 SOUTN,
FANGE 3S EAST OF THE CENTERLWE
~ F-A4J tub~€-A4AID~DA~~.S J.
A N D! N U S E
PARCEL C
ALL ?HAT PORTION OF THE NORTH
1689 FEET OF THE WEST 1/4 OF SEC-
TION 5, TOWNSHiP 35 SOUTH, RANGE
3R EAST, LYI NG EAST OF THE CENTER-
LWE OF MINUTE MAID ROAD AS
PRESENTLY MAINTAINED AND USED
LOCATION_ North of Orange Avenue be-
?ween Minute Maid Road and the G24
Canal
PURPOSE: ?o allew for the operation of
a Class Z Mlning Operation to be
known as MC2 1200 Acres, in the AG-5
~Agricultural - 1 du/5 acre) Zonlnq Dis-
trict
The Planning and Zoning Commisslon
P06LIC HEAFIN^u on this item will be
held ,n the Commission Chambers.
Roger Poitras Annex, 3rd Floor, St Lu-
cie County Adminlstration Building,
2300 Virginia Avenue, Fort Pierce. Rori-
da on Thursd~y, June 17, 2010 beoin-
n~:ng at 6~00 P_M or as soon'hereafter ~
, as possible.
~,All interested persons will be alven ar.
~ oppo~tunity to be heard- Writren com-
ments received in advance of the public
hearing will also be considered.
Written comments to ihe Planning and
Zoning Commission should be received
by the P!anning and Development Serv-
ices Department - Planning Division at ~ ~
least 3 days prior to !he scheduled
~ hearinq The petitlon file is available
fo~ review at the °lanning and Develop-
ment Services Departmen~ offlces lo-
ca'ed ai 2300 Virginla Averue, 2nd
Floor, Fort Plerce, Florida, during regu-
lar business hours- Please call 772/462-
2822 or TDD 772/462-1428 if you have
any questions or require additional im
formation
The St Lucie County Planning and Zon-
Ing Commission has the power to re-
view and recommend to the St Lucie
County Board of County Commission-
ers, for approval or disapproval, any
applications within their area of respon-
sibility
The proceedings of the Plann~ng and
Zoning Commission are electronically
recorded. PURSUANT TO Secticn
286.0105, Florida Statutes, if a persor
decides to appeal any decision made
by the Planning and Zoning Commis-
sion with respect to any matter consid-
ered at a meeting or hearing, he or she
will need a record of the proceedings.
For such purpose, he or she may need
to ensure that a verbatim record of the
proceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal is to be based.
Upon the request of any party to the
proceeding, fndividuals testifying dur-
ing a hearing will be swom in. Any
party to the proceeding will be granted
an opportunity to cross-examine any in-
dividual testifying during a hearing
upon request If it becomes necessary,
a public hearing may be continued to a
date-certain.
Anyone with a disabillty requiring ao- .
commodation to attend this meeting
should contact the St Lucie County
Community Risk Manger at least forty-
eight (48) hours prior to the meeting at
(772) 462-1546 or T.D.D. 772/462-1426
Any quesiions about this agenda may
be referred to St Lucie County Plan-
ning Division at (772~ 462-2822.
PLANNING ANC ZONING COMMIS-
SION/LOCAL PLANNING AGENCY
2010 w~th Future Geometry HCM Signalized Intersection Capacity A4iao 2oio
3: Oran e Avenue & Kin s Hi hwa ~
~ ~ ~ t 1 r' 1
Movement EBL EBT EBR WBL WBT WBR NBC NBT NBR SBL SBT SBR
Lane Configurations ~ ~ 4~~ 1 9 - -
174 7qR ?fi5 ''1~ 418_
Ideal Flow (vphpl) i900 1900 1900 190~ 1900 1900 1900 1900 1900 1900 1900 1900
To~~.al Losl time (s) 4.0 4_0 4 0 4.0 4.0 4 0 4~0 4.0 4 0 4.0 4.0 4.0
Lane Util Factcr 0.97 0 95 1.00 0.9,' 0 95 1 00 0 97 0.95 1_00 0.97 0.95 1.00
F~ 1.00 1.00 0 85 1 ~00 1 00 0.85 1 00 1 00 0.85 1.00 1.00 0 85
Flt Prolected 0 95 1 00 1 00 0 95 ^~.00 1 00 0.95 1 00 1.00 0 95 1 00 1.00
Sa1d Flow (prol) 3242 3343 1495 3242 3343 1495 3367 3471 1553 3367 3471 1553
FIl Permitted 0 95 1 00 1_00 0.95 1-00 1 00 0.95 1.00 1.00 0 95 1 00 1.00
Satd.Flow erm~ 3242 3343 1495 3242 3343 1495 3367 3471 1553 3367 3471 1553
Feak-hour faclor FHF 0°5 0.95 0 95 0 95 Q95 0 95 0.95 0 95 0.95 0.95 0.95 0 95
Adj Flow (vph) 183 840 2'9 223 440 446 108 341 29~~ 761~ 441~ ~88
RTOR Reduction (vph) 0 0 193 C 0 354 0 0
Lane Group Flow (vphj ?83 840 86 223 440 92 108 341 134 761 441 67
8% 8% 4% 4% 40~o qo~o 4% 4%
Neav ~ Vehides `io~ E% 8% 8% perm Proi Perm
Tum Type Prot Perm Prot Perm Prot 1 ~
~ 4 3 8 5 2
Protected Phases 8 2 6
Permitted Phases 4
Aclualed Green, ~(sj 21.° 32 2 32 2 11 2 21 _6 21 6 7.7 16 5 16.5 28.4 37.2 37 2
21.~ 322 322 ^ 1 2 21.6 21 6 7.7 16 5 16.5 2~.4 37 2 37.2
E~ieclive Green g (s)
Aciuated gIC Rafio 0.21 0 31 0-31 0.11 0 21 0 21 0 07 0.16 0.~,6 0~27 0~36 0
~ 4 0 4 0 4 0 4.C 4 0 4.0 4 0 4.0 4.0 4.0 4.0 4.0
~learance Time I,s)
Vehicle Extenslo~ (sl 3 0 3.0 3 C 3 0 3.0 3.0 3.0 3 0 3 0 3.0 3.0 3-
Lane Grp Cap (vph) 678 1032 462 348 692 310 249 549 246 c0 23 ~8 554
0.06 c0.25 c~ 07 0.13 0.03 c0~10
vis Ratio Prol p pg C 04
vls Ratio Perm 0.06 0 06
vlc Ratio 0 27 0.81 0_19 0 64 0 64 0 30 C.43 0.6? 0.55 0.8? 0 36 0.12
Uniform Delay, c1 34-6 33.3 26_4 44.6 37.8 34 9 462 41.0 4U.4 35.7 24.7 22.6
Progression Facicr 1 ~00 1.00 1.00 1 00 1 00 1 00 1.00 1.00 1.00 1 00 1 00 1~00
Incremental Delay, d2 0.2 5.0 0? G.0 1.9 0.5 1.2 22 2.5 6.3 0.2
Delay (s) 34.8 38_3 26 6 48 6 39 7 35.5 47 4 432 42.~ G~~~ 24 Z~ C
Level of Service ~ D C D D D D D 33.9
35.3 39 8 43.7
Approach Delay (s) p p C
Approa~h LOS ~
Intersection Summa p
HGM Fverage Conirol Delay 37.4 HCM Levei oi Service
HCM Vclume lc Capaclty ratio 0.76
, 104 3 Sum of losl time (s) ; 6 0
Actuated Cycle Lengln (s, ICU Level of Service ~
in!ersection Capacily Utilization 71.0%
Analvsis Perlod (mfn) 15
~ Critical Lane Group
Synchro 7 - Reporl
Baseline Page 1
PM Peak
2010 Vol. Exisitng Geometry HCM Signalized Intersection Capacity Analysis
3: Orange Avenue & Kinqs Hiqhway 4/20/2010
~ ~ ~ ~ ~ ~ ~ t ~ 1
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations ~ ~ ~ ~ ~ ~
Volume (v~h) 1~4 798 265 212 418 424 103 324 280 723 419 179
Ideal Fiow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 ~ ~
Tofal Lost time (s) 4.0 4 0 4 0 4.0 4 0 4 0 4 0 4 0 4 0 4.0
Lane Utii Facior 1 00 0 95 1 00 1_00 0.95 1.00 1 00 1.OC t00 1.OC
F~ 1.00 1 OG 0 85 1.00 1 00 0.85 1,00 0.93 1 00 0.96
Fit Profected 0 95 1 00 1.00 0.95 1 00 1.00 0.95 1.00 0.95 ~.OG~
Satd. Flow (prot) 1671 3343 1495 1671 3343 1495 1736 1700 1736 1745
Flt Permitted 0 2B 1.00 1 00 0 95 1.00 1.00 0_43 1 00 0 10 1.00
Sald.Flow(permj 493 3343 1495 1671 ~343 1495 779 1700 178 1745
Peak-hour facler, FHF 0 95 0 95 0.95 0 95 0 95 0.95 0 95 0.95 0.95 0 95 0 95 0 95
Adj. Flow (vph) 183 ~ 840 279 223 440 446 108 341 295 761 441 188
RTOR Reduction (vph) 0 0 223 0 0 364 0 20 0 0 13 0
Lane Group Flow (vph) 183 840 56 223 440 82 108 610 0 761 616 0
Heavy Vehicles 8% 8% 8% 8% 8% 8% 4% 4% 4% 4% 4% 4%
Tum Type pm+pf Perm ~ Prol Perm Perm pm+pf
Prolected Phases ? 4 „ 8 2 ? 6
Permitted Phases 4 4 g 2 E
Actuaied Green, G{s; 37 0 24.0 24 0 11 _0 22 G 22 0 37 0 37.0 73.0 73 0
Effective Green, g(s) 37.0 24 0 24.0 11 0 22 0 22 0 37 0 37.0 73 0 73.0 ~
Actuaied g/C Ratio 0.31 0.20 020 0 09 0 18 0 18 0~31 0 31 0.61 0 61
Clearance Time (s) 4 0 4 0 4.0 4.0 4.0 4 0 4.0 4 0 4 0 4.0
Vehicle Exlension (s) 3 0 3 0 3 0 3.0 3 0 3 D 3 0 3 0 3 0 3 0
Lane ~rp Cap(vph) 280 669 299 153 613 274 240 524 524 1062
vls Ratio Prot c0 07 c0.25 c0 13 0 13 0.36 c0 39 0.35
vls Raflo Perm 0.13 0.04 0 05 0 14 c0 50
vlc Ratio 0.65 t26 0'9 1 A6 C72 0 30 0.45 1.16 1 45 0 58
Uniform Delay, d1 42 6 48.0 39 9 54 5 46.1 42 3 33 3 41.5 30 5 14.2
Progression Factor 1 00 1 OG 1 00 1.OG L00 1,OC 1.00 ~ 1.00 1~00 1 00
Incremenial Delay, d2 5 4 127.0 0.3 238 3 4 0 0 6 1.3 93.0 214 0 0.8
Delay (s) 48.0 175.0 40.2 292 8 50.1 42.9 34.7 134.5 250.5 15.0
Level of Service D F D F D D C F F B
Approach Delay (s) 128.3 96.0 120.0 143 9
Approach LOS F F F F
Intersection Summary
HCM Average Control Delay 123 8 NCM Level 01 Service F
HCM Volume to Capacify raiio 1.44
Acfuated Cycle Length (s) 120.0 Sum of lost time (s) 16 0
Inlersection Capacity Utilization 121.4% ICU Level of Service H
Analysis Period (min) 15
c Critical Lane Group
Baseline Synchro 7 - Report
PM Peak
Page 1
MCZ/ Centrum Minin
Kings Highway i Orange Avenue
EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Totai
= Condition without Improvements 41~ q24 103 324 28~ ~23 4~9 1~9
f9 17a 798 265 212
L Back round + Commited + Project Tri s 424 103 604 723 598
174 798 2E5 212 418 1.05
~ LaneGroupVOlumes(vph) ~,05 1.05 1.D5 1.05 1A5 1.05 1.05 ~A5
- Flow Rate AdLstment Factor 761 629
y 183 840 279 223 440 446 108 636
~ HCM Ad usted Flow Rate (vph)
Lane Grou Ca acit (v hj 280 669 299 153 613 274 240 52a 524 1~ 3 0 463
97 -171 -70 t 73 t 32 -712
" Lane Grou Capacit ~ Deiicit (v h; 42 0 o
~ 0 52 ~
~ ~ Pro ecttrips (vph) ~
U 0 55 0 0 44
Adjusted Pro~ect Trlps (vph) p ~5 0 D 0 0 0 0 0 0 0 55
I a a' Adjusted Pro ect Trips Contribulin~ to De1icl: fvph)
o ~
~ ~
y 3 CondiLOn withlm rovements ~~4 igg 26~ 2~2 q~g 424 i03 324 280 723 419 179
m LL 8ack round + commited+projecl traitlc
J'o Lane Grou Volumes t83 840 86 223 440 92 108 3a1 i34 761 441 67
I°' a~ p t00 ~.OD 3.24 1.00 L00 4.85 t.OJ '.00 220 1.00 1.00 281
r v, Flow Rate Adjustmenl Factor 1 g3 g40 279 223 440 446 ~ 08 341 295 761 441 i 88
~
~ 3~ HCM Adjusted Flow F1ate 678 1032 462 348 692 310 249 549 246 917 1238 554 727
~ a Q Lane Grou Ga ad~t ~
_
il
~ Pro ortionater Fair-Share Calculalions 4638
~ p Inlersection Capaclty wilh Projeci Trips Beiore Improvement 7275
~ d Inlersection Ca acit ~ wiih Projecl Trips Aiter Improvement ~
I o~ Increase in Intersecfiea Capacity 55
~
Pro ect Tr~ s Contr butinq to IntersecUan Group Dehcit 2~~ ~
~ Pro o~ionater Fair Share Percenla e ~~i,250,000
c Int2rsection Improvement Cost $233,518.95
Io
U Proportionater Fair Sha~e Gost
Stanley Consuitants ~N~.
A Stanley Gioup Compang
Engineering, Envimnm~?al am.' ConstruRro~ Servires Worldwide
Michael Brillhart
Department of Growth Management
Planning Division
2300 Virginia Avenue
St. Lucie County, FI 34982-5652
Subject MCZ/ Centrum Mining
Dear Mr. Brilihart:
After completion of an initlal review of the Proportionate Fair Share Calculations for the
subject project, we offer the comments listed below.
Kings Hwy/Orange Avenue
We concur with the methodology used to caiculate proportionate fair share at this
intersection. The capacity analysis calculations; however, used 4% truck traffic. Based on a
review of the FDOT counts station located on Orange Avenue, west of I-95, a high
percentage of truck traffic (in excess of 8%) exists on this corridor. Based on data from the
Orange Avenue station, it is more appropriate to use 8% truck traffic for Orange Avenue and
4% truck traffic for Kings Highway.
Stanley Consultants performed the 2010 intersection analysis using the truck traffic data
from the Orange Avenue counts station, for existing geometry and the proposed geometry.
Operations optimization was performed on the intersection using SYHCHRO under the HCM
methodology. The results of the analysis are included for reference.
The revised final proportionate share at this intersection is calculated at $233,518.95,
instead of $185,143 63 as calculated by the petitioner.
Should you have any question please contact me at 561-584-8729
Sncerely,
~
Freddie A. Vargas, P.E.
Staniey Consultants ~nc.
Senior Project Manger
] 641 Wor[hington Road, Suite 400 - West Palm Beach, Fl 33409 - phone 561 689 7444- fax 561 6893003 1
ATTACHMENT 4
- I, ~ ~ ~ ~
~ h
° ' e I II I "I ~I
1- N
O I I ~I
~ Oi c,~ m ~i I
~ ~ I I p O G I~ Ci e I -
~ J o Y ~
. . . .
I
Oi C I I
m ~INIG .~i 6 ~'IO ^IC ^ O mm ~
~D c
Vt .r Q~' i I .
m N N C ~L .L C. C ~ G 'a T~ O ~fi O~
m m 1~ ~~..i I~ O
C o I IC ~ C ~ m m I I
m m ~ ,
Z
~ I I
p «I~. o w m~lo o c r:~ o I
Z m~ ~ m m r, in u
m
~
m lD Q
I m
m o 0 0 0 ~lolo o c o o~ ~
Z m
I ~
O¢ N ~ ~ II I c a 6^ .n c
rI O rJ o m~D llolo~ Q~
03 i ~
a ' Q~ o n I
mmoo N
~ o m m p o¢~mlv o° c c, - n'
Q7 .3 e v+
~ I ~
C 1 'n
Q NI^ ~ I ~
~ c
~ o c N rlc olo; r-+ .
r~~o 3 c i
- ~ I I I ~
O W ~I~ o ~°o ~o~o ~ ~ ~
\ n h~ I
T I I
3~ me ~-rv,~~, mQOOa I
sm I~~°om~` ~~~m~
=W i
~m.~ Qa
m p ~°r o m m d o D ~ ~ ~ o°
W ry
~
Y ~ ~ i ~
I I G
I ~ E
0
~ ~ I ~ I
i~~ ~~~r ~ E ~
i I ~ i U u ~
O ~
~ I - - O Q C
I ~ _ _ O_
t O C
= C p N
~ - ~ o
_ ~ ~ _ ~ ~ ~ v o
C ~ D C V O ~ C rv
~ E° ~ - ~ ~ ~ ~ 3~ L
I ~ ; r ° - ~ ~ ~ o E + : ~ ~ ~ ~ ° ~ ~
~ ° i ° ` ' ~ i i ' i 3 3 ~ - ` c
E a ~ 3~ - n c
E F~~¢>~ ~ c o-, „ c c ~ ~ y s'/r' LL o
I ~ o E E o ~ r ~ ~ E o'~~° a ° n° m c- C
r u-~ u° rF', ° V u r+ j^~ ~ `o v v.. v c`~ E_ ~
i~ t U V~. c~ u
C~ 3~ G< C O C c n C C ~
3 a c a c c c c c- - °
c c = ~ _ - c _ c u ' c ° ~ ~ ~ ~ ° ~ ~ _
Q~ O~ 9 O C.~.. L L O 0 L ~ L - ~ D
~ y l9 c< V u U~ 9 y l7 3< u o ~ J u ~ n c O _
c~";~ c? o ~ o~ ~ o L_ ~ o o.,
v o ~ i c- << u o~.i S~ ~ ~ a c ° a _
I 2~CN MO~j LL
~
paunfpy ucy~ ssal aie Aluede~ dnc~~ aue~ a~aym sd~al ~.~a(o~d 8u~~ap~suo~
Short Report Page 1 of 1
ATTACHMENT 3b
SHORT REPORT
General Information Site lnformation
Analyst JLM IntersQCtion Orange Ave/Krngs Nwy
Agency or Co Susan ~ 0'Rourke, PE, inc Area Type AU orher areas
Date Performed 02-i7-2010 Junsdiclion SI. Lucie County
Time Period PM Peal; Nour Analysis Year 20~0 wifh Future Lanes
- _ _ _ . _
- -
Volume and Timin In ut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TF1 RT
Number oF Lanes 2 2 ~ 2 2 ~ 2 2 ~ ~ ~ ~
Lane Group L T R L T R L 7 R L T R
Volume (vph) ~74 798 265 2~2 ~11B ~J24 ~03 324 280 723 419 ~7g
% Heavy Vehicles 4 4 4 4 4 4 4 4 9 4 4 4
PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 ~,95 0 95 0 95 0.95 0 95
Pretimed/Actuated (P/A) P P P P P P P P P P P P
5lartup Lost Time 2.0 2_D 2.0 2.0 2.0 2 D 20 2.0 2.0 2.0 2.0 2.0 I
Extension of Efiecilve Green 2.0 2 0 2. D 2. D 2.0 2 D 2 0 2.0 2 0 2.0 2. D 2.0
Arrival Type 3 3 3 3 3 3 3 4 3 3 9 3
Unit Exiension 3 0 3.0 3.0 3 0 3.0 3.0 3.0 A.0 ~.0 3.0 4.0 3.0
Ped/8ike/RTOR Valume 0 D 90 0 D 90 0 D 10 0 D 10
Lane Width 12.0 i2.0 12.0 12 0 12 0 72.0 12 0 12.0 ~2.0 12.0 72.0 ~2.0
Parking/GradelParking N D N N 0 N N D N N D N I
Parking/Hour
Bus SiopslHour 0 D 0 0 0 0 0 0 4 0 0 0
Minimum PedesUian Time 3 2 3 2 3 2 3.2
Phasin Exc! Lefi Thru 8 RT 03 04 Excl. Lefi SB Onf Thru ~ RT OS
Timing G= 16.D G= 32.0 G= G= G= 23.0 G= 4.0 G= 20.0 G=
Y= 5 Y= 5 Y= Y= Y= 5 Y= b Y= 5 Y=
Duration of Anal sis hrs) = 0.25 C cie Len lh C= 720.D
Lane Grou Ca aci , Control Dela , and LpS De#ermination
EB WB NB SB
Adjusted Flow Rate 183 840 26B 223 440 43b 108 391 284 761 441 ti7B
Lane Group Capacily 449 974 777 449 97~ 994 646 609 531 899 883 6A7
v/c Ratio 0.41 0.86 0.34 0.50 0.45 0 48 0. 97 O~b 0.53 G.85 0.5~ 0.28
Green Ratio 0.13 0.27 0.50 0. 93 0.27 0.5D 0.19 0. ~7 0.34 0.27 D. 24 0.42
Uniform DeVay d~ 97.7 Ai,9 18 1 48_3 36 7 19J 40.5 46.0 31.8 ~1.7 39.2 23.1
Defay ~actor k 0.50 50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50
lncremental Deiay r1, 2J 10_0 ~.2 3.9 7,3 9.8 0 6 3,7 3.8 9, 7 2_0 ~.1
PF Faclor 1.000 9.000 i.~OD ~.000 1,Q00 ~.000 ~.000 ~.000 1_D00 1.000 7.OD0 1.000
Control Delay 50.4 51.9 ~9.3 52.2 38.2 21.5 41.1 49.6 35, 6 51.4 41.3 24.1
Lane Group LOS D D B D D C D D D D D C
Approach Delay 44 9 3a.4 43 D 44.6
Approach LOS fl C D D
Inierseciion Delay 91.9 Intersec#ion LOS D
Copynght~ 2007 Universdy of Florida, AII Righls Reserved yC~,TM Versio~ 5 3 Generated 2J1 ~12010 3 5B PA4
file://C~\Users\laime\AppData\Local\Temp\s2kD6DS.tmp 2/17/2010
Page 1 ofi 1
Short Report ATfACHMENT 3a
SHORT REPORT
Generat Information Site Information
Analyst JLM Intersection Orange Ave1 Kings Nwy
Agency or Co. Susan E 0'Rourke, PE, IRC Are2 Type AN ofher a~eas
Da1e Performed 02-17-20;0 Jurisdicl~on St ~ucie County
Time Period °~v? Peak Hour Analysls Year 2010 with F~cisfinc Lanes
_ .
-
Volume and Timm In ut NB SB
Eg WB
LT TH RT LT TH RT LT TH RT LT TH RT
Number of Lanes 1 2 7 1 2 ~ ~ ~ ~ ~ ~ ~
~ T R L T R L TR L TR
Lane Group
Volume (vphl 174 798 2b5 212 4i8 424 103 324 280 723 419 ~79
9 4 4 4 4 4 4
% Heavy Vehicles ~ 4 Q ~
PHF 0.95 0.9~ 0_95 0 95 0 95 0 9b 0 95 0.95 0 95 0.95 0.95 0 95
Pretimed/Aciuated (PiA) P P P P P P P P P F P P
2_G 20
Starlup Losl Tine 2 0 2.G 2.0 2.0 2.0 2.0 2.0 2 ~
2.0 20
Extension of Efiective Green 2 0 ~.0 2.0 2.0 2-0 2.0 2.0 2.0
3 3 3 3 3 3 3 4 3 q
Arrival Type
Unit Extension 3 0 3 0 3.Q 3.0 3.0 3.0 3.0 4.0 3.0 9.0
PedlBlke/RTOR Volume 0 D 90 0 0 90 0 D i0 D 0 iG
Lane Widlh 12.0 12 0 12.0 12_0 12.0 12.0 12.0 12:0 12.0 92.0
Parking/Grade!Parking N 0 N N D N N 0 N N 0 N
Parking/Hour
Bus Sfops/Hour 0 0 0 0 D D D D 0 0
3. 2 3. 2 3. 2
Minimum Pedesirian Tlme 3.2
Phasin ExcL Left Thru 8 RT 03 04 Excl. Left Thru & RT ~7
G= 160 G= 27.0 G= G= G= 250 G= 320 G= G=
Tlming Y= 5 Y= 5 Y= Y= Y= 5 Y= 5 Y= Y-
Duration of Anal sis hrs = 0,25 C cle Len th C= 120.0
Lane Grou Ca aci , Control Dela . and LOS Determination
EB 1NB NB SB
Adjusted Fiow Raie 183 8¢0 2fi8 223 A40 436 108 625 761 619
Lane Grnup Cap~clty 231 822 738 231 822 868 362 4B7 362 487
v/c Ratio 0.79 i 02 0.36 D.S7 0 5=~ 0 50 0 30 1.28 2 1~ ~.2~
Green Rallo 0.13 0,22 0.47 0:13 0.22 0,47 0.21 0,27 0.21 0.27
Unitorm Delay G~ 50.4 46.5 20.0 51.7 41.0 21.7 40.1 44.0 47.5 94.0
Delay Facior k 0.50 0 50 0.50 0.50 0_b0 0.50 0,50 0 50 D.bO 0_50
Incremental Delay d2 23 7 37.0 i 4 50.9 2.5 2.1 2.'1 142 5 505.3 137.4
PF Factor 1.000 t 000 1.000 1_ 000 9.000 1.000 1.000 ?.040 9.OOD 9.000
552.8 ~8~.4
Controi Delay 74. 7 83.5 21.4 102 b 43.5 23 B 42 2 186.5
tane Group LOS E F C F D C 0 F ~ F
165 2 386.2
Approach Delay S9 3 ~
Approach LOS E D F F
Interseciion Delay 176.8 Interseciion LOS F
Generaled 2Jt7I2070 3:5~ ~M
Copynghl0200i Jniversily ol Flonda, All Righis Reserved HCS+~~~ Version 5=
2/17/2010
file://C:\Users\Jaime\AppData\Locai\Temp~s2kB957.tmp
T ATTACHMENT 2
y a
~ s ~
' ,
~ ~ ~
- -
-
- T _ - -
~
~ ~ _
F ~ F.- ~
e ~ C ~
o ~ T o r.
n ~ ~ ~
0
J I ' ~ LL ~ o
a
1 t ~ t ~
~
~ I
~ ~
~ ~ ~
~ T
o -
u
w o
~ ~ _ ~ ~ ~ . m _ _ m
z o
~ o ~
~ ~ -
~ ~ O~ 4 0 ~ - ~ C _ t^i c r. m l'~ ¢ ~
~
~
~ ~ ~ r r. Q
~ ~
z ~ -i n r. ~ - i _ ~ ~ r., ^ ~ ~ a
W
0
~ 3 ~ ~ - ~ ^ ti ~ ~ ~
W "
~ '
~ ~ ? ~ - ~ e c i o c o c c c C o ~
~ 3 a
~ ~ ~ ~ _ ~ a e - m ~
c ~ o c c c o ~
Z Q ~ "
Q ~
Z ` - ` - - - -
~ ` W . - ~ O ^ C C C C C O C C N ry
O o
~ 0 ~ W c - " ~
c c c c c c ° c c
~ - m T. r~ n
3
~ o
W r~ n ~ ~ ~ o c ~ c. ~ N ~
c c c c o o c
r'i
c
N c c ~ ~
~n ~r ,r o c ~ ~ c c _ c c c c
9 r.
L C
L C ~ _ ~
~ c : r, o c n . ~ ~ o o c o G
_ ~ o
~ a O
o ~ N - v, r, c . a
n ° S ~ m o o c o c o ~
0 ~ m ~
r i
~ a ~ ~ ~ c C
J ~ n
Z Z ' m ¢ ~ o ~ C c c C c C ~ - r
~ v ~ - - e~ c
~ v C
~
~ c o c o ~ ~
= Z n r, o m c ~ c. rv - o o o °
~ a n'
' ` o z J I N '
c o n
_ i~ a 2 - I-`. _ N o ~ c o o c c c o c c '
y 2 ~ ~
c ~
Y
_ _ C C u
H Q ~ C C' 'a' ~ - L ?t ~ 2
C~ _ c c cd c c - c - c c ° f ~
V Q Z ~ o q `c - _ _ a' _ E O
vf W ~ o C O p m C' j - ~ " ~ C _ ~ ~ ~
2 G O C C < _ - N v. ~r ~n ~ > v l. ! ~ v ]a .c ~ ¢ - U ^ ~ 4
_ _ O v~ ti =
U
ATTACHMENT 1
`T 0 = _ wmley-Norr~
- _
_--and ocia~ear A; -
TMCS t
~1CJt`i~~"fql7hl?11N11i1: [)PERATIDt.'
17tiP GF_~~Rr:lOfi
1~nd lle O~U~~ Ahf Pnt Ilou' PTf 1'ml~ Hnur
Tri 7n1s1 In Ovt 7oul In oo~.
rrtnn~e_t~rcl'nf!ic f.myln.ia'
I.tl~docOpefv~~un 75 110 ]5 77 11 a~ !5 S
Trvd:TnRr
t.mn ~o ~5 a5 sn ~5 ~S
h~n!+'ryFiiurcl7rcffir 1 7~'Sd L'A 7' SL 1J~ fU 3J
•l~ic?1 N7irlr:~.c.1*~(n,m.L-lnv:o
Vu~: 7repFrn_nnm wa~ o~ula~cd ailni ~(oflowinr d~:
p_1N7nRi: G[nrnSloa
wnr.Mu~ine Tn_vipnpcran~falTc
Trv~i Tn~~: ~o~ascd = SY Vulxhla~
Ap1 PaM UonrTrntfirGamilen
WarzhwonF(1Tt 15Q] 7= ~SI p~ cryl l~ (Y?:+la ^Y.~ ou1)
~n,r1 Tn~: Prarn~cf -~5 in,cla ic a5 wc~ ca~ 1QT8 dp~ /I'_ In ole~aiivn
('~1f`eokiluurTn~=Lcncntinr, ~
~YVdim:ioF (lTi~_ ISOI T~ 0 S~ pa cm~fo~a (1~r ix.4
i au~l
irtrl Tn(ic t~tFoid=a5 Vtcl.a i~~ SS vt~ cui. {Q78 ir+r~ 1J' F.n af pa'~iv*~
-v„nu~= mf r.:,,i+:~=r ~r,7r~i-r,~c,rt n7~.i r-rn,-~ ~~M -.w n o1 w~.w~~IRr~*
D~~. Jr~n ll~m i+~lh~~*r ~a h~_
Fair-Share Analysis
The Fair-share template for intersections developed for St. Lucie County by Stanley Consultants was
used to estimate the fair-share contribution by MCZ/Centrum Mining. The calculated contribution is
- - - _
185,143.63 . _
Attachment A provides the fair-share spreadsheet.
Please give me a call if you have any questions or comments.
~-~m^'^~..a.~..,:. PY'T~~,'~`a~.3''9"'~",~~„~L ~ ~,r I~ qg . ' ~ ai ~r '
~5.3 t l~„ ~ F ~.m J\( r ~c T f ~ Z ~ ~ ~ i ~f.
t ?~l~s
~ ~+ff~ ~ ~ ~ ~-r-4`~_ . - ' . ~'F '
#..o*~'+.. 1-~~ T~ t t ti'.i;.
~ - :T..;:z= ~ .t"~~'~ . '
Traffic Engineering, Transportation Plannina
~
February 18, 2010
To: Mr. Michael Brillhart
From: Susan E. O'Rourke, P.E.,
Re: MQ/ Cen[rum Mining
Susan E. 0'Aourke, P.E., Inc. has been retained to address the comment from your department
regarding the project's fiair share contribution to the intersedion of Orange Avenue and Kings
Highway. To that end, we have compiled ihe foll~wing data and response.
Trip Generation
1n a traffic study prepared by Kimley-Horn and Associates, dated February 2008 and updated July
2008, the trip generation was calculated as 134 PM Peak hour trips with 60 in and 7A trips out.
See Attachment 1.
Assignment
Following the comments and response, 70°b of ihe traffic was assigned to Orange Avenue through
Kings Highway to and from I-95. That assignment equates to 52 eastbound trips and 42
westbound trips.
Turning Movements at Orange Avenue and Kings Flighwray
Turning movernent counts were not available in the traffic study prepared by KHA. However, the
data prepared by my firm for the St. Lucie Rock projed was recently reviewed by your office. We
have updated that data to include the Love's Travel5top ihat is proposed for the southeast corner
of Orange Avenue and Kings Highway and the MQ/ Centrum mining trips.
The turning movement sheet is included as Attachment 2
HCS Analysis
~728 SW A4.ron A~enue
The intersection was analyzed using the Highway Capac+ty Manual software. The results are s~r~ ~A
S2:~a~~. R~-~d~ 3499~
shown in Attachment 3a and 3b for the future traffic on the existing network and the future
trafficon thefuture network. ~E1 ?9~6
772 781 9261 ta~
SEO*"i-C~rbe~;[omcas nE',
~,6~~~ ~ ~
0 0 0 0
~ oo t~ r p
ro
„ 3 ~ ~ ~
~ ~
~
o, o 0 0
~ FI ° ~ rn ~
o A ; ~ cv
N Q~, ; '
- - -
-
0 0 0 0
o 0 0 0
.:E" ~o r-, cv C
:O::~Cr~ ~ ~ ~c,j .
i'V ' ~ ~ ,
d,
a
.K ~";:i o ~ p ~ p .
~ A:.I ~ N .
N ~'i
d i
' o 0 0 0
~ F" i r~ oc o, o
o
;
l
o O O o
N ~ oO N
~ ~7 ~
N..,~;j
ii
; i
.--i f..i -.j OM ~ N p .
O ~ ~
D
".:~sl~>I ~
O O O O
~ ~ I ~ ~ ~ .
Q o0 00 0o eo
h~
I
~ ~ tv N N N
_;:t~::
~
~
~;i.~:.~-~ ~ ~
a .
sj ~
o
U
~ ~ ~
o ~ >
t;: ~ ¢ ~
J U ~ U
O< ?
. t-~.~~. ~ ~ N ~
'.~;i r!] ~ ~ ~ .
v~ w:: 4~. cf, w
~ .::::<Q;i O O O ~
i' ~~i~~::~::~~:
a v~: W W v~ Z,
r:
~ ~ ~
w ~ ~ N ~ rn ~
v v ~ ~n
~ w.. ~::i
(/3 :
rLh
u
, w
L'. :
~
O ~
U ,
>
~ ~ ~ ~
~ ~ ~
ea: Q 'D
~v c
~ ~ ~
~ _ ,
~ _....f~: O ~i ci
Kimley-Hom ~
and Associates, Inc.
APPENDIX
Kimley-Horn
~ and Associafes; Inc
CONCLUSION
A mining operation site is proposed on the north side of Orange Avenue west of
Sneed Road in unincorporated S[ Lucie County, Florida The mining operation is
expected to occur over a fifteen-year timeframe. The traffic analysis shows tha[ all
roadways within the s~udy area are expected to operate at an accep[able level of
service through t}ie fi~teen year:mining operation. "
~
~ ~
~ ~
~
~ ~D~
,
~ ~
~
v
041223004
Page 13
~i
_ - _
- - - _ .
- _
-
_ - _ _ _o
~
0
Q
~
wi
~
~
~ ~I I
i I
~i ~
i i
~
I '
I ~
I I
~
~ I I
I i SITE
~
'i
~ ~
~ ~
~ i
ii ~
~
~
I I 1288 I
~ I
~
I
~
m
~ ~
~ ~ r ~ ~
r `1
e~~~ ~ t ~3 ~62> ORANGE AVENUE
LEGEND
73 AM PEAK HOUR VOLUME
a (62) PM PEAK HOUR VOLUME
1288 DAtLY TRAFFiC VOLUME FIGURE 3
MCZ/CEMTRUM MINING OPERATION
DRIVEWAY VOLUMES
wmley-Hom
NOT TO SCALE ~ and Assodales, Inc.
0
041223004
s-.\o~~\oaz2~ow Ncz u~~~~~oy l~am~~runmc~uiHUre uNO ao~o.a.y Flc-~ r~o ~e. 2ooe iz-aopm ey mo~~o.man~~ Page ~2
? ~ ~ Kimley-Hom
~ and Associates, Inc.
y- - _ _
SITE ACCESS
Figure 3 illustrates the daily and pea~ hour project traffic volumes entering and
~ exitmg the proposed site. The applicant is willing to provide tum lane improvements
at the intersection of Orange Avenue and the project driveway.
041223004
Page 1 I
0
= w r ~ r ~ ~
~ ~ T > Y~ T > Y ~ .
~ , d
~ ` a. c I ~ ~ ~ ~ Z
> > } z r
m E
v> ~
m .
e e a e o
o-
E ~ Q Q o. ~ ~ _
_ r a. _
„ . . ~ .
~ -o--.._---=~r .
G
~ ~ ~o n ~ r+ - ~ .
o r
H - m
m ~
F- q I ~a ~ n _ .c
Z'
9
C v ~n ~o °O - °
= O
v Y
• Gi V ~
~ ~ ~n t~ r~ -
C~
e e o o e
<
.9 I
~ ~I ~m m ~ r - e .
s
h Y S
~ a _ _ _ - e
z y ~ m' - ~
c a z
r z ~ „
~ ~ VI - - - - ~ ~
~~~s~^ ~ ~ ~ m ~
v ~
a ~ ~ p Z ` r
~ C 4 E`_ N r ~
~ J
r ~ v ~ ~
a ~ L^~ - r ~ ^ - - - ~ e
Z ~ o`o o ~
l,~j ~ V m
~ ~ ~ t Z~ ~ ~ ~ ~ ~ ~ ~ .
~r~~ ~ ~
Q ~
y ~,i
~o ot, ~ ~
z r _ _ _
~ ° m~
- Z m~ w m ~
W v
E ^i r r ~ r r ~
Z
~
a
I 9
~
U
I D
a ~ ~ o
~ V o
c~ ~ ~ ~~n w .
x°
< ~
a ~ ~
~ ~ ° ~ O O
9 ~ < ~ ~ ~ ~ a ~ ~ z
z o h
~
h ~ 6
~ r r r i r ~
~
~ ~
~ ,
N
, ~ .h : U u ~ a~ o
~ ~h: .1' 2. ~ z
~
V] . . ~
o ~ o ~ o 0
_
E ~n o. o o~ _ V
~o c~ o0 0 0
u ~p
y` v o0 0o v oo ~ ~
N _ l~ v O O
p p m [V cv ~ O
N F"~ E ~ ~D ~O N ~ .
Y ~ J
~ j o p ~ ~ ~ ~ V ~ .
p o _ - .
m >
F
c
u
E e o 0 o e ~
"o c o ~n o o ~
y ~ c~ o0 0~ ^ ~ ~ ~
u ~
. E . v o. o, rn ~v " ~ ~
-y ~ ry o
~ q~ o. vi vi~ ~ -
~
0 V O O O O O O
U O G O O O O
> F o0 00 00 ~D ~O
~ y _ r'1 V V
Nccc~~~ ~ ~ J
~ O ~ u
W f/j N E~ N cV N N N
1-I 7
O E ~ z O
U ~ Q ~
w~>~~ o ~ ~ o. o~ o~ ~
M~!1'~'" ~`.L e`c o ~ h o°~o ~
` ~ ~ A ~.J N N
F" ~ a .a W
E"' ~ ; ~ e o o 0
~ a ~ y
~ w ~ ~ ~ ~ ~
W r ~a ~ ~
U
~ E o °o 0 0 0 ~
A o ~ ~ ~o ~o rn vmi
4 o c c~i cv c~i
v ~
0
0
N o 0 0 0 0 0
0 0 0 0 0 0
~ m v ~ ~o ~ ~ ~o
- y m v v c v ^ v
Tt ~U
W
y u
~ m N N N (aV N (4
7 a
Z O
U
C
~ `
-
G
7 ~
U ~
U -
6~ '
~ =
S 9
U ~
-p ~ U
Y
p O U
W' ~ U O E
C ~ U O ~ ~
O =
H VJ l~ f~ W j ~ ~
C ~ _
U ~
~ < ~ _
o ° E
x m ~ °
y F
y C ~ U
~ L -p O Y
~ F ~ ~ ~ ~
~ o O i~ 'O i+- '9 ^
m E Q o c ~ ¢ o r o ° ~
o u = „ „ fY~ a fY Lt
3 ee " r c = c o ~ ~
~ W m W cn cn v~ c v~ ~ Z
fa.' O ~n ~n
? ~ Kimley-Hom
~ and Associates, Inc
T CAPACITY ANALYSIS
A link capaciry analysis was undertaken for each link considenng its total traffic ~
volume and the roadway laneage to be over the fifteen-year of the mining operation.
Total traffic is defined as the sum of existing traffic, historic growth, and project
traffic. Projected total traffic condition is shown in Table 2 for daily conditions and
Table 3 for peak season peak hour dire.ctional conditions.
The level of service capacity for each roadway link is defined by the capacities
published in the Florida Department of Transportation's 2002 Quality/Levei of
Service Handbook_ In accordance- witb St Lucie Counry standards, roadways were
evaluated using the. cnteria of Level of Service D for daily conditions and Level of
service D,~E for peak hour duectional conditions.
B ased on this analysis; all links within the project study area are expected to meet the
link level of service standard for daily and peak hour directional conditions over the
fifteen-year mining operation. ~
041223004 Page 8
Kimley-Horn
~ and Associaies, Inc.
- - -
Figure 2 Traffic Assignment
.
(
; ~ ,~1, _
~ ;
_ ~ -
. . _
~ . ~
. i " ; 3~ ~ t~. 4 ii
S~T'E i ` . cti ` ~ .
~ . tiiV
~ r , e ~
~ - l
~ 1 ~ ~ ~ ' ' ~ _ i e . i- .
""'°'°'T~~.C;~----~Y~ ~L".Ora~ga ALa..-=..- ~~'v~ 3'C N..=,.:.; ,.~.:'ti ~
I 1` } 3
: .
~ jj i : ~a
„
~ ; ;
~ t, e
~ F
-._._._w ~ I ~~Ic ~ J~,
. ~
i ~ ~ ~ r ~
6 ~ . ~
' ~ € ,.,x ~ ~ , ~
~ I' ~ ~a_
, ,
~ f ~.._.~.~I iI o,~~e~~
, ~ , -
- I Fj ~
r,
I ; ~ ~ "5 r _ t
I i . ~~y., . _ . , 1:
0
~
i( .
~
Rd ~ ~ e Pd;,-- >i~AU 'Fto__r_'~'_
_
~ - F I ~ ='~':5~, ,
~ ~ ~
:S k , _
-
~ti.-..~ ~ . , . .
7o- . ~ ~ .
; ~
s ~ ~ E ~ ~
; ~x;_
t-_.~ ;
_ r.,
~ •
V"
\
~
~
V
041223004 Page 6
? ~ ~ Kimiey-Hom
~ and Associates,inc.
DISTRIBUTIONAND ASSIG~'~rMENT
Extemal traffic was distributed to the adjacent roadways in the vicinity of the
~ proposed project based on travel time charactenstics and location of potential
customers as provided by the applicant. The traffic assignments for this project are
illustrated in Figure 2.
Using these distnbution petcentages, project traffic volumes were assigned to the
roadway network serving the subject site. B ased on the development threshold in the
St. Lucie County Code, the base transportation impact study area is determined to be
a11 the collectors, major arterials, and minor arterials within 2 miles of the site.
041223004
Page 5
? ~ ? Kimiey-Horn
~ and Associates, Inc.
TABLEI
MCZ/CENTRUM MWING OPERATION
I'RIP GENERATION
Land Use Daily AM Peak Ho~r PM Peak Hour
Tri s Total Iu OuL Total In Out
Rooosed Site 7raffic Employees*
Miuing Operation ~5 270 38 27 17 44 1S 29
Truck TrafTic
539 ],078 708 54 54 108 54 Sa
Ne~ New Ex~ernn: Traffic 1,288 I46 81 65 15~ 69 83
'Indudcs 6G aipz ner day from deli~cries
Notc Tripgenerationwascalcula[edusing[hefo!lowl~gdata-
Daily Traffic Generafioo
Warehousing T= 2 vips per einployce
Tru~k Traffic Proposed = 539 t.rucks/day
AM Peak Hour Traffic Generatio?
W xrehousing (ITE 150) T= 0.51 pe; empleyee (7296 in, 28Y6 out)
Truck Traffic Proposed = 5? wcks iii, 54 wcks out (approximately 10~?0 of daily Wck [raff~c)
PM Peak Hour Trafic Generetioo
Warchousing ('.TE 150; T= 0.59 per employce (35 Yo in, 65°6 out)
TruckTraffic Proposed = 54 trucks in, 54 wcks out (approximamly 10 % of dai)y suck [taffic)
~ ~:~DGI~04f123~4~r~czrn~riingi~o~N~~r~/i~in~i~gi~ewcolr~lor~oi,.ssl>Jrripqei~(1J ~I.~,"~
c~
~ and Associates, Inc.
02007, Xiinley-Honi ondAS~acioies, Inc.
047223004 Page 4
Kimley-Horn
~ and Associates, Inc
_ _ _ . . _ -
TRAFFIC GEl~'ERATION
The trip generation potential for the project was calculated using rates contained in
the Institute of Transportation Engineers Report Trip Generation, Seventh Edition.
The ITE Code for W arehousing Land USE (ITE 150) was utilized in the calculation
of peak hour traffic generation for the projected number of employees.
In addition to the employee trip generation> it is anticipated that truck traffic will be
accessing the site throughout the day. A proje.ction of daily and peak hour truck trips
were included in the calculation of project site traffic (with operation time for
equipment dowr,/repair time included in projection). The daily operation daCa are
summarized as follow, as provided to Kimley-Hom and Associates, Inc. by the.
applicant:
Truck Traffic: 539 trucks / day
2 tnps per truck
1;0?8 trucks trips per day
108 truck trips/hour
Employee Traffic: 75 employees
~ 30 deliveries per day
2 daily trips per employee and delivery
210 tripsJday
It is estimated that the proposed mining operation has a potential to generate 1,288
new daily tnps, 146 (81 inbound; 65 outbound) a.m. peak hour trips and 152 (69
inbound, S3 outbound) p.m. peak hour trips. Trip generation calculation for the
proposed project is summarized in Table 1.
041223004 Page 3
a~? Kimley-Horn
~ and Associafes, Inc.
_ _ _ _ . _ _
-
Figure 1- Site Location Map
, . .w~..~ A {
_ a_..,..._. i _.__-.n.:m.n_...~.~~e t * c~~
SI7'E ~ ! ? . _
~ ` :
{ ~ ~ ~ a` ~ ;
a
I: i , ; '*V'`
,
~ t _~~L....
. ;
t~_.,-------,. . of~,ae n~ T-. , _ j
` T'
; ~ ,
;i ; ~ i ~ ' ~ ;s
~ i ,
~
~ } 1 i:~ ~.i
i~
i. ~ ; 1 ~ ~[t
d..,.~.._ . ~ 1 SI i. ~ ~
! ~ jf~..
~ hr 1 n^5 fa":'
t 5
--c^
p ? ~ i
~ : ` S
r E
~ . Y`
~ ~ ( . • ~ !
~I , ~ i i~a - t
i m ~ ~ ~,opce..
- t s~.~
. _
~K .~I . . ~ i ~ T~ 3
I `
' . I . ~ ~Y
~ . -F~ f- .
I~I ' ' T~~~'± - t-- . ef`
~ ~ ~
~ Ra , ~ ~ ftd *l~~ -._.~V1Fti+k~Ney Rd -
~r~~=;-, 70 ~ i # i _ ~ ~
f t <j t ia _ ' ,
~ _ _ x:;
041223004 Page 2
K~mley-Hom
~ and Associates, Inc.
- -
INTRODUCTION
A mining operation site is proposed on the north side of Orange Avenue west of
Sneed Road in unincorporated St. Lucie County, Florida. The mining operation is
expected to occur over a fifteen-_year timeframe. Figure 1 shows [he location of the
subject site. Access to the site is proposed via one fu11 access driveway on Orange
:~venue
04122300? Page 1
Kimley-Horn
~ and Associates,lnc.
TABLE OF CONTENTS___ _
SECTION PAGE
.
IIvTRODUCTION_ _ _ _1
TRAFFIC GENERATION _ . . . . . _ . 3
DISTRIBUTION AND ASSIGN?v1ENT......._ . . ..........5
BACKGROLTND TRAFFIC . .........7
CAPACITY ANALYSIS . . . . 8
SITEACCESS... . il
CONCLUSION. . . . . . 13
APPEI~~IX._. . ...following 13
LIST OF FIGURES
Fi~ure # Title Pa~e
1 Site Location Map ........................................................................2
2 Traffic Assignment 6
3 Driveway Volumes
1
LIST OF TABLES
Table # Title Pa~e
1 Tnp Generation ................_........_..........4
2 Daily Link Analysis _ _ 9
3 Peak Hour Directional Link Analysis _.......10
041223004 Pagei
a=~ Kimiey-Horn
and Associates, Inc.
TRAFFIC IMPACT STUDY
MCZ / CENTRUM MINING OPERATION
ST. LUCIE COUNTY, FLORIDA
Prepared for.
MCZ/Centrum Citrus Farms, LLC
041223004
February 2C~08
OO Kunley-Hom and Associates, Inc.
LA 00000696 _~,t~°`'-~'.~
]052] SW village Center Dnve, 5uite 103
P-vrt 3t Lucie, Flonda 34987 _ _
'772/345-38~D TEL ~ ~ ~
7~2/286-01"s8FAX +~G~ z=1~`7'~v~?~
j ~n a s~n, P.E.
Florida Registration Num'~er 56799
0
0
v
xt
a ? o ~ -
rn
m ~
d m > m
LL C N C ~ J
N ~ y~ ~ ^ ~ CD u-
~ ~ ~ Q p .D C
a
a ~ r~ M Q~~
vi~~ y~ y0 a
~°o}-s soa
~ u ~ u o ~
C~~ G N~ N LL
J O
C ~
O ~
~ ~ n
~t7 •i O
O 0 m
~ ~ u
Q ~ C
= ` LL p -J ,--1
~ ~ ~ V N LL (vl
C•~ t7.1 ~ a-i v lD
t/) ~ } ~ x ~-i
a7
~°oH E`~a~
Q a LL ~
v ~o
"1 ~"i
~
a
Y -
- m ~ 3 0
o ~r, rn
~ m oo ~n
,i ~ n' a
d N tD O 1~
t0 ~
~ N
V ^ N ~
~ ~ I~ l.J ~
N
~ rn = C u
~ 1~ ~ Q1 C
m ~ > ~ v
m v~ u
~ O Q
O ~ Z `n ~ N tv ~
C ~ LL t' CJ
= v~ `m ~ y a t- s
v~i Q~' yu., 0 t ~
O L
Q~ ~ ~ O ~ a O m
v a~i a~ oo a ~ o 0
~ ~ ~ a N LL ~ ~ >
m ~n ^
~ ti ti
u ~ O
~ ~ c vi ui
C O 3 ON N N
3 ~ ° ~ ~
m----~-~---- ~ -
~ 00 3 ~ m m rn ~ m
0) ~V ~ m ~ N w cti N v
.p ~ ('rl J ~ ~ rn C M ~ Q rn
E s ~ m ~ 3' a~ a~ v LL m v~
3 o v~' a~i Q a~i Q ~ c~
~ s s Q
` Q N O O ~-X .p tuo ~ Y cUC ro ~
~ 0 ~ CO t0
i v~ ~ ` CD ~ l7 00 N V` 00 N ~ ~ Q1
a~ rv ~ ~ c ~ ~ rn m ~ rn m rv t,n a
c E r„ a ~ p ~ in ~ ~r, p u~, p .C o
~ O O~ ~ O ~ ~ 1~ ~ ~ 1~ L U O~
a E- u~. > v~ ~ U l7 ~ > t7 ~ > ~ rv ~
00 00
r n
o ~ o r n~
c "°~3 ° m ~ C° n °rn
m ~o N
~ Y m~ N~ ~ o ~ o N
~ ~n rv v d'a c d c a`~ a~
~ ~ oc s ~ ? ~ ~ > ~o > ~
~ ~ ~ N m ~ ~ m ~ ~ ~ ~ ~
o~ t= d s c"~ d3 ~ ay ~ " m
-0 G1 ~ Lt1 J L ~ f9 ~ ~ LL ^ ~ ~ ~ ~ ~ ~ C O J ~
y C `J ~ u- ~ ~ d d 2 in u"1 > > ~ > ~ ~ V 01 u' N
~ rri o0 ~ ' ~ O O Q N O Q t~ c N M
~ ~ ~ X ~ ~ 0 ~ ~ ~ ~ X 'a oo ~ ~ ~ ~ ~ ~ z X ~ ~n
~ ~ ~
a o~ m a v ~ v n~i O~`n r n=i ~n m o v u~ m p E m a v
O O~ 3 u1 y~ O.- ~n a~ t~ N y r~ N~ N
ro ~ p n ra O N 0 O O O O ~ N O J N~ O t~
a 3= d~ r~ m ~n ~ c~ u~, u m ~ N LL v~ r.i u_ ~ Q a u. ~
1~ 00 rn O .-1 N
~-i ei
` O
a a ~ c
C ~
# L
3 ~ ~ j~ m
O ? > ~ ~ ~ c
p` o a, ~ c~ ~~t M
y ~o ~ ~ v ~n ~ rn
o>- m - m ? m I- r''~
c v-~ s c v m O0 " ~Ji.
~ ~ o `o ,°1 LL Y " ° °n ` ~ ~
J J QJ
o c c • s
` ~ ~ U C ~ a u o~f ~ ~ ,c ~ 7 ~
~ v~ ~ v, p a~ N ~ J O~ O
y ~u ~ ~ o ~ ~o ~ a ~ ,1 ~ Q ~ N ~ 3
t'' ~ u ~ 00 ~ E O O i d ~ N O
(0 ~0 O N O t9 L N O ~ N
a>~ ~~~~n F- ~ oo a ~~n ~
~ O a
p~ V C J u~ 7
O
v ~ ~ ~
C
u•~ r~ ~ o`no N u~i to rn a- ~
Y J
~ v~ ~ p u m ~ ~ ~ m rn
~ a m~ ~ t~- ~ `r' > ~ o~o ~ oo ~ N 'J °O `l ~ ~ ~ ~ m
ni Q1 a~i ° v-" J J m c- v'.'- m ~ o'1 r~ ai a;g rn
~ oo LL~n m oo W u~ .-i E oo - t N
~ ~ a ~n ~ N ~ ~ n ~ - ~
O T V1 ri ~C C ~ ~ N ~ C x ~.-i ~ X ~ e-1 iL ~ OD U~ O~
~ i~ r~ ~v fD ~ V u"~ p ~ tD ~ ~ tD ~ Y N d N~~D
d C V h ~ ~ y,, f~ "O [O d ~ CD d a ~ N N~~~ Ql
a~' ao ~ a~ o> >c ~ o~ m p~ fl~ rv ~ N=~t 'C ni m Y.~+
~ ro N o m m -D o ~ o n ~o o n~ N o r~ o u~ ~
a>.-~ LL N N~ Q r~ a oo ~ 2 c~ r~ > a LL r 0 0o a r~ ~~n ~~n
.i N M d' tl1 t0
~j _ _
- -
' !Lf/'(J i~-~~~~s'~~~_- .l~%~/_~'J~!! _~%V .
_ . _ c--- ~ - _ _ _
~ , _ _
~ =z-~.e..~___ _ _ _ .
_ _ _ ~ _ _ ~
- - _ ,
_ d~ _ _
~ _ - - _ _ . - .
~ . b~~~~~~_
. .
G~'Y~' _~°,~~!~e~~~._ - -
eC' ~~tC~~S_ ~c~ _ _ -
~ _ - -
~~-1 ~--s - - -
_ ~ - - - -
~ - -
~ L o I
~ioal~ _ _ _ ' ' - ' ' _ ' _ - I
- - -1 ~
~
- - - - -
_ - , +
- - - - - - - ;
_ _ - - _ I .
-
-
- - - - - . -
,
~ r~~~ ~ ~ ~ - _ _
. . ~ . . . _ _ . _ _ _ ' ~'S _ ~
: ~ ~
Peter Harrison
Mike Adams Adams Ranch
lacob Adams Adams Ranch
Daniel Scott Wescott Groves ~neighbor but not direct)
Mark Hornbuckle On behalf of Owner
Rick Reikenis East Bay
Maureen Brennan MCZ Centrum Citrus Farm LLC
Paul Ezzo EW Consultants
1effJohnson St Lucie County
Submitted:
Rick Reikenis r~~
! , i
~ I
,
~ ~ ~ ~ .
~ I
I `i`_"~~
~ l;~ ~`'~l
Meetin~ Minutes
nio~~tit,,,{~nn°°,,,
+~e~€~~r~~di~-io~allolse---and~/liair-?~P~rmix-P-eSilinc~__--
April 22, 2010
The meeting was held on site and was set up to give the neighbors a chance to review the mining plan
for the MCZ Centrum Citrus Farms, LLC parcel and voice any concems. Mr. Reikenis from East Bay sent
out invitations to all of the neighbors that border the property {17 parcels). These 17 parceis total over
2,250 in acreage and many owners present had additional parcels adjacent to those that border the
prospective mining site.
Below is a list of those neighbors that signed in as attending the meeting along with the
consuftants/staff ihat were in atiendance (attached is sign in sheet). The meeting began with Mr. Jeff
Johnson from the County explaining that the "Conditional Use Permit Application" with the plan would
be before the Planning and Zoning Board public meeting in June. He then expected both the
"Conditional Use and Mining Permit to be before the Board of County Commissioners in July.
Rick Reikenis then gave a brief overview of the petition, confirming that water modeling and cell design
were done in order to minimize or eiiminate off-site drawdown of groundwater, and as a matter of fact,
we had pulled back the northern cells to make s~re there is no impact to the area north of the Turnpike.
The petitioner has agreed to no blasting, use of electric pumps, contribution to intersection
imprflvements at ~range Ave. and Kings Highway, and construction of turnlanes at the project entrance.
Further, the setbacks for the mining operation from the property fine was well in excess of county
requirements. There will be berming and landscaping along the property lines.
The main questions from the owners dealt with understanding of traffic impact and water draw downs
on the parcel. There was one question presented to Mr. Johnson on the effect of getting additional
mines approved if this mine was approved. Mr.lohnson stated that if this mine was approved it does
not necessarily mean that other mines will not be approved by the County.
Mr. Reikenis had the plans available and went over with individuals with questions. It appeared that the
neighbors had their questions and concerns addressed to their satisfaction. Mr. Johnson suggested that
if they have any questions feel free to call him.
In addition to the sign-in sheet, attached is a copy of the property appraisers map showing the
properties around the project.
Name Corporation
W.R. Daniels
Robert J Johnson Woodland Investors LLC
David Varn Varn Land Enterprises
S Brown BDG St Lucie Minute Maid LLC
Barney Greene Greene Grove
Harriet Greene Greene Grove
Charles Hamner Greene Grove
C . _
~ Development Review Committee
.n~ _
° Site Plan Sign-4ff Sheet
Site Plan Name: MCZ/Centrum Citrus Farms
Site Plan Number: CU-220081426
Division: Saint Lucie County Fire District
DRC Member: Captain Derek Fo~oc
Phone 772~21-3322
Review Date: 04/01 /2008 & 07/08l2008 & 10/03/2008 & 10/20/2008 8 03/29/2010
I have reviewed the above referenced site plan and determined the following:
Site Plan Approved ~
The Following Revisions Are Necessary:
~'L
Ll~ :
l^ ~z Development Review Committee
S ign-Off ~lote
Conditional Use Permit
Project Name: MCZ 1200 Acre Parcel
Site Plan Number: CU 220081426
Project Managers: Jeffre~ Johnson
Review Date: May 6, 20'i0
* Any departments not present to vote, must certify in writing by e-mail.
Department or Division eviewer bsent pproved pproved enied
ith
onditions
Planning and Dev. Services effrey Johnson X
Zoning ie Saunders X
Road and Bridge ebra Spivey X
Mosquito Control im David X
Airport Department Todd Gox X
Health Department ames Moses ~
Property Acquisitions hristine Moller X
Engineering (Stonnwater) ~ e Halter X
County Surveyor on Harris X
Parks and Recreation k DiMascio X
Environmental Resources vette Alger X
Sherriff ~chael Monahan NIA
Community Services Qrine Wiliiams N/A
School Board arty Sanders Nf~
Traffic ~chael Brillhart X
Engineering ~ke Powley X
Fire District erek Foa~ X
St. Lucie County Utilities y Murankus X
1 St. Lucie County
2 Planning and Zoning Commission/ Local Planning Agency
3 Roger Poitras Annex, Commission Chambers, 3~d Floor
4 June 17, 2010 Meeting
5 6:00 p.m.
6 In the event of a conflict between these written minutes and a compact disc recording,
7 the compact disc shall control.
8
9 I. CALL TO ORDER
10 Chairman Mundt called the meeting to order at 6:05 p.m.
11 A. Pledge of Allegiance
12 B. Roll Call
13 Craig Mundt Chairman
14 Britt Reynolds Vice-Chairman
15 Pamela Hammer Commission Member
16 Edward Lounds Commission Member
17 Stephanie Morgan Commission Member
18 Tod Mowery Commission Member
19 Brad Culverhouse (arrived at 6:40).. Commission Member
20 Susan Caron Commission Member
21
22 Members Absent
23 Barry Schrader Commission Member
24 Kathryn Hensley Ex-Officio Member
25
26 Staff Present
27 Heather Young Assistant County Attorney
28 Mark Satterlee Planning and Development Services Director
29 Michael Brillhart Business and Concurrency Manager
30 Kristin Tetsworth Senior Planner
31 Diana Waite Senior Planner
32 Jeff Johnson Senior Planner
33 Michael Powley County Engineer
34 Yvette Alger Senior Environmental Planner
35 Michelle Hylton Recording Secretary
36
37 C. Announcements
Page 2 of 11
38 None.
39 D. Disclosures
40 Mr. Lounds disclosed that he had a discussion with a consultant on the Waterway Resources
41 item. Mr. Reynolds, Ms. Morgan, and Mr. Mowery all disclosed the same.
42 Ms. Young stated the Commission was provided with copies of the Voting Conflict Memoranda
43 for Mrs. Hammer and Ms. Caron from the previous meeting.
44 Mr. Mundt disclosed he also spoke with the engineer from MCZ Centrum Citrus Farms and
45 with the agent for Johnson and Johnson Citrus. He stated he met with staff regarding all the
46 items on the agenda.
47 II. MINUTES
48 Review the minutes from the May 20, 2010 meeting for approval.
49 Ms. Hammer noted her corrections to the minutes.
50 Mrs. Hammer moved to approve of the minutes as amended.
51 Mr. Mowery seconded. The motion carried 7-0.
52 Mr. Satterlee stated there are two public hearings regarding mines, one of which will be
53 requesting a continuance. He stated there has been a lot of recent public input and Waterway
54 Resources would ~ike to take more time to talk to the public, but may benefit from the public
55 input during the public hearing for MCZ Centrum Citrus Farms.
56 III. PUBLIC HEARINGS
57 A. Juan Venegas Rezoning: RZ 10220094025 continued from May 20, 2010
58 meeting
59 Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS - 3
60 (Residential, Single - Family - 3 du/acre) Zoning District to the AR - 1(Agricultural,
61 Residential - 1 du/acre) Zoning District. Staff comments and presentation by Kristin
62 Tetsworth.
63 Ms. Tetsworth presented the petition.
64 Mr. Mowery asked whether the horses would be reviewed as a stable or an accessory use.
65 Ms. Tetsworth stated the applicant would be building a single family home and move the
66 existing barn to be within the area it needs to be.
67 Chairman Mundt opened the public hearing.
Planning and Zoning Commission June 17, 2010
Minutes
Page 3 of 11
68 No one spoke.
69 Chairman Mundt closed the public hearing.
70 Ms. Caron stated her concern that the applicant is doing what staff wants him to rather than
71 what he wants, and asked if there was a more appropriate zoning that he could have without
72 building a home on the property.
73 Ms. Tetsworth stated the future land use requires the use to be residential and staff feels
74 confident that this is the best recommendation for all parties.
75 Mrs. Hammer stated her concern that the applicant will want to run a landscaping business
76 from the property, which will not be fair to the adjoining property owners.
77 Ms. Tetsworth stated the landscaping business would be a Conditional Use that the applicant
78 would have to come back before the Commission and the Board of County Commissioners to
79 request that use.
80 Mr. Mundt stated he brought those issues up earlier in the week.
81 Mr. Mowery stated everyone had the same concerns but he feels staff has worked diligently
82 with the applicant and he is still willing to go forward.
83 Mr. Mowery made the motion:
84 After considering the testimony presented during the public hearing, including
85 staff comments, and the standards of review as set forth in Section 11.06.03, St.
86 Lucie County Land Development Code, I hereby move that the Planning and
87 Zoning Commission recommend that the St. Lucie County Board of County
88 Commissioners adopt a resolution granting approval to the application of
89 Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning
90 from the RS-3 (Residential, Single Family - 3 du/ Acre) Zoning District to the AR-1
91 (Agricultural, Residential - 1 du / Acre) Zoning District , because the petition is
92 consistent with the County's Comprehensive Plan, compatible with the existing
93 and proposed land uses, and the site is capable of handling the impacts of the
94 proposed zoning uses.
95 Ms. Caron seconded. The motion carried 7-0.
96 B. Lucie Rock, LLC: RZ 120104035
97 Petition of Lucie Rock, LLC for an amendment to the Official Zoning Atlas from the AG -
98 1(Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District.
99 Staff comments and presentation by Diana Waite.
P/anning and Zoning Commission June 17, 2010
Minutes
Page 4 of 11
100 Ms. Waite presented the petition.
101 Mrs. Hammer asked what the buffering distance would be between the property and the
102 nearest residential unit.
103 Ms. Waite stated there are 147 feet of rights of way befinreen this parcel and the expired
104 Sunnyland Farms PUD, and the Palm Breezes PUD to the west will be buffered by stormwater
105 treatment along with a buffer and a berm.
106 Lee Dobbins, of the law firm Dean Meade, representing the applicant, stated of the 94
107 contiguous acres Lucie Rock owns, 77 acres were already rezoned to IL and IH in 2007 so this
108 parcel would be an addition. He also addressed the buffering.
109 Chairman Mundt opened the public hearing.
110 No one spoke.
111 Chairman Mundt closed the public hearing.
112 Mr. Mowery made the motion:
113 After Considering the testimony presented during the public hearing, including
114 staff comments, and the Standards of Review as set forth in Section 11.06.03, St.
115 Lucie County Land Development Code, I hereby move that the Planning and
116 Zoning Commission recommend that the St. Lucie County Board of County
117 Commissioners grant approval to the application of Lucie Rock, LLC for a change
118 in zoning from the AG-1 (Agricultural - 1) Zoning District to the IL (Industrial,
119 Light) Zoning District, because the petition is consistent with the County's Comp
120 Plan, it is compatible with the existing and proposed land uses, the site is
121 capable of handling the impacts of the proposed zoning uses, and it increases
122 the acres available for employment centers and economic development
123 opportunities.
124 Mr. Lounds seconded. The motion carried 7-0.
125 C. William Shane Bland: RZ 220104036
126 Petition of William Shane Bland for an amendment to the Official Zoning Atlas from the
127 CO (Commercial Office) Zoning District to the CG (Commercial General) Zoning District.
128 Staff comments and presentation by Jeffrey Johnson.
129 Mr. Johnson presented the petition.
130 Mr. Lounds asked whether there was a grandfather clause that would apply since the applicant
131 has been operating his business for 20 years.
P/anning and Zoning Commission June 17, 2010
Minutes
Page 5 of 11
132 Mr. Johnson stated there was not.
133 Mr. Mowery expressed concerns about the improvements and existing structures on the
134 parcel.
135 Mr. Johnson explained improvements would be required and the issues would be cleared up
136 during the site plan review process.
137 (Mr. Culverhouse joined the Commission)
138 Chairman Mundt opened the public hearing.
139 No one spoke.
140 Chairman Mundt closed the public hearing.
141 Ms. Caron made the motion:
142 After considering the testimony presented during the public hearing, including
143 staff comments, and the Standards of Review as set forth in Section 11.06.03, St.
144 Lucie County Land Development Code, I hereby move that the Planning and
145 Zoning Commission recommend that the St. Lucie County Board of County
146 Commissioners adopt a resolution granting approval to the application of
147 William S. Bland for an amendment to the Official Zoning Atlas to change the
148 zoning from the CO, Commercial Office Zoning District to the CG, Commercial
149 General Zoning District, because it is compatible with the Commercial land use
150 designation and complies with the Standards of Review in Section 11.09.02 none
151 too soon.
152 Mrs. Hammer seconded. The motion carried 8-0.
153 D. MCZ/ Centrum Citrus Farms: CU 220081426
154 Petition of MCZ/Centrum Citrus Farms for a Conditional Use Permit to allow a mining
155 operation (Sand and Coquina Rock) in the AG - 5(Agricultural 1 du/5 acre) Zoning
156 District. Staff comments and presentation by Jeffrey Johnson.
157 Mr. Johnson presented the petition.
158 Mr. Mowery asked about the hours of operation as they differ from the other mining
159 application.
160 Mr. Reynolds expressed concerns about the requirements for truck traffic and the fact that
161 Orange Avenue is not capable of conducting that traffic.
Planning and Zoning Commission June 17, 2010
Minutes
Page 6 of 11
162 Mr. Lounds asked whether the County could impose restrictions on the route.
163 Mr. Johnson stated they could.
164 Mrs. Hammer asked where the material from the mine would be going.
165 Mr. Johnson stated it would be for roadway projects.
166 Mrs. Hammer stated the proposed buffer does not seem sufficient for the size of the project,
167 and expressed concern of the length of the approval for the project.
168 The Commission expressed more concerns about the traffic, noise, and the buffer.
169 Rick Reikenis, representing the applicant, stated they would be asking for a 30-day
170 postponement, but provided clarifications for the Commission about the pumps that would be
171 used on the project, the traffic implications, where the material would go, and other concerns
172 they have discussed with staff.
173 Mrs. Hammer suggested the applicant get the contact information from the public present that
174 have concerns about the petition, but thinks 60 days would be more realistic.
175 Mr. Johnson agreed.
176 The Commission discussed the turn lanes on Orange Avenue, vegetation on the berm, the
177 height of the berm, and the buffer with Mr. Reikenis and Mr. Currie.
178 Ms. Alger explained the County's requirements and procedures regarding the vegetation.
179 Mr. Mundt asked if a fee toward road maintenance was considered.
180 Mr. Reikenis stated the applicant has discussed that with County Engineering.
181 Ms. Caron stated the traffic report is from 2008, and the intersection of Orange Avenue and
182 Kings Highway is at service level F.
183 Mr. Reikenis stated the applicant would be paying over $230,000 towards the improvements of
184 that intersection, but he stated after the discussions with staff and the public the traffic may be
185 sent in another direction.
186 Ms. Caron requested an updated traffic generation report at the next public hearing. She
187 stated the vegetation issue should be addressed before moving forward.
188 Mr. Reynolds asked if there were any plans for road improvement on Orange Avenue.
189 Mr. Reikenis stated that is one of the reasons they are talking to the residents, and there was a
190 suggestion to add a condition for the project not to use Orange Avenue.
P/anning and Zoning Commission June 17, 2010
Minutes
Page 7 of 11
191 Mr. Reynolds stated the mine cannot control the individual drivers, so it is not a guarantee that
192 they would go to Shinn Road.
193 Mr. Reikenis stated there would be contracts for whoever will come to get material from the
194 mine, and there will be directions in the contract. He said if the penalties are stiff enough it
195 might not happen.
196 Mr. Satterlee stated since this is a conditional use, this could be a condition of approval, and
197 the Board of County Commissioners could enforce it.
198 Mr. Lounds stated there is little enforcement on Orange Avenue because it is a hazard for
199 anyone to pull over in that area, and reiterated his suggestion to use Sneed Road for access.
200 Mr. Satterlee stated they would need to evaluate whether Sneed Road could handle the traffic
201 and culverts.
202 Mrs. Hammer asked the applicant if he would voluntarily ask for the 60-day continuance.
203 Mr. Reikenis stated he thinks they would be ready in July.
204 Mrs. Hammer suggested the applicant reconsider since staff suggested August. She also told
205 the applicant he could get contact information from the public in attendance during the break.
206 Mr. Mundt stated he would like to get through the proceedings before they determine whether
207 it would be 30 or 60 days.
208 Mr. Satterlee stated August would be more appropriate, and stated there is a sign-in sheet so
209 the applicants can contact the parties that showed up this evening.
210 Ms. Caron stated the standard previously set for hours of operation was 7 a.m. to 5 p.m., and
211 suggested that may be more palatable for this project.
212 Mr. Reikenis stated 7-5 for truck tra~c is fine.
213 Mr. Lounds stated there are not many people in the area and 7-5 would be good for truck
214 traffic, and asked if there would be activity between 6 a.m. and 6 p.m.
215 Mr. Reikenis stated there would be internal operations during those hours.
216 Mr. Mundt asked if there would be traffic that would leave after 6 o'clock in the evening,
217 because he is concerned about the number of trips.
218 Mr. Reikenis stated there might be employee traffic during that time, but the residents asked
219 them to limit the truck traffic to 7-5.
220 Mr. Lounds asked if Mr. Powley could address traffic issues.
P/anning and Zoning Commission June 17, 2010
Minutes
Page 8 of 11
221 Mr. Lounds stated his concerns regarding the intersection of the haul road, and the turn lanes
222 on Orange Avenue. He asked how the lengths are determined.
223 Mr. Powley stated the County uses FDOT standards, and explained how they anticipate the
224 lengths of the cues using those standards.
225 Mr. Lounds expressed more of his concerns regarding the traffic, and the berm. He asked how
226 many loads of coquina rock it would take to lay a mile of road.
227 Mr. Powley stated approximately 300 to 350 truckloads assuming an 18-yard roadbed for 34
228 feet of asphalt a mile long.
229 Chairman Mundt called a 10-minute recess.
230 Mr. Mundt asked the public if they plan to make comments on Waterway Resources, please
231 say they feel similarly inclined about the other application so they do not have to come back
232 up.
233 Chairman Mundt opened the public hearing.
234 Patricia Scott, a Morningside resident, expressed her concerns regarding the noise, traffic and
235 safety on Orange Avenue, and the devaluation of her property.
236 Mike Burney, a Morningside resident, expressed his concern about the roads in the area, and
237 the lack of bus stops for schoolchildren. Mr. Burney stated Sneed Road is just as dangerous
238 as Orange Avenue.
239 Marc Casalino, a Casalino Road resident, listed the concerns of his family: safety for all that
240 travel on County Road 68, reduction in property values, being dewatered, the 20-year duration,
241 and noise and dust issues. Mr. Casalino stated Stark Ranch is already approved and is mining
242 sand and coquina rock.
243 George Mabry, an Orange Avenue resident, stated his concerns regarding traffic, and the
244 impacts of noise and dust.
245 Julie Staton, an Orange Avenue resident, expressed her concerns about the traffic, the
246 condition of Orange Avenue, and standing water after storms on the road. Ms. Staton
247 addressed the number of school bus stops on Orange Avenue. Ms. Staton is concerned there
248 will be no enforcement if the mine is directed to use an alternate route.
249 Crystal Lewis, an Orange Avenue resident, agreed with Ms. Staton's comments. She stated
250 the penalties would have to be stiff enough to encourage the drivers to follow the guidelines.
251 Matt Borkowski, an Orange Avenue resident, stated it is a safety issue, and Orange Avenue is
252 under maintained. Mr. Borkowski said the projects fall in the area of the Western Lands Study,
Planning and Zoning Commission June 17, 2010
Minutes
Page 9 of 11
253 where they are trying to maintain the environment of western St. Lucie County. He stated he
254 believes it has been overlooked that Orange Avenue east of Sneed Road is highly residential.
255 He stated Orange Avenue is inadequate to support the loaded trucks. He expressed his
256 concern of the amount the project would donate to the improvements, and the width of the turn
257 lanes.
258 Jonathan Schopp, an Orange Avenue business owner, expressed his concerns regarding the
259 accountability of the individual drivers, and the turn lanes.
260 Michael Moore, a Sneed Road resident, stated Sneed Road is just as bad a choice as Orange
261 Avenue. He stated he does not believe the culverts can handle the weight. Mr. Moore was also
262 concerned with the waste of water and the level of the water table. He also stated coquina
263 causes cancer.
264 Amanda Casalino, a Casalino Road resident, expressed her concerns about the devaluation of
265 property.
266 Chairman Mundt closed the public hearing.
267 Mr. Lounds asked if the Stark Ranch mine is still active.
268 Mr. Satterlee stated he would have to check on it.
269 Mr. Powley stated the D'Albora mine has not been active but still has 18 years left on its
270 approval.
271 Mr. Lounds reiterated his concern of the length of the turn lanes, and asked if there are any
272 more improvements to be done on Orange Avenue.
273 Mr. Powley stated the turn lanes are not at an Engineering level design and may be different
274 by the end of the project. He explained the ongoing work on Orange Avenue, but stated the
275 Road and Bridge Division is overseeing the maintenance activities.
276 The Commission continued to discuss road designs in relation to the weight of the trucks with
277 Mr. Powley.
278 With no further discussion from the Commission, Chairman Mundt called for a motion.
279 Mr. Mowery made the motion to continue the item to August 19, 2010.
280 Mrs. Hammer seconded. The motion carried 8-0.
281 E. Waterway Resources: CU 720071268
P/anning and Zoning Commission June 17, 20~0
Minutes
Page 10 of 11
282 Petition of Johnson 8~ Johnson Citrus, Inc. for a Conditional Use Permit to allow for a
283 sand and rock mining operation in the AG - 5(Agricultural - 1 du/5 acre) Zoning
284 District. Staff comments and presentation by Kristin Tetsworth.
285 Ms. Tetsworth presented the petition, and stated the applicant wished to reschedule the
286 meeting to an undetermined date in the future.
287 Mr. Mundt asked Ms. Young whether the Commission could continue to a date indeterminate.
288 Ms. Young stated it can not be continued, but it can be rescheduled.
289 Tom Mitchell, one of the applicants for the project, stated they decided to continue the
290 application when they found out the residents had concerns, and would like to address them
291 but did not want to set a timetable.
292 Mr. Lounds stated he would like them to address the comments he made on the previous
293 apptication.
294 Mr. Reynolds, stated he does business with one of the applicants on the project, so he will
295 recuse himself from this application.
296 Mr. Reynolds recused himse/f from the Commission.
297 Chairman Mundt opened the public hearing.
298 No one spoke.
299 Chairman Mundt closed the public hearing.
300 Mr. Culverhouse made the motion to reschedule the item.
301 Ms. Caron seconded. The motion car~ied 7-0.
302 Mr. Reyno/ds rejoined the Commission.
303 F. Ordinance No. 10-014
304 Ordinance No. 10-014 - Proposed changes to Chapters 2, 5 and 11 of the Land
305 Development Code Relating to Transportation Impacts of New Development.
306 Michael Brillha~t presented the ordinance.
307 Mr. Mowery stated his concern that the consultants and local engineers did not know about
308 this item, and though the new thresholds are more stringent than Palm Beach County, the staff
309 report states the modifications that are being proposed are for methodologies that are used in
Planning and Zoning Commission June 17, 2010
Minutes
Page 11 of 11
310 many other urbanized areas. He stated he would prefer to hear from some of the consultants
311 before taking action on this item.
312 Mr. Brilthart stated there have been finro public workshops and they have modified the
313 ordinance based on the comments made at those workshops, but he does not think those
314 parties were notified of the public hearing.
315 Mr. Lounds asked if the overall flow of traffic would be considered when using peak period
316 numbers.
317 Mr. Brillhart stated DOT standards uses the worst-case scenario.
318 Mr. Lounds and Mr. Brillhart discussed how the time frame samples were selected.
319 Mr. Mundt asked if there was any way to communicate with the traffic engineering community.
320 Mr. Satterlee stated they could certainly contact the engineers and consultants and notify
321 them.
322 Mr. Mundt stated he thinks it would be fair to create additional opportunity for people to see the
323 end product. He asked Mr. Satterlee to get in touch with the community, and get comments,
324 then bring it back.
325 Mr. Satterlee stated he thinks he would like to move this to September to give them plenty of
326 time.
327 Mrs. Hammer made the motion to continue this item to September 16, 2010.
328 Mr. Culverhouse seconded. The motion carried 8-0.
329 IV. OTHER BUSINESS
330 A. Planning and Development Services Director Comments.
331 Mr. Satterlee stated that Robin Meyer and Dawn Milone, the team who was working on
332 Chapters 10, 11, and 12 of the Land Development Code, have been relocated to another
333 department, so he will be reassigning it to someone else in the department.
334 The Commission discussed recycling their agenda packages for the items that will come back.
335 Chairman Mundt stated unless there are significant changes, they should not be reproduced.
336 V. ADJOURN
337 There being no further business, the meeting adjourned at 9:30.
P/anning and Zoning Commission June 17, 2010
Minutes
ITEM NO. VII-B
~ - F~°"; ~dy~
~ _ ~ ~ { . DATE: 12R/10
~ AGENDA RE(~UEST REGULAR ~ )
s ` ~ '
~ _R~, ~
PUBLIC HEARING ( X )
LEG. ~ ~
QUASI-JD ~ )
CONSENT ~ )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Powley, P.E. 1:
SUBMITTED BY: Public Works/Engineering Division County Engineer j~
SUBJECT: MCZ/Centrum Citrus Farms Mine Permit Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: November 9, 2010 - Board approved permission to schedule a public hearing.
RECOMMENDATION: Board approval of the mining permit application for MCZ/Centrum Citrus Farms
mine subject to the approved plans and the General and Special Conditions.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED _ ~
OTHER Motion to continueto February 1, G-
2011 or as soon thereafter as Faye W. Outlaw, MPA
Poss~bie. County Administrator
Coordination/Siqnatures
i.
County Attorney ( x) Environmental ( x)
Daniel Mclntyre Resources Director Karen Smith
V~ . County Engineer ( x ) ~`¢1''
Originating Dept. ( x) Michael Powley
Don Id W est
Planning & Dev.
Services Dir. ( x )
Mark Satterlee
MCZ mine PH.ag
Engineering Division ` '
.~~y ' ~"~~l~ , ~~~~i-~?
3 <
.
' ' ' MEMORANDUM
~ _
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director~~~ -
FROM: Michael Powley, County Engineer
DATE: December 7, 2010
SUBJECT: MCZ/Centrum Citrus Farms Mine
ITEM NO. VII-B
Backqround:
The proposed MCZ/Centrum Citrus Farms mine is located on the north side of Orange Avenue
approximately nine miles west of Kings Highway. The proposed mine is situated inside of a 1200-
acre parcel on which no previous mining activity has previously been approved. Access to and
from the site will be via Orange Avenue to Kings Highway.
Orange Avenue is one of the most important east-west arterial routes in our County. As the name
implies, it serves the agricultural community as the farm-to-market roadway and is vitally important
to citrus growers and cattlemen alike. Use of the roadway by agriculture is primarily with large
trucks.
The County has long recognized the wear-and-tear endured by Orange Avenue from the elevated
percentage of large trucks in the traffic stream. Although the travel lane width meets the current
standard of 12 feet, one can still find indications that, albeit infrequently, the outside truck tires are
still leaving the roadway surface and are riding on the shoulder. Drop-offs can result if
maintenance is not performed promptly. The County has long requested assistance at both the
state and federal level but these requests have not yet borne fruit.
The applicant has offered to assist the County in its efforts to reconstruct Orange Avenue. They
are seeking a Class II mining permit to mine sand and rock, the very materials needed for
roadway reconstruction. The permit would be valid for 20 years.
They propose to develop the mine utilizing standard construction procedures and equipment, not
much different than those currently being implemented on other approved mines inside St. Lucie
County. Blasting has not been requested and is not permitted.
This mine will be constructed in the dry. After dewatering, the overburden will be scrapped off,
stock piled and processed. In a similar fashion the underlying rock will likewise be removed, stock
piled and processed. Trucks will enter the mine via Orange Avenue utilizing turn lanes
constructed by and specifically for the mine. Trucks leaving the mine are required to use the same
route.
~nginee~ing Division Memorandum
December 7, 2010
Agenda Item No. VII-B
Page 3
Four bonds will be required as security for this application. The first is the Pre-mining bond which
is intended to revegetate the land if vegetation removal occurs but mining does not. It is set in the
amount of $438,121. A Performance bond will also be held by St. Lucie County. It is intended to
rehabilitate the land upon completion of mining activities. It include 334 350 I A bond secur ng
equipment as well as revegetation of the lake and land. It is set at $7, ,
the soil and rock to be used in the reconstruction of Orange Avenue will also be required. It is set
in the amount of $1,210,000. Lastly, a bond will provide a fee-in-lieu-of construction for one-half of
the multi-purpose path to be situated on the south side of Orange Avenue. The amount will be
$83,219.
All of the General and Special Conditions are presented on the attached draft mining permit and
engineering plans (Attachme S the Env ~onmental ItResourcesvDepartment Compa ~on Report
applications. Also attached
(Attachment B).
Correspondence to all of the neighboring property owners within a one mile radius of the mine has
been sent advising of the proposed construction and tonight's Public Hearing (Attachment C) and
Notice has been advertised in the Fort Pierce Tribune (Attachment D).
Recommendation:
Board approval of the mining permit application for MCZ/Centrum Citrus Farms mine subject to
the approved ptans and the General and Special Conditions.
~
ATTACHMENT A MINING PERMIT
Pursuant and subject to the provisions of Sections 6.06.00 and 11.05.11 of the St. Lucie
County Land Development Code, a Class II Mining Permit is hereby issued to MCZ/Centrum
Citrus Farms, LLC, 8965 S.E. Bridge Road, Suite 207, Hobe Sound, Florida, to mine sand
and rock from the following described land in St. Lucie County, Florida.
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
PARCEL A
THE EAST 3/4 OF SEGTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST LESS AND EXCEPT
THEREFROM THAT PROPERTY CONVEYED TO THE FLORIDA STATE TURNPIKE AUTHORITY BY
WARRANTY DEED RECORDED IN O.R. BOOK 52, AT PAGE 92 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY FLORIDA AND LESS AND EXCEPT THEREFROM THAT PROPERTY CONVEYED
TO THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT BY WARRANTY DEED
RECORDED IN O.R. BOOK 56, AT PAGE 581 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA, AND THE EAST 3/4 OF SECTION 5, AND THAT PART OF THE EAST 3/4 OF THE NORTH
U2 LYING NORTH OF ORANGE AVENUE EXTENSION (STATE ROAD 68 A/K/A STATE ROAD 162)
OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST.
PARCEL B
ALL THAT PORTION OF THE WEST 1/4 OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 35 SOUTH,
RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND
IN USE, AND ALL OF THAT PORTION OF THE WEST 1/4 OF, LESS THE NORTH 1689 FEET
THEREOF OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE
CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND IN USE.
PARCEL C
ALL THAT PORTION OF THE NORTH 1689 FEET OF THE WEST 1/4 OF SECTION 5, TOWNSHIP 35
SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS
PRESENTLY MAINTAINED AND USED.
Containing 1219.4 Acres More or Less.
According to the mining plan on file in the County Engineer's office and approved b5~ the
Board of County Commissioners (BOCC) on December 7, 2010, this permit is subject to
Conditional Use Permit Resolution 10-102, paragraphs 1 through 11 of the General
Conditions of this Mining Permit and paragraphs 1 through 38 of the Special Conditions of
this Mining Permit.
GENERAL CONDITIONS:
1. The terms, conditions, requirements, limitations, and restrictions set forth herein are
"Permit Conditions" and as such are binding upon the permittee and enforceable. The
permittee is hereby placed on notice that the County will review this permit
Page 1 of 8
periodically and may initiate enfarcement action for any violation of the "Permit
Conditions" by the permittee, its agents, employees, servants, or representatives.
2. This Class II permit is valid for 20 years and only for the specific processes and
operations applied for and indicated in the approved drawings or exhibits. Any
unauthorized deviation from the approved drawings, exhibits, specifications, or
conditions of this permit may constitute grounds for revocation and enforcement
action by the County.
3. The issuance of this permit does not convey any vested rights or any exclusive
privileges. Nor does it authorize any injury to public or private property or any
invasion of personal rights, nor any infringement of federal, state, or local laws, or
regulations. This permit does not constitute a waiver of or approval of any other
County permit that may be required for other aspects of the total project which are not
addressed in the permit.
4. This permit conveys no title to land or water, does not constitute County recognition
or aclrnowledgement of title, and does not constitute authority for the use of
submerged lands unless herein provided and the necessary title or leasehold interests
have been obtained from the state.
5. This permit does not relieve the permittee from liability for harm or injury to human
health or welfare, animal, plant, or aquatic life, or property and penalties therefore
caused by the construction or operation of this permitted source, nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and County rules,
unless specifically authorized by an order from the County.
6. The permittee shall at all times properly operate and maintain the facilities (and
related appurtenances) that are installed or used by the permittee to achieve
compliance with the conditions of this permit. This provision includes the operation
of backup or auxiliary facilities or similar systems necessary to achieve compliance
with the conditions of the permit.
7. The permittee, by accepting this permit, specifically agrees to allow authorized
County personnel, upon presentation of credentials or other documents as may be
required by law, access to the premises, at reasonable times, where the permitted
activity is located or conducted for the purpose of:
a. Having access to and copying any records that must be kept under the
conditions of the permit;
b. Inspecting the facility, equipment practices, or operations regulated or
required under this permit; and
c. Sampling or monitoring any substances or parameters at any location
reasonably necessary to assure compliance with this permit.
Reasonable time may depend on the nature of the concern being investigated.
Page 2 of 8
8. If, for any reason, the permittee does not comply with or will be unable to comply
with any conditions or limitations specified in this permit, the permittee shall
immediately notify and provide the County with the following information.
a. A description of a case of non-compliance; and
b. The period of non-compliance, including exact dates and times; or, if not
corrected, the anticipated time the non-compliance is expected to continue,
and steps being taken to reduce, eliminate, and prevent recurrence of the non-
compliance.
c. Proof in a form acceptable to the County Engineer, as applicable, that all of
the appropriate regulatory agencies have been properly notified of the non-
compliance.
d. The permittee shall be responsible for any and all damages which may result
and may be subject to enforcement action by the County for penalties or
revocation of this permit.
9. This permit applies only to the land described in the permit and is transferable to a
purchaser of the land only upon County approvaL The permittee shall be liable for
any non-compliance of the permitted activity until the County approves the transfer.
No County approval shall be required for a lessee or licensee to operate the mine,
provided that title to the land is not conveyed.
10. All permits and addendums along with plans must remain on job site during the entire
~ period of construction or operation.
11. When requested by the County, the permittee shall, within a reasonable time, furnish
any information required by law which is needed to determine compliance with the
permit. If the permittee becomes aware that relevant facts were not submitted or were
~ incorrect in the permit application or in any report to the County, such facts or
information shall be submitted or corrected promptly.
~ SPECIAL CONDITIONS:
l. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
have obtained and provided the Environmental Resources Department (ERD) with all
required federal and state permits and approvals, including but not limited to the
Environmental Resource Permit, South Florida Water Management District
(SFWMD) Water Use Permit, US Army Corps of Engineers (ACOE) Section 404
Permit, US Fish and Wildlife Service (FWS) approval, and St. Lucie County (SLC)
mining permit. If federal or state agency compliance requires modification to the
mining plans or implementation of conservation measures, the applicant will
promptly modify the plans and submit to SLC for review and approval. The County's
development approval shall not prevent compliance with any federal or state agency
requirements.
Page 3 of 8
2. Priar to release of the Pre-Mining bond, all invasive exotic vegetation located within
the Conditional Use area shall be removed.
3. The applicant shall plant trees along the mine's northern and eastern boundaries,
should the SFWMD remove the berm along the G24 and G25 canals. The trees
shall be planted in a manner approved by, and within 180 days of notification by, the
SLC Environmental Regulations and Lands Manager. The applicant shall cooperate
with SFVJMD on any request related to removal of the berm.
4. Within 90 days after the commencement of mining activities, landscaping shall be
installed as shown on the approved Landscape Plan. The Environmental Resources
Director may extend the time period for planting up to an additional 3 months, if
additional time is needed to complete landscape installation.
5. Within 90 days after the commencement of mining activities, the six-foot high
perimeter berm shall be installed in accordance with approved plans and
specifications.
6. Dewatering pumps shall utilize only electric power. Diesel back-up pumps are
acceptable.
7. All roadway striping shall be thermoplastic.
8. Only one phase shall be mined at any one time. Prior to mining a new phase, the
permittee shall notify the County Engineer in writing.
9. The applicant shall be required to comply with applicable National Pollutant
Discharge Elimination System (NPDES) requirements.
10. There shall be no blasting permitted within the mining operation.
11. Please provide documentation from Florida Power Light (FPL) allowing use of their
easement.
12. The cumulative results of all monitoring wells shall be provided on the appropriate
basis (same as required by SFWMD).
13. Water consumption shall not exceed three million (3,000,000) gallons per day.
14. No operations on holidays (as observed by SLC), or Sundays.
15. No dewatering shall occur without a SFWMD permit submitted to the County
Engineer and receipt verified.
16. All equipment, machinery and structures, which are accessory to mining, shall
be properly removed from the site at the expiration of the permit.
17. All bonds shall provide that the County shall receive 30 days notice prior to
expiration of the bond. In the event of expiration of the bonds prior to the termination
Page 4 of 8
of this mining permit, the permittee must either renew the existing bonds or provide
alternate security in the form acceptance to the County Attorney. Bonds can only be
released with BOCC approval.
18. Before any mining activities may begin, except as noted, bonds must be in place for:
a. Pre-mining
The pre-mining vegetation restoration bond in the amount of $438,121 will be
held until the horizontal limits of the mining area (per the performance bond)
are defined through clearing and grubbing operations. Upon written request to,
and approval by the County Engineer, it will be returned.
b. Performance
Performance bond for eight cells in the amount of $7,334,350 is to rehabilitate
the land upon completion of the mining activities. This includes the removal
of all mining equipment and revegetation of the land and lake. All or a
portion of the bond may be released prior to conclusion of the five-year
monitoring period, upon approval by the County Engineer and the ERD
Director. Truck trips to and from the mine by the County's contractor to pick
up material shall not be counted against the limitation on allowed truck trips
set forth in Condition 34 below.
c. Construction Materials
- The mine shall contribute at no cost to SLC, sufficient soil and base rock to
reconstruct Orange Avenue from the mine's west property line to the
intersection of Orange Avenue and Kings Highway. The travel lanes of
Orange Avenue shall be widened to 13 feet and a five-foot paved shoulder
shall be constructed on each side of the roadway. These materials shall be
provided upon 90 days notice from SLC. It is understood that SLC will utilize
~ a contractor to collect the material from the mine, deliver it to the construction
site and construct the improvements (at the County's cost). A phased delivery
of the materials may be acceptable. An agreement on phased delivery must be
completed at a later date with SLC, if desired.
A bond to secure the aforementioned construction materials, in the amount of
$1,210,000 and in a form acceptable to the County Attorney, shall be provided
prior to mining permit issuance.
19. The hours of operation shall be 6:00 a.m. to 6:00 p.m. Monday through Saturday
(including related activities such as loading, stockpiling, processing, etc.) The hours
of operation for haul trucks entering and leaving the site shall be from 7:00 a.m. to
5:00 p.m. Monday through Friday. There shall be no stacking of vehicles in the
public rights-of-way.
20. Stockpiled material and haul roads shall be periodically watered down during dry
and/or windy conditions to minimize migration of sand, dust, or air contaminants to
surrounding properties.
21. Violations of the mining permit or mining plan are subject to permit revocation by the
Page 5 of 8
Board of County Commissioners and/or subject to a fine of $250 per violation and an
additional $100 per day for each day that the violation is not brought into compliance.
22. Adherence to all noise and vibration ordinances that were in effect at the time of
approval is required. The noise and vibration conditions may be modified if noise
complaints are received.
23. Prior to the commencement of any mining-related operations, any required approval
from any other regulatory agencies having jurisdiction over the mine or the
applicant's improvements or activities on the property shall be submitted to and
acknowledged by the County Engineer.
24. Pursuant to Section 378.501 or 378.801 Florida Statutes as applicable, the mine
operator must notify the Executive Director of the Florida Department of
Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East
Dirac Dr., Tallahassee, Florida, 32310, (850) 488-8217 before any new surface area is
disturbed.
25. Applicant shall provide the County Engineer with annual updates on the progress of
the mine, which shall include but not be limited to an estimated output (incremental
and cumulative) and a graphical representation in both horizontal and vertical limits
of hovv much area has been mined.
26. As part of the reclamation phase, the permittee shall provide the County Engineer
with an as-built survey which includes, but is not limited to, water depths, setbacks,
and cross-sections (200 feet minimum). The survey shall be performed and certified
by a Professional Land Surveyor registered in the State of Florida. The property lines
shall be monumented.
27. The applicant shall protect all wetlands, as shown on page C-4 (Final Site Plan) of the
mining plans, from construction or related activities occurring outside of the 200-foot
wetland protection area through implementation of Best Management Practices, as
appropriate.
28. Permittee shall be required to record the approved mining permit in the Public
Records of St. Lucie County within 90 days of approval. Copies shall be provided to
the County Attomey and the County Engineer.
29. Access to the mining operation shall only be from Orange Avenue and the approved
haul road.
30. No less than 95% of the truck traffic allowed to and from the mine must enter and
leave the mine from the east, using Orange Avenue between the mine entrance and
King's Highway. However, in the event there may be a need to deliver material west
on Orange Avenue, up to 5% of truck traffic allowed to and from the mine may enter
and leave the mine from the west on Orange Avenue, and may travel on Orange
Avenue to and from the County line. No other routes are permitted.
Page 6 of 8
31. All truck haulers shall enter into an agreement with the mining operator that identifies
the approved truck route. Global positioning system (GPS) devices shall be installed
in the haul trucks and shall be monitored by the mining operator to assure compliance
in the haul route.
32. A fee shall be paid to St. Lucie County for trucks violating Condition No. 30 above.
The mine shall pay to St. Lucie County $1000 per each occurrence.
33. A proportionate fair share contribution shall be made towards the necessary
improvements to the intersection of Orange Avenue and Kings Highway before the
first commercial trip occurs from the mine.
34. Truck traffic from the mine will be permitted in accordance with the following
schedule.
Cumulative daily Cumulative daily Completed Task
trips, ~ truck trips
De minimus* 2 Permit issuance
15 2~ Rock Road culvert
completed
30 53 Pulitzer Road culvert
completed
Private culvert 0.1
40 70 mile west of Knight
Road completed
Orange Ave
60 105 Reconstruction
Contract awarded
Orange Ave
80 140 Reconstruction 50~
complete
Orange Ave
100 175 Reconstruction
complete
*De minimus is considered 1~ of total permitted traffic.
35. All construction shall meet or exceed SLC Engineering Division standards and requirements.
36. After the completion of the 15 cells when the area becomes one large lake, the
applicant shall consider as part of their rehabilitation of the property to provide an
environmental component which may include use of this land as a restoration and
water quality improvement project with SFWMD. The SFWMD has expressed
interested in this opportunity.
: 37. The applicant shall execute an agreement to pay a fee-in-lieu-of construction for
multi-purpose path and remit to the County the required funds. The contribution shall
be for one-half of a 12-foot wide concrete path for a total amount of $83,219 and
shall be payable before commencement of mining.
Page 7 of 8
38. Prior to the issuance of a right-of-way permit, the applicant shall execute a Road
Improvement Agreement with SLC and submit a surety for the proposed public
improvements (right and left turn lanes at mine entrance). The amount of surety shall
be 115% of the engineer's estimate of probable cost. The amount and form of surety
shall be approved by the County Attorney.
DATED THIS 7t" of December, 2010
ST. LUCIE COUNTY
ENGINEERING DNISION
Michael V. Powley, P.E.
County Engineer
Page 8 of 8
ATTA~~Q~TT B ~ -
~ - ~ ! Environmental Resources -
~ Department
, .
Companion Report
TO: Board of County Commissioners
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmental Planner
Amy Griffin, Environmental Regulations and Lands Division Manager~
DATE: November 30, 2010
SUBJECT: MCZ Mining Permit Application
Backqround
The Public Works Department requested Environmental Resources Department (ERD)
input on the proposed Mine Permit.
Findinqs
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of the proposed Mine Permit.
~ '
i nature
Environmental Resources
~ " = ' ~ Department
~
s • • •
- - Final Report
TO: Mike Powley, County Engineer
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Yvette Alger, Senior Environmentaf Planner
Amy Griffin, Environmental Regulations and Lands Division Manager
DATE: November 30, 2010
SUBJECT: MCZ Centrum Citrus Mining Permit
Backqround
The Environmental Resources Department (ERD) is in receipt of the August 19, 2010 ERD date-
stamped resubmittal. The applicant is requesting Mining Permit approval of a 676.1-acre mine on
1,219.4 acres. The area is bounded by: Orange Avenue to the south, Minute Maid Road to the
west, the South Florida Water Management District (SFWMD) C-24 and C-25 canals to the east,
and the SFWMD C-25 canal to the north. The project site contains a mix of cleared and standing
abandoned citrus grove and associated agricultural ditches; native and non-native vegetation
along Minute Maid Road; and two remnant hardwood hammock areas. The existing land use is a
bona-fide agricultural operation.
Findin s
The proposed mining would impact 52.5 acres of agricultural ditches/canals and 25.3 acres of
furrows in remnant citrus groves, according to the Environmental Impact Report. The reclaimed
mine will yield 562.2 acres of open water, which includes 6.1 acres of littoral vegetation and 6.1
acres of upland transition vegetation. Applications are currently being reviewed by the Florida
Department of Environmental Protection (File # 0286441-001) and the US Army Corps of
Engineers (SAJ-2008-0769 [IP-EGR)).
The only existing native habitats on-site are two cabbage palm - oak hammocks located between
the mine and Orange Avenue. Plans include preservation, management, and monitoring of these
areas. Additionally, 14.3 acres of disturbed habitat, consisting of Brazilian pepper (invasive exotic
species) and native oaks and cabbage palms along Minute Maid Road, will be restored and
monitored.
Listed species potentially occurring on-site include the federally-listed Audubon's crested
caracara, Eastern indigo snake, and the wood stork. The applicant submitted the results of an
April 2008 caracara survey, which concludes that no adverse impacts to caracara are likely to
result from the proposed mining activities. The August 2010 Preserve Area Monitoring and
Management Plan includes an Eastern Indigo Snake Protection Plan. Wood stork impacts are to
be mitigated through reclamation of littoral and upland transition zone areas. The US Army Corps
Environmental Resources Department
Final Report
MCZ Centrum Citrus Mine Permit
November 30, 2010
of Engineers (Corps) has initiated coordination with the US Fish and Wildlife Service, who will
evaluate further whether there is a potential for impacts to federally-listed species. A condition of
approval requires that US Fish and Wildlife Service and Corps permits/approvals be provided prior
to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan Policy 8.1.12.5).
Recommendation
ERD recommends approval of the Mining Permit with conditions as outlined below.
Conditions of Approval
1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have
obtained and provided the Environmental Resources Department with all required federal and
state permits and approvals, including but not limited to the Environmental Resource Permit,
South Florida Water Management District Water Use Permit, US Army Corps of Engineers
Section 404 Permit, US Fish and Wildlife Service approval, and St. Lucie County mining
permit. If federal or state agency compliance requires modification to the mining plans or
implementation of conservation measures, the applicant will promptly modify the plans and
submit to St. Lucie County for review and approval. The County's development approval shall
not prevent compliance with any federal or state agency requirements.
2) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the
Conditional Use area shall be removed (LDC Section 7.09.05).
3) The applicant shall plant trees along the mine's northern and eastern boundaries, should the
South Florida Water Management District (SFWMD) remove the berm along the C-24 and C-
25 canals. The trees shall be planted in a manner approved by, and within 180 days of
notification by the St. Lucie County Environmental Regulations and Lands Manager. The
applicant shall cooperate with SFWMD on any request related to removal of the berm.
4) Within 90 days after the commencement of mining activities, landscaping shall be installed as
shown on the approved Landscape Plan. The Environmental Resources Director may extend
the time period for planting up to an additional three (3) months, if additional time is needed to
complete landscape installation.
Please contact Yvette Alger at 772-462-2866 if you have any questions.
Page 2
C:\Documents and Settings\SafikhaniD\Local Settings\Temporary Internet
F~~es~co~ce~c.o~t~ook\CXQ7D4H8\MCZMinePerm it_finalrpt_Nov 10.docx
ATTACHMENT C
November 16, 201Q
To Whom It May Concern:
In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby
advised that MCZ Mine at 26003 Orange Avenue, Fort Pierce, FL 34945, has petitioned the Board of County
Commissioners to review and approve a mining permit application. A location map is attached to this
correspondence. It is for the following described property.
MINING AREA
MCZ Mine:
PARCEL A
THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST LESS AND EXCEPT THEREFROM THAT
PROPERTY CONVEYED TO THE FLORIDA STATE TURNPiKE AUTHORITY BY WARRANTY DEED RECORDED IN
O.R. BOOK 52, AT PAGE 92 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA AND LESS AND EXCEPT
THEREFROM THAT PROPERTY CONVEYED TO THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL
DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 56, AT PAGE 581 OF THE PUBLIC RECORDS OF ST.
1 2 LIYING NORTH O FORANGE~AVENUE EXTENOSION~(STOATE OAD 68 A/K/A STOATE ROADS 62) OF SECTION gTH
TOWNSHIP 35 SOUTH, RANGE 38 EAST.
PARCELB
ALL THAT PORTION OF THE WEST 1/4 OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 38
EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND IN USE, AND ALL OF THAT
ROANGEO 8OEASTELY NG EAST OF THE CENTEOR INE OF MINUTE MAID ROAD ASCLAIOD OUTOANDSN IUSE. SOUTH,
PARCELC
38 EAST, LY NG IEOASOT OF THEOCENTERLINE OF M NUTE MAID RO DF SEPREOSENTLOY MA NTAINED ANTD USEDGE
A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter as possible) on
2300 Virginia
Tuesday, December 7, 2010, in the St. Lucie County Administration Building, 3rd Floor Annex,
Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing.
Written comments received in advance of the public hearing will also be considered. If you have any questions,
please contact Michael Powley, P.E., County Engineer, at 772-462-1707.
Sincerely,
ST. LUCIE COUNTY
~1~. ~lti~~~
i 1~
Michael Powley, P.E.
County Engineer
~ • .
z
~ ~
` J
N
~
~
CD
Minute Maid Rd
Canal C-24
Sneed Rd
~
~ O
~
~ CD ~
Header Canal Rd ~ ~
~
c~
,
N
Shinn Rd
~ ° Brocksmith Rd
N
~
Q
~ ~
~
Johnston Rd
I-95 a =
~I ~
~
~~l~ % ~ ~
~ s V
w
~ ~
ATTACHMENT D
NOTICE
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County will at 6:00
P.M. (or as soon thereafter as possible), on Tuesday, December 7, 2010, in the St. Lucie County
Florida, hold a public
Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce,
hearing on the petition of MCZ Mine, at 26003 Orange Avenue, Ft. Pierce, Florida, 34945 to grant a
mining permit on the following described land in St. Lucie County, Florida, to wit:
MINING AREA
MCZ Mine:
PARCEL A
THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST LESS AND EXCEPT THEREFROM
THAT PROPERTY CONVEYED TO THE FLORIDA STATE TURNPIKE AUTHORITY BY WARRANTY DEED
RECORDED IN O.R. BOOK 52, AT PAGE 92 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA
AND LESS AND EXCEPT THEREFROM THAT PROPERTY CONVEYED TO THE CENTRAL AND SOUTHERN
FLORIDA FLOOD CONTROL DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 56, AT PAGE 581
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE EAST 3/4 OF SECTION 5, AND
(S ATE RO D 68 A/K/A STAT ROAD 16O OF SECTION SN
OWNSOHIP 35 SOUTH E
ANGEX38EEA ON
PARCEL B
ALL THAT PORTION OF THE WEST 1/4 OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE
38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND IN USE, AND ALL
OF THAT PORTION OF THE WEST 1!4 OF, LESS THE NORTH 1689 FEET THEREOF OF SECTION 5,
TOWNSHIP 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS
LAID OUT AND IN USE.
PARCEL C
ALL THAT PORTION OF THE NORTH 1689 FEET OF THE WEST 1/4 OF SECTION 5, TOWNSHIP 35 SOUTH,
RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS PRESENTLY MAINTAINED
AND USED.
The required mining plan is on file in the County Engineering Division, Room 229, 2nd Floor
Annex, St. Lucie County Administration Building, and 2300 Virginia Avenue, Fort Pierce, Florida.
All interested persons will be given an opportunity to be heard at said hearing. Written
comments received in advance of the public hearing will also be considered.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
Chris Craft, Chairman
PUBLISH: November 21, 2010
PROOF AND BILL: Board of County Commissioners, St. Lucie Counry
4 -
Natural Resource Management, Wetland, and Environmental Permitting Services
GONSULTANTS, (NG•
~
MCZ 1,200 MINE
PRESERVE AREA
MONITORING AND MAINTENANCE PLAN
PREPARED FOR:
MCZ CENTRUM PROPERTIES
PREPARED BY:
EW Consultants, Inc.
2081 SE Ocea~ Boulevard, Suite 2B
Stuart, FL 34996
oJ~~y Zoio
2081 SE Ocean Blvd, Suite 26 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988
www.ewconsultants.com
,
FIGURES TO BE INCLUDED WITH THIS PAMMP:
1. Location Map
2. Preserve Area Map
3. Typical Preserve Area Sign
DOCUMENTS TO BE INCLUDED WITH TffiS PAMMP:
APPENDIX A- Eastern Indigo Snake Protection Plan
APPENDIX B- June 2010 MCZ 1,200 Lake Area Monitoring and Maintenance Plan &
Associated Graphics
I. INTRODUCTION
The MCZ 1,200 Mine site is approximately 1,220+/- acres and is located south of and adjacent to
the SFWMD G25, west of the C-24/G25 canal connection, north of and adjacent to Orange
Avenue and east of and adjacent to Minute Maid Road in north central unincorporated St. Lucie
County (see Figure 1, Location Map). The site consists of open pasture land recently converted
from citrus groves, active and inactive citrus groves, associated ditches and pump houses, as well
as two oak hammocks in the southern portion of the site and a mixture of native and exotic
vegetation east of Minute Maid Road along the western boundary of the site.
II. ON-SITE PRESERVES AND MINE RECLAMATION
The site plan includes three on-site upland areas that will entail preservation, monitoring, and
maintenance activities (see Figure 2).
The first preserve area is a 1.9+/- acre cabbage palm/oak hammock located in the southern
section of the project site. It contains mature live and laurel oaks as well as cabbage palms and
Brazilian pepper. This acreage includes the 25-foot buffer around the hammock. The second
preserve area is a 0.5+/- acre cabbage palm/oak hammock located in the southern section of the
project site west of preserve area L It contains mature live and laurel oaks as well as cabbage
palms and Brazilian pepper. This acreage includes the 25-foot buffer around the hammock.
The final upland preserve area is a 14.3-acre strip of land east of and adjacent to Minute Maid
Road. It consists mainly of exotic trees (Brazilian pepper), but also contains scattered live and
laurel oaks, cabbage palms and slash pines. Since the rest of the project site is citrus grove or
pasture, there is no proposed impact to native canopy trees on-site.
The final preserve area also includes 6.1 acres of lake littoral zone and 6.1 acres of upland
transition zone landward of the littoral zone. Details of this planting are found in the MCZ 1,200
Lake Area Management Plan in Appendix B.
The vegetative success criteria for the three upland preserve areas as well as the littoral/UTZ
includes the required areal coverage of Category I exotic vegetation as defined by the Florida
Exotic Pest Plant Council (F.A.C. Rule 62-302-200) at zero percent and nuisance vegetation
limited to five percent or less. Within the littoral and UTZ the areal extent of desirable native
plants shall cover at least 80% of the surface area by the end of the second year of monitoring
after installation.
Responsibility for these efforts will lie with the developer (MCZ Centrum Properties) until
further notice.
III. PROTECTION OF ON-SITE PRESERVES
In order to protect the upland preserve areas from potential damage during the land alteration
process, the following minimum standards for vegetation protection shall be applied within the
MCZ 1,200 Mine site:
1
A conspicuous, suitable protective barrier constructed of orange safety fencing or other durable
material, shall be placed and maintained around the perimeter of the protected area to form a
continuous unbroken boundary. This fencing shall be placed either a minimum of ten (10) feet
from the edge of the protected vegetation or from the radius of the dripline from all protected
trees, whichever is greater. All special conditions included in the Vegetation Removal permit
will be closely followed. In addition, preserve area signage will be installed per Figures 2 and 3
of this PAMMP.
Special care shall be taken that preservation areas are properly marked and highly visible so that
equipment operators can see the limits of permitted removal activity. Protective barriers or
protective designations shall remain in place until removal is authorized by the Public Works
Director, or his designee. In the event that any protective barriers are removed or altered and
clearing activities are conducted within an area identified for preserve under the issued
Vegetation Removal Permit, the Public Works Director, or his designee is authorized to direct
that all land clearing and site alteration work at the site be stopped until the barriers are restored
and any necessary corrective actions taken to repair or replant any vegetation removed or
damaged as a result of these encroachments.
All preserve areas shall be maintained in their natural state so as not to alter the water and
oxygen content of the soil and impair its natural function. No grade changes or excavation of
any sort may be made within the upland preserve areas that require trenching or cutting of roots,
except in compliance with the terms of special conditions in an approved Vegetation Removal
Permit, and in the case of creating the littoral and upland transition zones around the constructed
lake. If underground utilities must be routed through a protected root zone area, tunneling under
the roots shall be required. Irrigation shall be installed outside of the dripline of all protected
trees.
No soil shall be removed from within a vegetation preservation area. No fill material,
construction material, concrete, paint, chemicals, or other foreign materials shall be stored,
deposited or disposed of within a vegetation preservation area. No signs, permits, wires, or other
attachments, other than those of protective and non-damaging nature, shall be affixed or attached
to protected vegetation. If landscaping is to be installed within a vegetation preservation area
after removal of protective barriers or designations, installation shall be accomplished using hand
labor, unless use of light machinery is proven to be necessary and methodology is approved by
the Public Works Director, or his designee. Any equipment, including passenger vehicles, shall
not be driven, parked, or stored or repaired within designated vegetation preservation areas.
Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced
by vegetation of equal environmental value as specified by the Public Works Director, or his
designee, in consultation with the Community Development Director, before any occupancy or
final use permit authorizations are issued.
The authorized removal of any non-protected vegetation in the vegetation preservation area shall
be accomplished using hand labor, unless use of light machinery is proven to be necessary and
methodology is approved by the Public Works Director, or his designee. Only the above ground
portions of the non-protected vegetation may be removed and the stump shall be properly treated
with an approved herbicide; the root systems of the protected vegetation must remain
undisturbed. If any roots of protected vegetation are exposed or damaged, the applicant shall
2
J ~ ~
immediately correct the situation by covering the roots with a high quality soil to match the
existing grades, pruning any splintered roots and providing water until the vegetation has
recovered.
The applicant shall provide the Public Works Director, or his designee, a written plan to control
erosion which may be expected to occur as a result of the proposed removal of protected
vegetation. The erosion control plan must be approved by the Public Works Director, or his
designee, prior to the commencement of any removal of protected vegetation. All provisions of
the plan shall be incorporated as express conditions of any Notice of Vegetation Removal issued
under this paragraph.
IV. MAINTENANCE ACTIVITIES WITHIN ON-SITE PRE5ERVES
The upland preserve areas as shown on the attached plan will be kept free of nuisance and exotic
vegetation. All Category I and II nuisance and exotic vegetation as listed by the Florida Exotic
Pest Plant Council (Rule SB-57.007 FAC) will be treated within such areas. All treatment will be
through the application of the appropriate herbicide approved for use within aquatic
environments. The criterion for acceptance of eradication for Category I and II exotic vegetation
will be 100 percent treatment/kill and 95 percent treatment/kill for nuisance species. If initial
efforts do not achieve this criterion, follow up treatments will be conducted.
The preservation areas will be enhanced as described below. A figure showing the location and
extent of these upland areas is included as Figure 2, with the littoral zone and upland transition
zone shown in Appendix B. The proposed management approach is outlined below.
• Extensive woody exotic vegetation occurs within the preserve area.
o All woody species will be eradicated by cutting or girdling of the trunk and
treatment of the stump or trunk with an appropriately labeled herbicide.
o The criterion completion of the woody exotic eradication will be 100 percent kill.
If initial eradication efforts do not achieve this criterion, follow up treatment will
be conducted.
• The exotic vegetation present also includes non-woody species.
o All eradication of non-woody exotic vegetation will be through application of
appropriately labeled herbicide and left in-situ.
o The criterion for acceptance of eradication for all non-woody exotic vegetation
will be 100 percent kill. If initial eradication efforts do not achieve this criterion,
follow up treatment will be conducted.
• The exotic vegetation eradication will generate vegetative debris that requires disposal.
A staging and storage area will be created within the development area on the project site.
o Transport of vegetative debris from the preserve areas to the staging area will be
conducted in a fashion that minimizes the distribution and dispersal of seeds from
the debris.
o All vegetative debris, either whole or chipped/mulched, will be hauled off site and
disposed of at a landfill or other such appropriately licensed facility.
3
. .
o Herbicides are required for the treatment of all stumps and/or trunks of woody
vegetation to prevent re-growth, and for eradication of non-woody exotic and
nuisance vegetation.
o All herbicide application activities will be conducted under the supervision of a
Florida Department of Agriculture licensed applicator who is licensed for
application of aquatic herbicides.
o All herbicides applied within wetland areas must be properly labeled for
application in wetlands.
o All herbicides applied must include a visible tracer dye in the mix to facilitate
observation of treated vegetation.
• The site conditions are somewhat variable in terms of soil moisture and existing
vegetation.
o The exotic removal work will be conducted in a fashion that minimizes
disturbance of surface soils. Equipment operations that result in rutting and/or
displacement of existing surface soils in excess of three inches will be restored to
natural conditions.
• The preserve area will be posted with permanent signs and boundary markers as shown
on Figure 2. Signs will be at least 11 x 14 inches in size and will be posted in
conspicuous locations along the Preserve Area boundaries, at a frequency of no less than
one (1) sign per 500 feet (see note on Figure 2).
In addition, should the exotic removal effort result in barren areas within the preserve, a re-
vegetation program will be implemented. Barren areas will be re-planted with appropriate native
vegetation consistent with Figure 4 of this PAMMP. St. Lucie County Environmental Resources
Department staff will be contacted prior to this planting effort in order to finalize details such as
planting area limits, and specific plant species based on availability of plant material at the time
of restoration.
V. MONITORING
One photo station will be established within each of the oak hammock areas (preserves 1 and 2),
while three photo stations and three transects with three monitoring stations each (nine
monitoring stations total) will be established within preserve area 3 in accordance with Figure 2.
The vegetation will be measured in percent coverage of the canopy/understory layer and ground
cover. The total percent cover will not exceed 100 percent, and each species documented will be
reported in both common and Latin names. The coverage will be measured by visual
observation in each of four quadrats from the fixed monitoring point. Observations will extend
approximately 25 feet from the observer in each direction. The data from each quadrant will be
included in the monitoring reports. The transects will be marked with PVC pipe to ensure
consistency in data collection. Photos will be collected from each of the preserve areas to
provide documentation of vegetative coverage. In addition to vegetative coverage
documentation, observed wildlife utilization or indicators of wildlife (e.g. tracks, scat, etc.) will
also be noted.
The monitoring will be conducted on an annual basis with data collection at or near the end of
the wet season. Dates for field data collection will be provided in advance to St. Lucie County
4
Environmental Resources Department staff so that arrangements can be made to accompany the
field biologist during the monitoring, if desired. Reports will be provided to the St. Lucie
County Environmental Resources Department on an annual basis during the first five years so
that maintenance activity can be closely tracked.
Please refer to the Lake Area Monitoring and Maintenance Plan for specifics regarding
monitoring within the littoral and upland transition zone areas.
The schedule for conducting the proposed monitoring is based on the date of the issuance of the
Vegetation Removal Permit from St. Lucie County. All reports are to be sent to the St. Lucie
County Environmental Resources Department. The following is the proposed monitoring
schedule:
Activit Date
Submit Baseline Monitoring Report 1 Month after Permit Issuance
Submit Time-Zero Monitoring Report 6 Months after Permit Issuance
Conduct and Submit 1 st Annual Monitoring Report 18 Months after Permit Issuance
Conduct and Submit 2nd Annual Monitoring Report 30 Months after Permit Issuance
Conduct and Submit 3rd Annual Monitoring Report 42 Months after Permit Issuance
Conduct and Submit 4th Annual Monitoring Report 54 Months after Permit Issuance
Conduct and Submit Sth Annual Monitoring Report 66 Months after Permit Issuance
Please refer to the monitoring schedule for the littoral and upland transition zone planting areas
in the Lake Area Management and Maintenance Plan.
VI. MAINTENANCE
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more total
vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period.
Please refer to the Lake Area Management Plan for details regarding the littoral and upland
transition zone success criteria.
Maintenance of the upland preserve areas and lake zones will be on a quarterly basis and occur
during the months of March, June, September, and December of each year.
VII. CONSTRUCTION ACTIVITIES
Prior to clearing, the site contractor will ensure that the preserve area spaces are protected with
physical barriers during all clearing and construction activities in accordance with the guidelines
below. Barricades will be inspected by County Environmental Department staff prior to work
approval. Removal of the banicade materials will be done upon completion of the mining
activities.
Barricades/silt fences will be appropriately trenched into the ground and will be at a height of at
least three feet. Barricades will not be attached to vegetation. All barricades and turbidity
5
screens will be upright and maintained inta.ct for the duration of construction, and will comply
with all provisions listed in Section 6.OO.OS.C of St. Lucie County's Land Development Code.
The preserve barricades will be offset at a minimum distance of either ten (10) feet from the edge
of groups or areas of protected vegetation or from the radius of the dripline from all protected
trees, whichever is greater.
Cut or fill will meet existing grade without encroaching into the preserve area.
It is the responsibility of the owner of this project to inform all contractors of these marking and
barricading requirements. Failure to comply with these marking and barricading requirements
will be considered a violation of the site plan approval. Further work on the project may be
stopped until compliance with the marking and barricading requirements is achieved, and the
owner or developer may be required to appear before the Code Enforcement Board.
VIII. COST ESTIMATE FOR BONDING PURPOSES -
The pre-mining bond requires the applicant to bond those items related to activities which will
occur prior to the excavation and reclamation of the mine. This includes the cost to re-sod a
typical 50-acre mining cell should operations cease after the initial clearing but before the
excavation of the cell. This pre-mining cost is estimated at $331,160.00.
The post-mining or reclamation bond is designed to account for those activities which must
occur after the mine excavation is complete in order to restore the surrounding land to its pre-
altered condition. These items include:
- Lump sum cost for grading lake and banks to prescribed slopes
- Lump sum cost for as-built survey certified by a registered Professional Engineer
ENGINEERING POST MINING SUB-TOTAL = $7,334,350.00
6
MCZ 1,200 LITTORAL AND
UPLAND TRANSITION ZONE TABLE 1
PLANTING LIST AND COSTS
6.1 acres of Littoral zone
6.1 acres UTZ
Littoral Zone Plants - BR 2' o.c. Plant Type Quant. (incl. install) Total
Panicum hemitomon Maidencane 4,200 $0.60 $2,520.00
Cladium jamaicense Sawgrass 5,200 $0.60 $3,120.00
Eleocharis baldwinii Spikerush 4,800 $0.38 $1,800.00
Spartina bakeri Sand cordgrass 4,800 $1.20 $5,760.00
Juncus effusus Soft rush 4,500 $0.60 $2,700.00
Pontederia cordata Pickerelweed 4,800 $0.60 $2,880.00
Sagittaria lancifolia Arrowhead 4,500 $0.60 $2,700.00
Scirpus validus Soft-stem bulrush 5,500 $0.60 $3,300.00
Gulf Coast
Eleocharis cellulosa spikerush 4,800 $0.60 $2,880.00
Eleocharis interstincta Knotted spikerush 4,800 $0.60 $2,880.00
Scirpus californicus Giant bulrush 5,500 $0.60 $3,300.00
Sagittaria latifolia Duck potato 4,800 $0.60 $2,880.00
Rhynchospora spp. Beaksedge 4,150 $0.60 $2,490.00
Utricularia spp. Bladderwort 4,150 $0.60 $2,490.00
Total $41,700.00
UPLAND TRANSITION
ZONE PLANTING MATERIALS $ Each
Canopy Trees - 7gal, 20' o.c. Plant Type Quant. (incl. install) Total
Pinus elliottii densa Slash Pine 90 $22.50 $2,025.00
Quercus virginiana Live Oak 60 $30.00 $1,800.00
Quercus laurifolia Laurel Oak 80 $22.50 $1,800.00
Sabal palmetto Cabbage Palm 130 $37.50 $4,875.00
Acer rubrum Red Maple 60 $22.50 $1, 350.00
Taxodium distichum Bald Cypress 70 $30.00 $2,100.00
Magnolia virginiana Sweetbay 50 $30.00 $1,500.00
Persea palustris Redbay 50 $30.00 $1,500.00
Ilex cassine Dahoon holly 80 $22.50 $1,800.00
Upland ShrubslGround Cover -1 gal, 3'
o.c.
Serenoa repens Saw palmetto 4,970 $7.50 $37,275.00
Andropogon virginicus Broomsedge 4,950 $3.75 $18,562.50
Eragrostis elliottii Elliott's lovegrass 4,970 $3.75 $18,637.50
Eragrostis spectabilis Purple lovegrass 4,950 $3.75 $18,562.50
Myrica cerifera Wax Myrtle 4,970 $3.75 $18,637.50
Spartina bakeri Sand Cordgrass 4,950 $3.75 $18,562.50
Total $148,987.50
GRAND
TOTAL $190,687.50
7
.
Preserve Areas, Littoral and Upland Transition Zone Maintenance Costs:
Quarterly Treatments @$2,400.00 each x 4=$9,6001year x 5 years =$48,000.00
Annual Monitoring @$2,500 per report z 5 years =$12,500.00
SR 68 LANDSCAPING COSTS -
SR 68 landsca in
Plant T e Quant. Size Price Ea. incl. instail Total
12' H x 5'
Quercus vir iniana Live Oak 173 W $150.00 $225.00 $38,925.00
Walter's 3gal, 2'
Vibumum obovatum Viburnum 2,150 OC. $4.50 $6.75 $14,513.00
108, 350
Pas alum notatum Bahia rass sf $0.24 $0.36 $39,006.00
Mulch $1,250.00
Irri ation lum sum $24,000.00
Sub Total $117 694.00
110%
Contin enc
1 ear of mowin Total $129 463.00
$8,400.00
Grand Total $137 864.00
Total Post-Mining LittoraUUTZ Planting Costs = $190,687.50
10% Contingency for LittoraVUTZ Plants = $19,068.75
Initial Exotic Removal within On-site Preserves = $22,500.00
Protective Fence Installation around Preserves = $7,500.00
Total Post-Mining LittoraUUTZ Maintenance Costs =$48,000.00
Total Post-Mining LittoraUUTZ Monitoring Costs = $12,500.00
SR 68 Landscaping with 10% contingency = $137,864.00
ENVIRONMENTAL AND LANDSCAPING SUB-TOTAL = $438,120.25
Therefore, the GRAND TOTAL cost for the reclamation bond is
$7,772,470.25 ($7,334,350.00 + $438,120.25)
s
• r
PAMMP FIGURE S
1 - LOCATION MAP
2- PRESERVE AREAS AND MONITORING MAP
3- TYPICAL PRESERVE AREA SIGN
4- PRESERVE AREA RE-PLANTING PLAN
. ~
; . r a ,~r :s x r~
~ ,
~ ~ T .I fl
~ ~ ~ ~ ~ ~
F . ~ ~
ph .,`i ; 'Y..., . ; ` .
~ } ~
S } ' . ~.'r _ :
1 3 ~ , x. . , ; ~ 3. .
3
~ . . ; . .
~
j V3' i i _
~ . . ; f i . . . ' ,
, i _ ' .
. , . i ,
._y E t. . - . . . . ~ . - .
E nn • . < ;
: a_~~ . . . ~ .
~
~ ~ ; . . .
i . . ' . . 1 . .
»
i ~ 31 ~ ` ~ ~ ~ ~ ~ <
> ~ i4
~ ~ € ~ p . ~ f ~
f !}'T . } . .
. ~~.t . - a. S _ . - - ~ ~
` ~ . ~ • i ~ , . . . . : .
. ~ . ~ •r ~aW
< € ~ ' ~ 'a _ - _
u y ' _ . . _ _
` E ~ ~ . I
' -
~ ~ ~ f i ; ; _ _
\ ~ , ;
l . . . . S . ~ ' . ~
I , ~ i . e
~ ' ~
,
~
1 ~ ~ ' tt
~ ~r*~ ; " ~
; ~ ~ - , i ~
a ~ ~ ' ' y ,s, ~ , ~
~ ~i ~ ~4~~ ~2 ~ - - -
~ _ _ ~ . ~
j; i ~ i' ~.1 : ; o ~ _ _
, . i tu
. ,
~ ~ e s ~
. E_ ~ ' ~ R ~
~ _ _
~ ~r ~ 1 - -
~ ' 's 3
3 f~ t . ~ - ~i ( t ~ . _
~ ~ ( ""'i, l
~ `---0 Y~ - ~ - ~
~ ~ ~ : ~.-~,.~.~..r~---~~ ~
~ ~ ~ ~ , ~ , ~ ~ ~ ~ r~~ ~ ~
: ~ ; i i ~ ;
~ ~ t ~ ~ , , ,
~n r ra ~ : _ ~~l ~
~ _i 6 £ i ~ i ~
~ , <
> ~ ~ ~ ; ~
,
. s i •
. ~ ,r,~. ~..~._,u : ~ ,
_ _ < = ~
.
~ 'S
~ zs • - ( ~ ; ~ _ _ _
~ i , ~ . t ~ . 35 t ~
( . ' .-..,,,,M~.. -.F ~ ~ ~ ~
. IS' ~ ' - i,+ I ~ ` ` ,
~ 4'~. ~ . ~ , s > t. ~y-~,. .
` .
~
k' ' ~
,
~ ~ • ~ .
. f s` . . ; : .
~ . S~ ~ _ ' _ ° _ ' i . _
_ '
~
~ l ~ x~ ~
1Fa', a t4 f . ~ ~ _ ~
e.w. ~r f - ' ° ' ' . .~ac ' _
r~ r~_.~ ~ ~ t i .e•..e*-*'~:.,...._~ S¢un ~"Y~•
; ~ ' a~.. _ ..v..,~.
_
~,,.~..~,-o..~.: ~
~ i `c `
. ~ . . . . . { ~ ~
_ ,
` , y, . ; ~ ~
` ~ 's ~ `
a. ~ ~ ~ i
_ ~r~' ~ _ ~ ~ , ~ - ~ ~ ± ~
, .
. ,
,
.
~ _w, ~ 1~ ~ .
. . , ~ , .
, ~
~ , , ~
. ~ ~
~ ~ ~ .
. ~ i'
~ _w.--,_~.. ~
- -
,
_ , ~a:s i ~M.z
_ ~ ~
~ , . d.. ~
~
. .
~1 ~
! ,
i ` 4
ti _
, ~ jj
' ~ ~ < . ~ ~ -
i H/
~ ~ ~
. .
? _ • 1 a
t _ , LJ..~ ~ _
' E ' < p , ; ~ ; ~
~ i . ; ~ ~y s~ s
. f
< ,
- _ - -
. _
, ~..._.....,:5.
'_`~f _ . t~.. . , , '
f . . , . • a . .
. . , ~ , ; _ ~ - 7- ; r o ; ~.~w
~ ~ t ~ > n ~ . . _ . .
USGS QUAD "ST JOHNS MARSF SLOUGH", SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST,~ AND SECTIONS
5 dc B, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST LUCIE COUNTY. FLORIDA LAT. 27'28'01" LONG. 80'33'11"
LEGEND o 3000
SITE (1,219.4 AC) ~ ~
SCALE IN FEET
MCZ 'I200
~ LOCATION MAP
F
~ CON.SUITAMTS, EW CONSULTANTS, INC. •~ULY 2O 1 O
~ ~ ~'~~~q~°s~,.~, ~
~ 4~~ ~ 2081 SE OCEAN BOULEVARD, SUITE 2B ~GURE
v
; STUART, FLORIDA 34996
g ~ 772-287-8771 F,ax 772-287-2988
U ~~L~ W1NW.EWCONSULTANTS.COM
~ ~ ~
~
.
~ -a~ s . -
. _
- ~flR1D~~RNPIKE ~
~ c ~,R~ti ~ ~ ~k .
~i ~yf di ~ ~ti ~ ~ • ~ ~~A ( . ~tF F y~ ~ }7 . r ~ ~ ~ ~ 11 ~I! ~ ~ .
y~ ~,~t S~~ ~a ' ~4~h1~.~~1Y' i ~ 1 ~ ~'~~~~`~}R~1~~ A~' ~ ~ ~iEt f~~~~ltt ~ ~ ~ li~~v~~~~~~ ~
~ ~ ~ . ~ i ,~`I~~~~~ ~ ~ p ~ r ls,~ ; ~
~r , t - F:;;,;
; _ , ,
~x ,
~ N ,.~G • 1. ~ : ' ' ~
~
i ~ ~~i~~~~~ S-3
~c'~~~t~"I i~t~r~,ia ~ ; a
~ ~~~~k~+;~~.~~~ ` S-2 ,
~ ,
I; ~ , -1 ~
_ ~ T-3 ~
~ ~ ? 0 2000
_ ; ~ ~
~ { SCALE IN FEET
r, ~
~ ; ~
- ~ s , $ !
>
s : ~
~F - si~~~-i,~w ~
_ . . . _
,
! ~
~ ~ . ""~.`.~,,,F
1 ~q :
~ } ~ ~
o ~ ~
II ,
~ , ~ ~ ~
~ ~ ~
:
y w ' ~
F- ~ 1- ;.`k
1 ~ y
.1 ,:-~*,;"i,-, _ ~ 1
Z S-3 ~
; E; a SCHUMAN R~
~
~ . ~ . ~ S-2 ~ : ~ ~ ~
~ ~4 ~
-1 ~ ~ ~ , ~ 1~ . ' ;~~`~~~k~~~,~ t',i
z~~~~~ T-2 a.~ ~ . ~ ; s e
i
~ i" ~ . f `
'',j ! ,S ~ ~j'~ ~ "
i~'+hl..'~i~~3~r~f~'` ~ ' ~ I
' ~ I
~ ~ f~ i ~
PA 3 ~ - . ,
~ ~ _ ~
.
~ _ ;
, > ; ` '
r,
~ ~ ~
, • F'^ M
r, d, S-3 PA 2 PA 1 ~ ~ ~ M`~'~,
S-2 / . .
~ ~ S-1 ~ ~ -
. , T-1 . ~ , ~ .
~ . _ _ _
. . r.. . . . . ~ . ~ E-~~-~.
6' ~6 ~ f ` ! ' ~ 'II
DATED 200'9 S PRESERVE AREA 1-(1.9 AC) NOTE- PRESERVE SIGNS WILL BE INSTALLED
PRESERVE AREA 2-(0.5 AC) EVERY 500' OC ALONG THE PRESERVE AREA.
PRESERVE AREA 3-(14.3 AC) ORANGE BARRICADE FENCING WILL BE
- MONITORING STATION INSTALLED AND MAINTAINED AROUND PRESERVE
~ TRANSECT WITH STATIONS AREAS DURING CONSTRUCTION.
~
0
Z Mcz ~ zoo
z
~ PRESERVE AREA MOl`IITORINC MAP
~
W
" JULY 20'I O
a CONSULTANTS, INC. EW CONSULTANTS' INC.
~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
v
3 STUART, FLORIDA 34996
0
a 772-287-8771 FAx 772-287-2988
~ ~
N WWW.EWCONSULTANTS.COM
U
~
. ,
-PRESERVE AREA-
This area is a protected preserve area for
native vegetation and wildlife.
No alterations to this area are allowed without
prior permission from St. Lucie County
NO DUMPING ALLOWED
~
~ ST LUCIE COUI`IT'Y
o PRESERVE SIGN
~
6
s caresu~~ar~-rs, tr~c.
° EW CONSULTANTS, INC. JULY 20 ~ O
i ~ 2081 SE OCEAN BOULEVARD, SUITE 2B
~ S-ruARr, F~orzion 34996 FIGURE
~ 772-287-8771 Fau 772-287-2988
~ ,
W ~ i WVYW.EWCONSULTANTS.COM ~
z -
a
N.T.S.
U nderstory
Callicarpa americana - American Beautyberry
Psychotria nervosa - Wild Coffee
Myrica cerifera - Wax Myrtie
Serenoa repens - Saw Palmetto
gal, 3' o.c. - 55 plants
~ ~
~
~
~
~
~ ~
~
Assorted Trees
Quercus laurifolia - Laurel Oak
Quercus virginiana - Live Oak
Pinus elliottii - Slash Pine
7gal, 20' o.c. - 1 tree
MCZ `I200
W 'TYPICAL ~OOSF AREA -
~
<
~
~ PRESERVE AREA REPLANTING PLAN
W
N
W
d CONS3JLTAN35, t~e. EW CONSULTANTS, INC. .~ULY 2O'1 O
~ `~I~~~~~ ~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~ STUART, F~oRioA 34996
z
g `~'m~ 772-2s7-877 t Faac 772-287-2sss ~
W W W. EWCONSU LTANTS.COM
w :-k"=`=`
z
APPENDIX A
MCZ 1,200 MINE
EASTERN INDIGO SNAKE PROTECTION PLAN
. ,
GONa~it3t~TAtVTS. lNG.
~
EASTERN INDIGO SNAKE
PROTECTION PLAN
MCZ 1,200 MINE
ACOE Permit App. No. SAJ-2008-0769
Prepared for:
MCZ/CENTRUM FARMS
Prepared bv:
EW CONSULTANTS~ INC.
June 2010
O 2010 EW Consultants, Inc.
• y
PURPOSE-
This Eastern Indigo Snake Protection Plan has been prepared to assist in educating
construction personnel before and during excavation activities scheduled to occur on
the MCZ 1,200 Mine site.
INTRODUCTION-
The MCZ 1,200 Mine site project includes the excavation of a 562.2-acre lake for
fill and rock material. It is located west and south of the C-25 Canal, north of
Orange Avenue (S.R. 68) and east of and adjacent to Minute Maid Road in
unincorporated St. Lucie County, Florida.
The Eastern Indigo snake is typically found in high, dry, well-drained sandy soils, in
the same habitat preferred by gopher tortoise. During warmer months, indigo snakes
may also be found in streams, swamps and flatwoods habitats. Gopher tortoise
burrows are used by many prey animals that are easily captured by the indigo snake
in the burrow. Indigo snakes also use the burrows as dens for cover and laying eggs.
Other potential dens are stumps of trees, cavities in the soil, and under piles of
debris.
IDENTIFICATION-
The Eastern Indigo snake is the largest non-poisonous snake in North America,
growing to a maximum of eight feet. The color of both adults and young is shiny
bluish-black (Figure 1) with some red or cream coloring on the chin or sides of the
head (Figure 2).
~ ~
~ ~ ~ ~
~ ~3~ ~ r~
" . Ms r
s `
~ ~ ~ ~ ~
+s~ '~t . ~ ~
~ w."
~ "~~~+nr ~ ~ ~ ~y eil~~'~ ~s~
M1 ~ , r., ~ ~ f ~
r ~ t°o, ' ~ ~e
a ~ ~ ~M.,~.`~ .n, ' .
~ ~ ~ ~ ~ ~ ~
~ ~q~i y 8
~ .~14 k~ _ h ' .
~ . ~4h ~ ~ 'i'1yn~ ~ °+rv . e i •••e•
~ ~ ~ t•.. '~A
~ ~ ~FI~. _ ~'ae ' ~ ~ ~ a
G~ ~ g N~ ~ Y ` , 1 {N~~' ~ 1
-0 ~ ~ ~6 ~ ~ ~ ~ rFl.
~ ~~~4•. 'uh'Y 4 t"g~ ~ ~
4 a ~ ~ ~ ~`v~ . ~ ~ " `t.., ~ ~ ~°k^i 8~,~~~> ~ £ .
~ P +r~ ~ ~ ~ ~ ~1: _ . ~ ~ ~ y~; ~ra. , ~
~ " ~ a ..~K '
1 ' M4 ~~i * 5~ ;
, ~ +'~~3~~w,
S y(~"/ ~ `
~ ~ ~ ~ f ~ ~ t ~ ~
PF"b I~~~? r,
~~~,~i.~ t~}`~~~. uty ~ . a ~ ~
+ ~ i~
id {I a~ ~ ,N
i
;q `a-
~ ~ ~
t~~~a, M~ . y .
~,i I
« ;~r
, ~ ~ ~ a •rt ~ m ~~.~fi a~ ' ~ ~ . .
~N, . ~
~ ~ ' y~`&hei~ ~ J ? -a
F.:. ~ J 3 r', ~w.
x
~ ~ Yf , E - '
; r y ~ 3 t a ~,a r.~. ~ ' ' .
. .
~ ~a.,~m. ~ri , . , . . . . , e
Figw•e 1: Eastern Indigo Snake
~ ~~~fi . . . . ~ 4 ~
~y ~ ~ . . ~ , 5
~ . ~r~~? .
. . . . ~~~C~~~ ; l~
. . , ~y, ~ .
, 'ge, r tP ~ 1 ~{~(f . v
. . . ~
<
' . .,$E'~x
~ . . . ~ tr t Y~ ~d`,tl~['
~
d ~ 3
. . ; ~ ~ i mp'~ »~`c~t9 I~~
~'~r`~ i 11
o,H .e~'f'` 0"~~ g"'``~- (
~ - ~ .~i~, .
~ ~ ~ ~ s ~
~
~ ~~yr~+ ~ ~hi ~~Rir. .lu,~ >,~r~a~
3.
~ . ~ v~ .a. ~ ~ ~ ~~i._ .
a,~ ~ . : , , ~ .
• ~ j
~ r.
~ . „v ; ~ . Y,
~ . a5 ~ ~ ~u
~ ~
a
"x " • ` ~'3, e xF~ I
~
~ , ~ ~ 2 `~1t
. ~ ~ , r ' g~ ~v
* 1" r~
a:~ k
\ ~ ~
. . t•r3"~43s is~~' -~ff ~~'i3;~~";.
x 3
Figure 2: Close-up on the head of an E.~stern Indiao :~~~~ri.~
. ,
PROTECTION STANDARDS-
Every effort should be made to avoid harming any snake observed during the
excavation of the mine. The Endangered Species Act (ESA) of ] 973 makes it a
violation to "harass, harm, pursue, hunt, shoot, wound, kill, capture, or collect
endangered or threatened species." Violations can result in fines of up to $20,000
and/or up to one year in prison.
Prior to the commencement of site altering activities, an on-site instructional meeting
will be conducted by a qualified environmental scientist or biologist with all site
foremen and equipment operators. An Eastern Indigo Snake brochure will be
distributed to superviso?•s and machine operators prior to the commencement of
clearing activities. A USFWS approved Eastern Indigo Snake Protection sign will be
installed at the entrance of the site, the permit box location, and in areas site alteration
activities occur. A copy of the brochure and the sign are included in this document.
Clearing activities must cease when an eastern indigo snake is observed on the
property and sufficient time should be given to allow the snake to move away from
the project site on its own before resuming site operations. If it appears that the site
activities will cause a violation of the ESA, construction must be stopped until the
proper action can be determined.
If all snakes are avoided, the danger of harming a protected species due to
misidentification is reduced. Any Eastern Indigo snake encountered during the
construction activity that does not leave on its own accord must be removed by a
yualified biologist. Only an individual who has been either authorized by a Section
10(a)(1)(A) permit issued by the Service, or designated as an agent of the State of
Florida by the Florida Fish and Wildlife Conservation Commission for such activities,
is permitted to come in contact with or relocate an Eastern Indigo snake. If a dead
Eastern Indigo snake is encountered, the dead specimen should be thoroughly soaked
in water and then frozen. If necessary, Eastern Indigo Snakes shall be held in
captivity only long enough to transport them to a release site; at no time shall two
snakes be kept in the same container during transportation.
REPORTING-
Contact the followin~a~encies if indi~o snakes are observed:
U.S. Fish & Wildlife Service: 1-772-562-3909
Florida Fish & Wildlife Conservation Commission: 1-800-282-8002
An eastern indigo snake monitoring repot-t will be submitted to the appropriate
Florida Field Office within 60 days of the conclusion of land clearing. The report will
be submitted whether or not eastern indigo snakes are observed. The report will
contain the following information:
a. Any sightings of eastern indigo snakes;
b. Summaries of any relocated snakes if relocation was approved for the project
(e.g., locations of where and when they were found and relocated)
. ,
c. Other obligations required by the FWC, as stipulated in their permit
BROCHURE TO BE HANDED OUT ON-SITE
AND USED FOR TRAINING:
NoN-PolsoNaus
EASTERN I:vn~ro SrvAKES
PROTECTED
~ ~
f4
a~,-
+M' . ~ ..v',~ .
~ i~ ~ -
F:
a 4 `~",p,~w,,,~ # ~,P
'
,.~.~w; - ~ ~
x ~
r-., r~ a°~ r ;
' , ~u. "
~ ~ y~ a °N ~1 . a.
~"g' ~r~. & ~~,'G°~C°,.~~ ~ ~ ,r`
~ r~~~~.~,~'~' ~s~y~i~~ .
v+~,z " "9.~'J~~q.y~; a $ y ~ ~ g
p e.. ~ g .~d ~ -rV "cg
~ ei~~ ~~t z~
;
y~~
t c~ ~ ~f ~
~ ' ,1" ~~t 1~',~~;s
~ ~ ,~M;,. a.~~
4 , 5~ . ~~,~k b ~ »
~'y,4. ~ ~ ~ '
s ~ "s°° ,-'r. ~
, ~z ` ~ ~~a.~~ ~ , ~-r . .
Created bv:
EW Consultants, Inc.
2081 SE Ocean Boulevard, Suite 2B
Stuart, FL 34996
Photos credits: www.fws.pov & www.mvfwc.com
. ~
IDENTIFICATION
The Eastern Indigo Snake is the largest r~on-porsonocrs snake in North
America, growing to a maximum of eight feet. The color of both adults and
young is shiny bluish-black with some red or cream coloring on the chin or
sides of the head.
The indigo snake is usually found in high, dry, well-drained sandy soils, in the
same habitat preferred by the gopher tortoise. During warmer months, indigo
snakes may also be found in streams, swamps and flatwoods habitats. Gopher
tortoise burrows are used by many prey animals that are easily captured by the
indigo snake in the burrow. Indigo snakes also use the burrows as dens for
cover and laying eggs. Other potential dens are stumps of trees, cavities in the
soil, and under piles of debris.
PROTECTION
Every effort should be undertaken to AVOID HAt2MING ANY SNAKE OBSERt/EU
during the construction phase of the project.
The Endangered Species Act (ESA) of 1973 makes it a violation to "harass,
harm, pursue, hunt, shoot, wound, kill, capture, or collect endangered or
threatened species." Violations can result in fines of up to $20, 000 and/or up to
one year in prison.
Clearir~q actrvrfres rt~crst cease whenever any eastern indigo snake is observed
on the property and sufficient time should be given to allow the snake to move
away from the site on its own before resuming clearing. If it appears that the
construction activities will cause a violation of the ESA, construction must be
stopped until the proper action can be determined.
Please drive slowly and cautiously to avoid running over snakes and
other potentially listed wildlife!
If all snakes are avoided, the danger of harming a protected species due to
mis-identification is reduced. Any indigo snake encountered during the
construction activity that does not leave on its own accord must be removed by
a qualified biologist. Only an individual who has been either authorized by a
section 10(a)(1)(A) permit issued by the Service, or designated as an agent of
the State of Florida by the Florida Fish and Wildlife Conservation Commission
for such activities, is permitted to come in contact with or relocate an eastern
indigo snake. If a dead eastern indigo snake is encountered, the dead
specimen should be thoroughly soaked in water, then frozen.
If necessary, eastern indigo snakes shall be held in captivity only long enough
to transport them to a release site; at no time shall two snakes be kept in the
same container during transportation.
. ,
REPORTING
Contact the followinq aqencies if Eastern Indi4o Snakes are observed:
U. S. Fish & Wildlife Service: 1-561-562-3909
Florida Fish & Wildlife Conservation Commission: 1-800-282-8002
11 x 17 INCH SIGN TO BE POSTED ON-SITE:
~Y~'~~~~
e ~ ~ ` Eas~er~ and~ga anakes may be gresent ~ thts a6t~.
~ ~ ~ ~ ` > '11~ ~aM~sn u~te~ snake i~ a 1 s3~I~ ~r-~na€s~~~osu s~:e gro~~e
~ ~ ~^,.~,,m„ ~ t~ ~ naa~a~,mm, 3~1~ of abaut~.
~ j" r Tlpe caiur in l~tli youn~ aud au~uhs is slunY bhua~:,-btael:. s~chuii€ag rae
4. ~ :
` beIly, ~i~itlaa sc,e~ ~ed~ sre.ana e~~oriu~ about ~e~ ensn a~ci sides e~' t~e l~ead.
~ ` > The i~tthga ~L+~ cs fo~d i¢ Jrigh '3r}`, ti~~rll~:asuecl sa~y ~t~s. Ihuiue
.a+
~c~arcuer mc+~t€ss, mdie+rs sl$,~ fa~eqlteAat ~tre~as ~uci sc~aiups. a~~l
tt
r: ° ~,"s~ ~ " ' , u~diciduair are acea~ionaliy f~auui eu pine fla:tc-a~ds. ~Rher t~rtoiye
's r< . ~ L~wroa~~s. ott~,aabtes~anea~ eaeaues. dec~q~ai :t'~os aud legs ar~
cox~n~* u.e~P as dens arn~ Yc~r e~g Iay~i~g.
~T ' ~ - ' : ~s~c~ad lz~~an~ug easxem iudigo snak~s c¢ su}~ ~~er snal•.~.
y~ ~ , ` ~
',~~x s; ~ , ~ , . ~f' a s~ake i~ ahsen-~ dilxi:~ ca¢~ctioa; €ea~e an~- ae.trv°~t~~ €u~tu~ tl~
y ~ ~y ,~ake ~s Aed tk~ e:ea.
{pq~ $ k
k p iYF`~' '~4 x S~n ' ~e'~. ~'y~ W y . .
_ _ _ _ : a ~ad ~e fa~wmci €sll thz ntaeuc:ed ag~rcies. Scral~ th~ ~m:esais ~n
a
? a~ .~..:c€iv~ v.~t~x ~~,t:~ ~ W:a:. ~ i i_~~,~ cvat~ zu~k fte~ tlae s~ecin~¢ uu#~T if ean L~ re~hies.~.
_ _ , ~
~ ~ - ; . . , ~ ~ ~i,*~ ~ Fnc S~Am~„eerad Sgacrax dca t£.~1 af 39'i m¢Ltr'~ rz a ;
m e-aa~ ta -'3:ar~aas. nar~,
~ ~~~i~ Y . , ~
~ w ~ t Fur:uc. laaznr. sisoot, xd~tnat. tiei; eaFn~a~?. cr rad x; ae~dmrg~ad ur t+rrvffroa7ed spasiss.
dr'' i 3~a ~ n~ [:abapona ean rasuLr r.~r fhaw~r af ap ?0 52tl. ~ ~r~~~e,`.ter ap ra um¢? a~ aa¢ ~a~x;aas.
.t zc
" . ~ Gontact thr f~rllu~v~ asencie~ ef ~asEee~n iudiso s~ah~ ara ahsci~~erl.
~ "
•.Y~ or deae! s~cimrns are disco~cd:
i`~ ~
,
" ° :I. S_ Fis]i Ltii~ci~ife S~-ier: 7;?-5b~-39t19
k~ ~ ~ ~ a g ~ Fl~nda Fcsh ~ ~l'ifdE€fe ~'anser•s+a~n CQUU~sssou: 8i~? '~2-S~Y~.
. *~~,~0~~. ~ ~ , . ~ ~~l?• azs cnheievnC ~~o na: t~ athe: aaaamce~ 4-~ a _ ecaon :@,a, l,c F~:rt u~aPd~ ~3'
_ , . .
~ . - . it.e Sea¢ice. aa+ksigna~eed z; ry a~ees of ~~.:re af Fto~da l~~ rhe F7~;Be Fi;~ nd .R'iSife
~ ~ a~ .z <.~ci,:, o.ui.i._ abcur cte~ C~,sesuanca Cocmti~s~en fix arm~e~.:s g~°~r.z3 m e~.vm.e ti cmcaxt e. zlb;aca
. " . ) c~tn aad side. u! tffir 4ea@. ~ ezscxrn rc,i~~ ~nak?
~a~
.c~ .
~~v~~~~~
• ~
APPENDIX B
MCZ 1,200 MINE
LAKE AREA MANAGEMENT AND
MAINTENANCE PLAN
. ,
LAKE RECLAMATION PLAN AND
LAKE AREA MONITORING AND MAINTENANCE PLAN
for
MCZ 1,200 Mining Operation
St. Lucie County, Florida
July 2010
The following Lake Area Monitoring and Maintenance Plan is provided for the MCZ 1,200
mining operation project. It is to be used in conjunction with the Littoral & Upland Transition
Zone Planting Plans (attached), the Preserve Area Management and Maintenance Plan, the
reclamation plans developed by the project engineer and the approved final construction
drawings. This plan combines the mine reclamation standards of Chapter 62C-36.008, Florida
Administrative Code and the standards set forth in the St. Lucie County Excavation and Fill
Ordinance.
Timin of Reclamation Activities=
In accordance with Chapter 62C-36.008, Florida Administrative Code, all reclamation activities
will be initiated at the earliest practicable time. The placement of the overburden will begin as
soon as practical after mining operations are no longer taking place along that section of the lake.
This placement will occur no longer than six (6) months after overburden becomes available and
mining operations are complete. Contouring of the overburden shall be completed no later than
six months after the overburden has been placed.
The requirements in subsections (7) and (8) Chapter 62C-36.008, Florida Administrative Code,
for treating final shorelines and sheer walls shall be initiated and completed no later than one (1)
year after the calendar year in which the length and final location of shoreline or dry sheer wall
was established and other mining operations have ceased in such areas. The Secretary shall
waive this requirement for any reasonable length of time when necessary to prevent unacceptable
contamination of the resource being extracted.
Re-vegetation activities consistent with the attached figures shall be initiated as soon as practical
and completed no later than one (1) year after the calendar year in which the final contours are
established in an area and re-vegetation activities would not interfere with mining operations.
Re-vegetation activities shall be completed within three (3) years of the final cessation of mining
operations.
As for St. Lucie County's Land Development Regulations, more specifically Section
11.OS.11.C.3, reclamation shall occur within 12 months for a Class 2 mine following completion
or expiration of each phase of the excavation, cessation of mining operation, or expiration of the
permit, which ever first occurs. This language is included on the engineer's reclamation plans,
as well.
MCZ 1200 LAMP July 2010 1
If mining operations temporarily cease for more than 24 months, the requirements of subsections
(7) and (8), Chapter 62C-36.008, Florida Administrative Code, will begin immediately and be
completed at a rate of at least 1,000 feet of shoreline or dry sheer wall per three-month period; or
the operator shall post a bond or other surety in an amount reasonably related to the cost of
completing reclamation and for the period of time the initiation of reclamation will be delayed,
both of which shall be acceptable to the secretary; or the operator shall begin reclaiming an
equivalent amount of non-mandatory land at the rate specified above.
Compliance with the requirements above will be tolled by the length of time that a temporary
cessation results from attempts to obtain necessary permits for operations. The secretary may
waive the commencement of the requirements in above, for good cause for the length of time
necessary, up to a maximum of one year.
If mining operations cease, for whatever reason, for more than five (5) years at a mine, then all
of the requirements of this section shall be met. This period shall be extended for a maximum of
five (5) years when the cessation of mining is caused by governmental action during the review
of environmental permit applications. However, the secretary shall direct the operator to
complete those reclamation activities necessary to protect the public health and safety.
The initiation and completion dates shall be determined based on information provided in the
annual reports and verified by the secretary.
Site Cleanup Provisions -
All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where
allowed by law, all visible debris, litter, junk, worn-out or un-useable equipment or materials, as
well as all poles, pilings, and cables. Large rocks and boulders shall be placed at the base of
sheer walls to the extent practical to provide fill for establishing acceptable slopes. Otherwise,
they shall be placed in common locations at the surface or buried to a minimum depth of four
feet.
All temporary buildings, pipelines, and other man-made structures shall be removed with the
exception of those that are of sound construction with potential uses that are compatible with the
reclamation goals.
Overburden varies widely from mine to mine and the management of overburden must be based
on site-specific plans. Therefore, in addition to providing soil for re-vegetation purposes,
overburden should be utilized to reduce the occurrence of slopes steeper than four horizontal feet
for each vertical foot.
Erosion Control and Water Mana~ement Provisions -
The operator shall use the best management practices to minimize erosion. The use of native top-
soils is encouraged, especially in areas reclaimed for aquatic or wildlife habitats. Where topsoil
is not used, the operator shall use a soil or growing medium, including amendments, suitable for
the type of vegetative communities planned. Long, continuous slopes should be avoided.
MCZ 1200 LAMP July 2010 2
. ,
Mulching, contouring, and other suitable techniques shall be used to enhance stabilization.
Should washes or rills develop after re-vegetation and before final release of the area, the
operator shall repair the eroded areas and stabilize the slopes. A suitable berm or back-sloping
shall be used along the tops of sheer walls above any required transition benches to prevent
uncontrolled surface runoff over the sheer wall.
Best Management Practices also apply to water Guality within the mine so as to protect the health
of the littoral plant material. Turbid water will be kept to a minimum so that sunlight may reach
the littoral shelf floor promoting aquatic grass recruitment. The water level within the mine is
designed to a specific elevation. Such elevations will be staked along the littoral shelf in order to
provide the plant contractor a reference from which to install the appropriate plant material.
Should water level within the completed mine drop to elevations potentially harmful to the
planted littoral and upland transition zones, temporary irrigation will be established by using a
floating pump and spray rig situated within the lake. Water from the lake will be sprayed onto
the planted littoral and upland transition zones as needed in order to keep such plants healthy.
Re-Vegetation Provisions -
Reclamation shall include re-vegetation, with species native to the area, of littoral zones and
upland transition zones, in accordance with the attached figures. The operator has developed a
plan for the proposed re-vegetation, including the species of grasses, shrubs, trees, and aquatic
and wetland vegetation to be planted, the spacing of vegetation, and, where necessary, the
program for treating the soils to prepare them for re-vegetation. All upland transition zones must
have established ground cover for a period of at least one year after planting over 80 percent of
the reclaimed upland area, excluding roads, groves, or row crops. No barren area shall exceed
one-quarter (1/4) acre.
The littoral zones and upland transition zones have been designed to meet or exceed St. Lucie
County Land Development Code and Comprehensive Plan provisions. These provisions are
more stringent than the state of Florida's rules concerning littoral zones and reclamation for
limestone mines.
Water body shorelines shall be re-vegetated with a variety of native littoral zone species as
specified in the attached figures. The littoral and upland transition zone planting will be planted
no longer than 60 days after the final grade of 10 foot horizontal to one foot vertical (10:1) is
completed and certified along the specified zones.
The proposed littoral shelves are a minimum of 20 feet in width with a berm on the waterward
side. The shelves are not more than one foot below the design average low water level or higher
than one foot below the average water level. The elevation of the top of the berm is not higher
than one foot above the average high water level and the berm is to be cut every 200 feet to allow
exchange of water at low water levels. Such cuts are at least 10 feet wide at the top of the berm
and at least two (2) feet wide at the base of the berm per the engineering drawings.
MCZ 1200 LAMP July 2010 3
Installation of Native Plant Material -
The installation of the native plant material within the littoral zones and upland transition zones
will be in accordance with attached planting plans. Planting of such material will be conducted
at the appropriate time after which the lake banks are sloped in accordance with the approved
Final Construction Drawings. Plants are to be installed in accordance with the spacing and
quantities detailed on the approved figures. All plant material will be of appropriate type for the
soils found on site. An Environmental Professional familiar with littoral and upland transition
zone plant installation will oversee this activity.
Maintenance of Littoral and Unland Transition Zone Areas -
The littoral and upland transition zone planting areas as shown on the attached planting plans
will be kept free of nuisance and exotic vegetation. All Category I and II nuisance and exotic
vegetation as listed by the Florida Exotic Pest Plant Council (Rule SB-57.007 FAC) will be
treated within such areas. All treatment will be through the application of the appropriate
herbicide approved for use within aquatic environments. The criterion for acceptance of
eradication for Category I and II exotic vegetation will be 100 percent treatment/kill and 95
percent treatment/kill for nuisance species. If initial efforts do not achieve this criterion, follow
up treatments will be conducted.
The criterion for acceptance of eradication for all exotic vegetation will be 100 percent
eradication. If initial eradication efforts do not achieve this criterion, follow up treatment will be
conducted. Transport of vegetative debris from the lake area to the staging area will be
conducted in a fashion that minimizes the distribution and dispersal of seeds from such debris.
No e~otic or nuisance vegetative material will be left in the littoral and upland transition zone
areas. All herbicide application activity will be conducted under the supervision of a Florida
Department of Agriculture licensed applicator, licensed for application of aquatic herbicides. All
herbicide applied within aquatic systems areas must be properly labeled for such use. All
herbicide applied must include a visible tracer dye in the mix to facilitate observation of treated
vegetation.
The vegetative success criteria for the littoral and upland transition zone areas are as follows:
- Within one year after planting occurs, at least 80% of the designated littoral and upland
transition zones shall be vegetated;
- Within one year after planting occurs, at least 70% of the designated littoral zone shall be
vegetated with native facultative or wetter vegetation as defined in Chapter 62-340 FAC
- Within one year after planting occurs, at least 70% of the designated upland transition zone
shall be vegetated with desirable native upland species.
MCZ ] 200 LAMP July 2010 4
Littoral and Upland Transition Zone Monitoring -
The littoral and upland transition zone planting areas as shown on the approved site plan will be
monitored annually for five (5) years to insure that that such vegetative success criteria
referenced below are being met.
Each monitoring report will include recommendations for maintenance if necessary. The
threshold for maintenance requirements will be any area that has five percent or more total
vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period.
Additionally, any areas that have not achieved the 80 percent coverage requirement at the end of
two years will be recommended for supplemental planting to meet this criterion. The vegetative
success criteria for the littoral and upland transition zone areas include the requirement for
percent coverage of desirable vegetation as described previously by the end of the second year
(after installation) through the fifth year, and areal coverage of exotic vegetation at zero percent
and nuisance vegetation limited to five (5) percent or less. Maintenance of the rttoral and
upland transition zone areas will be provided in perpetuity in accordance with permit
requirements. The applicant will be responsible for such activities until such responsibilities are
turned over to a similar development organization.
It shall be unlawful to alter the approved slopes, contours, or cross sections or to chemically or
mechanically remove, damage, or destroy any plants in the littoral or upland transition zone
buffer areas of constructed lakes except upon the written approval of St. Lucie County, as
applicable. It is the responsibility of the owner or property owners' association, its successors or
assigns to maintain the required survivorship and coverage of the reclaimed upland and planted
littoral and upland transition areas and to ensure ongoing removal of prohibited and invasive
non-native plant species from these areas.
The schedule for conducting the proposed monitoring is based on the date of littoral and upland
transition zone planting. All reports are to be sent to the St. Lucie County Environmental
Resources Department. The following is the proposed monitoring schedule:
Activitv Date
Submit Baseline Letter* 1 Month after Plant Installation
Conduct and Submit 1 st Annual Monitoring Report 12 Months after Plant Installation
Conduct and Submit 2nd Annual Monitoring Report 24 Months after Plant Installation
Conduct and Submit 3rd Annual Monitoring Report 36 Months after Plant Installation
Conduct and Submit 4th Annual Monitoring Report 48 Months after Plant Installation
Conduct and Submit Sth Annual Monitoring Report 60 Months after Plant Installation
*Notice to Counry that planting is complete
MCZ 1200 LAMP July 2010 5
APPENDIX
LITTORAL AND UPLAND TRANSITION ZONE
SITE PLAN (FIGURES 1, 2A, 2B, 2C, 2D and 2E)
LITTORAL ZONE MONITORING MAP (FIGURE 2)
LITTORAL AND UPLAND TRANSITION ZONE
PLANTING PLANS (FIGURES 3A, 4A, 4B, and 4C)
LITTORAL ZONE CROSS-SECTION WITH
SUBMERGED BERM (FIGURE 3B)
LITTORAL AND UPLAND TRANSITION ZONE
ESTIMATED PLANTING COSTS (TABLE 1)
MCZ 1200 LAMP July 2010 6
. ~
330' FPL EASEMENT
LIMIT OF
LITTORAL ~ _ . .
& UTZ
LEGEND
~.~P~o.pos~Q~~:.:.~:_..::::: 0 - LAKE (562.2 AC)
~~~~.~~:~~:~oe.~~~Q~F:~:~~:~:~~::~~:~:= - 20' UPLAND TRANSITION ZONE
~'~~~:~'~1~AT~f2~.' ~ - 20' LITTORAL SHELF
SEE DETAIL FIGURE 3A
o Q TOTALS
~ z 25,953 LF SHORELINE X 10'=
o v 259,530 SQ FT
Q
~ N
w U 6.0 AC OF LITTORAL ZONE
~ o REQUIRED
Z ~ 6.0 AC OF UTZ REQUIRED
~ ~
~
20' UTZ = 6.1 AC
20' LITTORAL ZONE = 6.1 AC
LIMIT OF PL
LITTORAL &
UTZ
~
~
>
<
J
J
<
C
; ORANGE AVE
~ MCZ 'I 200 ~ LITTORAL & UTZ
Q CONSULTANTS, a~~. E,W CONSULTANTS, INC. ,1ULY 2O'I O
~ ~~~"~'~=~w ~ 2081 SE OCEAN BOULEVARD, SuirE 2B FIGURE
J STUART, FLORIDA 34996
$ _ . 772-287-8771 FAx 772-287-2988 ~
~ , VYWW.EWCONSULTANTS.COM
~
' f
FLORIDA'S TURNPIKE
330' FPL EASEMENT
LIMIT OF
LITTORAL
UTZ 20' UPLAND TRANSITION ZONE
SEE DETAIL FIGURE 3A
KEY
SHEET
2A ~ ~ ~
ftOP05EC7~::~::
26 '~.'~~~:.'~D~.~~;Q~~:~:.~~:~:.~~:
2C :'~::'~1iVAT~f~~,:~:;:~:::::' J
Q
2E 2D z
~ U
~ ~
Q U
~ p
H ~ ~
~ ~ ~ ~
z ~~.~:':~:~j~lTFOFtA.L:~;.~.~~:::'~:. ~
~ ~ ~~HE~:F::
0 2000
~ ~
L E G E N D SCALE IN FEET
0- LAKE LIMIT OF
562.2 /~C LITTORAL & UTZ
~ ~ SEE DETAIL PL
~ - MONITORING FIGURE 3A
a STATION
<
~
Y TOTALS ORANGE AVE ~
~ 25,953 LF SHORELINE X 10'= 259,530 SQ FT
~
J
0 20' UTZ = 6.1 AC
~ 20' LITTORAL ZONE = 6.1 AC
N
4 MCZ 200 ~ LITTORAL & UTZ MAP
~ car~su~~rar~TS, ~NC.
6 EW CONSULTANTS, INC. .1ULY 20 'I O
~ ~r': 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~ '
7
STUART, FLORIDA 34996
g ~ ~ 772-287-8771 FAx 772-287-2988
c~i ,~-~z? WWW.EWCONSULTANTS.COM G
~
. ,
i
i FLORIDA'S TURNPIKE cNORrHOFC-z5~
-r-------
~
; 330' FPL
~ EASEMENT
~
~
~
~ J
i
i Q
' Z
i
~ Q
i U
i ~
i N
' U
~
~ ~
~ 20' UPLAND TRANSITION ZON ~
~ ~
~ SEE DETAIL FIGURE 3A ~
~ ~
~
~
i
i , . . ~ .
i ~ . ~ . ~ . .
i ~ . . ~ ~
i i ~ ~ ~ ~ ~
i i ~ ~ . • . ~ . ~ .
~ ~ j~ 20r L~TTORAL.SHELF-~,,
' ' ~ ~ SEE.DETAIL ~FIGURE 3A . ~ ~ ~ ~
~ ~
~ . . . . ,
, . . .
, . . . ii
i
i . . . . ~i
' ~ PROPOSED. ~ ~ ~ ~ ~ ~ I ~
~ . ~ . . ~ '
~ ~ EDGE. OF ~ ~ ~ ~ ~ ~ PL
. . . .
; ~ ~ WATER ~ ~ ~ ~ ~ ~ ~
~ '
~ ~ . . . ~ .
, . . . . . ~
. . . . .
, . . . . ~
~ ~ ~ ~ ~ ~ ~I ~ SHEET 2A
i . . . .
~ ~ ~ ~ ~ SHEET 2B
2A LEGEND
0 400 2C KEY SHEET 0- LAKE (562.2 AC)
'SCALE IN FEET' 2~~~~`~ 2D ~ ' MONITORING
STATION
<
N
~ MCZ ~ 200 ~ L17TORAL & UTZ
~ GONSULTAN75, iNC.
~ EW CONSULTANTS, INC. JULY 20 ~ O
~ gu~V~~~'+~ 2081 SE OCEAN BOULEVARD, SUITE 2B
~ ~ y FIGURE
= STUART, F~oRIDA 34996
g 772-287-8771 FAx 772-287-2988
v ~ a~ WWW.EWCONSULTANTS.COM
~
, ~ . I
~ . . ~ ~ ~ ~ .
i ~ ' ~ SHEET 2A
~ ~ ---=------=-------=----1i---SHEET26 -
i . ~ ~ ~ ' .
i. . . i
i ~ ~ ~ ~ ~
i ~ . . ~ i
i ~ ~ ~ i
~ 20' UPLAND TRANSITION ZONE
' ~ SEE DETAaL FIGURE 3A~ ~ ~
~ . ~ ~ ~ . ~ ~ . ~
i ~ ~ . ~ . ~ ~ ~ ~ . ~I i Z
' ~ ~ ~ ~ Q
i ~ . ~ . ~ ~ ~ ~ ~ . ~ . f i U
i ~ ~ ~ ~
~ ~ ' ' . ~ ~ ~ ~
N
i . . ~ . ~ . ~ i C.)
~ . ~
.i . ~ . . ~ . li ~
i
~ ' . ~ ~ ~ ~ . ~ . ~ ' ~
~ PROPOSED I ~
~ . . ~
~ ~ ~ . E~D~E O~F ~ ~ ~ ~
~ ~ ~ ~ . ~ . ~ ~ . ~ WATER ~
~ . ~ . . ~ ~ I,
. ~ ~ ~ ~ . ~ ~ . I;
~ ,
; ~ . ~ . ~ 20' .LITTORAL SHELF~ , ~ ~ ~ ~
.
SEE ~DETAI~. F_IGURE 3~k--i-I ,
.
~ . ~ . ,
~ . . ~ ~
~ . ~ ~ . . ~ ~ ~ ~ I;
. ~ ~ . ~ ~ ~ ~ , ~ . . ~ i
i . ~ ~ ~ .
.i ~ ~ ~ . i
~ ~ ~ . ~i
i ~ ~ . . . ~ i
' ~ ~ ~ ~ ~ ~ PL
. . . . . .
~ . . . ~ ~
~i ~ ~ ~ ~ ~ ~ . ~ . ~ ~ li
~ ~ . ~ ~ ~ i
. ~ ~ . ~ ~ ~ ~ ~ . ~ . ~i
i . ~ ~ . ' ~ ' ~ ~ ~ SHEET 2B
' ~ ' ~ -
~ ~ -
-~----=------=-------=------=------=------=----~~-----SHEET2C
i~ ~ ~ ~ ~ ~
2A LEGEND
0 400 B KEY SHEET 0' LAKE (562.2 AC)
' ' ~ - MONITORING
SCALE IN FEET 2?::;~• p
STATION
m
N
~ MCZ ~ 200 ~ LITTORAL & UTZ
° ~o~S~~=A~T~= t~=. EW CONSULTANTS, [NC. .IULY 20'I O
~
<
~ v' ~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~ STUART, F~oRi~.4 34996
g - ~ 772-287-8771 FAx772-287-2988 ~B
U WWW.EWCONSULTANTS.COM
~
' ~
~
. ~
~ . . ' '
J----=----
' ~I ~ SHEET 2C
~ . , ~ I
.i ~ II
I ~ ~ ~ I1
I • ' • ~I
~ ~ ~I
~ ~ ~ ~ . PROPOSED . ~
' ~ ~ ~ ~ ~ ED~E O.F~ ~ ~
. ; ~ . ~ . ~ WAT~ER ~ I ;
~ ~ . ~ I~
~ ~ . ~ ~
. . . ,
~ . . ~ ~ ~
~ ~ ~ . ~ ~ i
~ ~ . ~ ~ ~i
~ ~ .
, . . - . . .
i
. ,
, ~ ~ ~ . ~ 20,
~ _ . ~ ~
; ~ ~ . ~ . ~ ~ . ~ ~ . ~j ~ UPLAND
~ ; ~ ~ ~ ~ ~ ~ . ~ ~ ~ . ~ ~ TRANSITION Q
~ ~ . . . 1 ~ ZONE Z
. ~ ~ . ~ ~ . . ~ ~ . ~ ~ , ~ ~ ~ SEE v
; ~ ~ . ~ i ~ DETAIL N
FIGURE c~
; ~ ~ ~ ~ ~ ~ ~ . ~ j~ 3A o
~
I . ~ ' 1~ ~
I . ' ~
I . . . . ~ ~ ~
I • ' ' ~ . ' 1
I • . . ~ ~1
I . . . . I
~ 1 . ~ . ~20' LITTORAL SHELF -~j ~
. SE~ DETAiL FIGUR~E 3A ~ ~ PL
~ ~ ~ ~ . . . ~
, ~ . . . ?
, ~ ~ . . . .
. . ,
, . . . . .
~ . . . ~ . ~ .
i ~ . ~ ~ . . ~ i SHEET 2C
-
~ SHEET2D
~
A LEGEND
B KEY SHEET C~ - LAKE (562.2 AC)
~ 400 ~ ~r~ - MONITORING
~ ~ 2 p
SCALE IN FEET STATION
U
N
~ MCZ ~ 200 ~ LITTORAL & UTZ
° EW CONSULTANTS, [NC. .1ULY 20'I O
~ CONSUtTAhtTS, 1t~iC_
<
~ ° 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~ STUART, FI.ORIDA 34996
g - ~ 772-287-8771 FAx 772-287-2988 ~ ~
^
~ _ W1NW.EV1[CONSULTANTS.COM
~
- , .
i ~ ~ ~ ~ . ~ SHEET 2C
~ i SHEET 2D - -
i . . . . . i
i ~ ~ . . . ~ ~
i ~ ~ . ~
~ ~ ~ ~ . . ~
i ~ ~ ~ ~ ~ .I~i
.
i
~ ~ ~ PROPOSED . ~ I ;
~ ~ _ ~ ~ .~EDGEOF .
; ~ . ~ . . ~ . WATER ~ . ;
, . . . . . .
~ ~ ~ ~ ~
. . ~
~ . ~ ~ ~ . ~ . . ~ ~
~ . . ~ ~
~ . . . . ,
~ . . ~ ~ I~ Z
~ ~ ~ ~ . ~ . ~ ~i U
~ ~ ~ ~ . ~ . ~ ~ ~ PL ~
~ ~ . ~ . ~ . ~ ~ ~ ~ ~ I~ N
~ ~ ~ . ~ ~ ~ U
' ~ ~ ~ 20' LITTORAL SH-ELF-~' ~ ~
~ . ~ ~
. ~ . SEE DETAIL FIGURE~3A . j ~ ~
~ . ~ ~ ~
. ~ ~ ~ ~ ~ . ~ ~
i . . . ~ . ~ . ~i
' ~ . . . . ~ ~i
~ . . . ~ ~
. . .
~ . . . . ~
i ~ ~ ~ ~ ~ ~ .
i ' ~ . ~ ~ . . li
i ' . ' . ~ . ~ . ~ ~
i ~ _ . ~ ~ ~i
i. . ~ ~ i
i ~ . i
i . . ~ ~ i
i ~ ~ ~ . ~ . . ~
i ~ ~ . . . i
~i ~ ~ . . . / i
;---___._r_ ;
: 20' UPLAND
~ - TRANSITION
ZONE
w~w
_ SEE_DETAIL
FIGURE 3A
2A LEGEND
~ KEY SHEET C~ - LAKE (562.2 AC)
~ ~
° 400 - MONITORING
SCALE IN FEET 2'~'`~' ~ STATION
0
N
~ MCZ `I 200 ~ LITTORAL & UTZ
; EW CONSULTANTS, INC. JULY 20 '1 O
~ CONSULTAFiTS, fNC.
J
~ 2081 SE OCEAN BOULEYARD, SUITE 2B FIGURE
~
~ STUART, F~oRinA 34996
g 772-287-8771 FAx 772-287-2958 ~ D
v = ' VYWW.EWCONSULTANTS.COM
t
~
• : .
~ ~ ~ i SHEET 2
. ~ , SHEET ~D
~ i
~ ~ .i
~ ~ . ~
~ . . ~ i
i
. i ~
~ ~ ~
.i
Q ~ ~ "
~ . ' . . ~
i
. i.
W ~ ' ~ ~ ~
F~- ~ ~ ~ i .
~ ~ . ~ ~ .i
Z ~ ~ . ~ . ~ . ; ~ .
~ PROPOSED ~ ~ ~ . ~ ~ . ~ ~ . ~ ~ .
EDGE OF ~ ~ ~ ~ ~ ; ~ ~ .
WATER ~ ~ ~ ~ ~ ~ . ~ .
.
. . ,
. . ~
. . ~
~ ~ ~ ~ ~ .
~ ~ .
~ . .
.
~ ~ . . . , .
~ . .
. . ~
. . ~ , ~
. .
L ~ ~ . ~ ~ ~ _ ~ ~ ~ ~
. . , .
. . .
. ~
. . , .
.
~ ~ ~ . ~ ~
~ ~ .
. , .
~ ~ . , .
~ . .
. . . ,
.
~ ~ ~ ~
~ ~ ~ ~
~ ~ 20'~ LITTORAL . ~ ~ ~ . ~
~ ~ SHELF ~ ~ ~ ~
20' UPLAND ~ ~ . SEE DETAIL ~
TRANSITION ZONE ~ ~
SEE DETAIL ` ~FIGURE 3A~ ; ;
~ ~
~ \ - ~ ~
FIGURE 3A ;
~
~
2A LEGEND
~ KEY SHEET LAKE (562.2 AC)
~ ~
° 400 MONITORING
SCALE IN FEET 2~'~~~'~ ~ STATION
N
~ MCZ `I 200 ~ LITTORAL & UTZ
; EW CONSULTANTS, INC. JULY 2O'I O
J I CQ~ISULTANTS, }ttC.
6 Ili
~ 2081 SE OCEAN BOULEVARD, SUITE 2B p~GURE
~ STUART, F~oRIDA 34996
$ - 772-287-8771 FAx 772-287-2988 ~ ~
N VWYW.EWCONSULTANTS.COM
c.t ~ " , :
~
- ~ r
20~
LITTORAL
20, SHELF LAKE
UPLAND
TRANSITION ~ Littoral Zone Ground Cover
~ ~ ~ BR - 2' o.c.
ZONE ~ ~
, - , ,
, _
, , - , _
, ~ , ,
, ~ , -
, ~ ,
_ , , , , ,
, ~ , ~
, , ~
, , ,
, - , ~
, , ,
~ - ~ -
, , ,
~ - , -
_ ~ , ,
_ ~ , -
~ ~ ,
, - , ,
, ,
~ ~ ,
, ~ , ~
Upland Shrubs and Ground ~ ~
Cover -1 gal, 3'o.c. ~ ~
~ ~ ~ ~
~ ~ ~
~ ~ ~ ~ ~
~ ~ ~ ~
~ ~ ~
~ ~ ~ ~
~ ~
~ ~
~ ~
~
~
~
~
Trees
7 gal, 20~ O.C. CONTROL
ELEVATION = 18'
PLAN VIEW TYPICAL
UTZ 8~ LITTORAL ZONE
N.T.S.
J
G
H
W
~
G
M
~ MCZ `I 200 ~ LITTORAL & UTZ DETAIL
° ~oNS~~=A~TS. EW CONSULTANTS, INC. JULY 20'I O
~
<
~ s 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~ STUART, F~oRinn 34996
g ~ 772-Z87-877 ~ FAX 772-287-2988 3 A
U - WWW.EWCONSULTANTS.COM
~
• MCh~203r UTTORAL.dw Fi 38 DETAIL
~ . . ~ ~ N . . '
r ~ . . ~ A o . . .
1 N Z C
m~Z m 'mm
~ Z ~ ~
~ ~ ° r 'r 'r
O N i~l t0
,n Z
~ m~D
~ y ~oc
Z D ~ ~ N "'Z~
z ~ "o~
~r
C =
~ < N m~
m~ T~
~ - ~ N
~ ND~
. ~
m _ Z`
~ Wm _ ' m~D
~
m O Z
~ . r~„..i,~y.. : Z O
z m
. . ~ o :
~
. _ . . O
. . . mp .
~
0
v~ r
m~
TO
D
, ; :
r
~
, , r~
~ A
~ ~ . ' . D~ ~
r ~ ~
. ~ . . , ~ ' o ~ ~ c) m
~ . . N D ~ A ~ X
;J r C
m . . ~ °
~ . ~
~ ~o mmn
z ~ . . ~ ~o
~ D
1 ~ ~N . . ..t.. ; . N O r O m m ~
4
Z r ~
~n m
~
~ ~ o ~ . . . ~ ~
~ ~ ~ ~ i, ~ r
~ r. cn . N zm_
~ ~ ' ~ ~
u C
~ ~ Q° ~ ' . ~ ~
m ~ ~ Q ~
sy~~ ~ C ~ ~ Q N
: ~ g ~ ~ . .
~ y>~ a N ~ . Z S?o
s~~w N (n . - ~
T - m - m
mZ n • _ ~
~ ~ ~
~ .
W Z .
~
~ ma
0
- ti, .
UPLAND TRANSITION
ZONE PLANTING MATERIALS
Trees - 7 gal, 20' o.c.
Pinus elliottii densa - Slash Pine
Quercus virginiana - Live Oak
Taxodium distichum - Bald Cypress
Acer rubrum - Red Maple
Saba/ palmetto - Sabal palm
Quercus laurifolia - Laurel Oak
Magnolia virginiana - Sweetbay
Persea palusfris - Redbay
llex cassine - Dahoon Holly
Upland Shrubs and Ground Cover -1 gal, 3' o.c.
Serenoa repens - Saw palmetto
Andropogon virginicus - Broomsedge
Eragrostis elliottii - ElliotYs lovegrass
Eragrostis spectabilis - Purple lovegrass
Muhlenbergia spp. - Muhly grass
Myrica cerifera - Wax Myrtle
Spartina bakeri - Sand Cordgrass
NOTE: NOT ONE SPECIES TO EXCEED 25% OF OVERALL PLANTING MATERIAL.
REFERENCED SPECIES MAY BE SUBSTITUTED WITH OTHER APPROPRIATE
NATIVE SPECIES BASED ON AVAILABILITY.
a Mcz ~ zoo
a
~
<
~ UTZ PLANTII`IG MAT~RIAL
~ caNSU~ra~?TS, JHC.
; EW CONSULTANTS, INC. .IULY 20'I O
<
~ PIYu 8~r~ 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE
~s'
~ STUART, F~ort~~n 34996
g w~ 772-287~77, Fax 772-287-298$ 1l~A
v _ WWW.EWCONSULTANTS.COM
~
•
LITTORAL ZONE PLANTING MATERIALS
Littoral Zone Ground Cover - BR, 2' o.c.
Cladium jamaicense - Sawgrass
Pontederia cordata - Pickerelweed
Sagittaria latifolia - Duck potato
Panicum hemitomon - Maidencane
Utricularia spp. - Bladderwort
Eleocharis baldwinii - Roadgrass
Eleocharis cellulosa - Gulf Coast spikerush
Eleocharis interstincta - Knotted spikerush
Scirpus californicus - Giant bulrush
Scirpus validus - Soft-stem bulrush
Spartina bakeri - Sand cordgrass
Juncus effusus - Soft rush
Sagittaria lancifolia - Arrowhead
Rhynchospora spp. - Beaksedge
NOTE: NOT ONE SPECIES TO EXCEED 25 % OF OVERALL PLANTING MATERIAL.
REFERENCED SPECIES MAY BE SUBSTITUTED WITH OTHER APPROPRIATE
NATIVE SPECIES BASED ON AVAILABILITY.
<
m Mcz ~ zoo
~
~
~ LITT'ORAL PLANTII~IC MATERIAL
a ~~~~~:~A~TS. EW CONSULTANTS, INC. .IULY 2O ~ O
~ 4 2081 SE OCEAN BOUIEVARD, SUITE 2B FIGURE
= STUART, F~oRi~A 34996
g ~ 772-287-8771 FAx 772-287-2988 ~ ~
v ~ A WWW.EWCONSULTANTS.COM
~
~ Y
MCZ 1,200 LITTORAL AND
UPLAND TRANSITION ZONE TABLE 'I
PLANTING LIST AND COSTS '
6.1 acres of Littoral zone
6.1 acres UTZ _
Littoral Zone Plants - BR 2' o.c. Plant Type Quant '
Panicum hemitomon Maidencane 4,200
Cladium jamaicense Sawgrass 5,200
. . . .
Eleocharis baldwinii Spikerush 4,800
~ ~
Spa~tina bakeri Sand cordgrass 4,800 '
Juncus effusus Soft rush 4,500
Pontedena cordata Pickerelweed 4,800
Sagittaria lancifolia Arrowhead 4,500
_ _
:Scirpus validus !Soft-stem bulrush 5,500
. . _
Eleocharis cellulosa Gulf Coast spikerush. 4,800
_ .
Eleocharis interstincta Knotted spikerush 4,800
_ . _ .
Scirpus califomicus Giant bulrush 5,500
Sagittaria latifolia Duck potato 4,800
Rhynchospora spp. Beaksedge 4,150
Ut?icularia spp. Bladderwort 4,150
UPLAND TRANSITION
ZONE PLANTING MATERIALS
Canopy Trees - 7gal, 20' o.c. Plant Type Quant
Pinus elliottii densa Slash Pine 90
Quercus virginiana _ Li~e Oak _ 60
Quercus laurifolia Laurel Oak . . 80
. ~ .
Sabal palmetto Cabbage Palm 130
~ . .
Acer rubrum Red Maple 60
Taxodium distichum Bald Cypress 70
Magnolia virginiana Sweetbay 50
Persea palustris . Redbay . , 50
llex cassine Dahoon holly 80
Upland Shrubs/Ground Cover - 1 gal, 3' o.c.
Serenoa repens Saw palmetto 4,970
Andropogon vi?~inicus Broomsedge 4,950
Eragrostis elliottii ElliotYs lo~egrass 4,970
Eragrostis spectabilis Purple lovegrass 4,950
_
Myrica cerifera . Wax Myrtle 4,970
_ .
Spartina bakeri Sand Cordgrass 4,950
Q
~ Mcz ~ zoo
~
~
~ LITTORAL PLANTINC MATERIAL
; CQNSUtTAtdTS, lNG.
Q EW CONSULTANTS, INC. JULY 2O 1 O
~ I~~"~1~~~~ti~''~ ~ 2081 sE OcEnN Bou~EVaRn, SuirE 2B FIGURE
g STUART, F~oR~na 34996
N S
772-287-8771 Fa~c 772-287-298
-
v WWW.EWCONSULTANTS.COM
~
• ,
MCZ 1,200 LITTORAL AND
UPLAND TRANSITION ZONE TABLE 1
PLANTING LIST AND COSTS
6.1 acres of Littoral zone
6.1 acres UTZ
Littoral Zone Plants - BR 2' o.c. Plant Type Quant. (incl. install) Total
Panicum hemitomon Maidencane 4,200 $0.60 $2,520.00
Cladium jamaicense Sawgrass 5,200 $0.60 $3,120.00
Eleocharis baldwinii Spikerush 4,800 $0.38 $1,800.00
Spartina bakeri Sand cordgrass 4,800 $1.20 $5,760.00
Juncus effusus Soft rush 4,500 $0.60 $2,700.00
Pontederia cordata Pickerelweed 4,800 $0.60 $2,880.00
Sagittaria lancifolia Arrowhead 4,500 $0.60 $2,700.00
Scirpus validus Soft-stem bulrush 5,500 $0.60 $3,300.00
Gulf Coast
Eleocharis cellulosa spikerush 4,800 $0.60 $2,880.00
Eleocharis interstincta Knotted spikerush 4,800 $0.60 $2,880.00
Scirpus californicus Giant bulrush 5,500 $0.60 $3,300.00
Sagittaria latifolia Duck potato 4,800 $0.60 $2,880.00
Rhynchospora spp. Beaksedge 4,150 $0.60 $2,490.00
Utricularia spp. Bladderwort 4,150 $0.60 $2,490.00
Tota I $41,700.00
UPLAND TRANSITION
ZONE PLANTING MATERIALS $ Each
Canopy Trees - 7gal, 20' o.c. Plant Type Quant. (incl. install) Total
Pinus elliottii densa Slash Pine 90 $22.50 $2,025.00
Quercus virginiana Live Oak 60 $30.00 $1,800.00
Quercus laurifolia Laurel Oak 80 $22.50 $1,800.00
Sabal palmetto Cabbage Palm 130 $37.50 $4,875.00
Acer~ubrum Red Maple 60 $22.50 $1,350.00
Taxodium distichum Bald Cypress 70 $30.00 $2,100.00
Magnolia virginiana Sweetbay 50 $30.00 $1,500.00
Persea palustris Redbay 50 $30.00 $1,500.00
llex cassine Dahoon holly 80 $22.50 $1,800.00
Upland Shrubs/Ground Cover -1 gal, 3'
o.c.
Serenoa repens Saw palmetto 4,970 $7.50 $37,275.00
Andropogon virginicus Broomsedge 4,950 $3.75 $18,562.50
Eragrostis elliottii Elliott's lovegrass 4,970 $3.75 $18,637.50
Eragrostis spectabilis Purple lovegrass 4,950 $3.75 $18,562.50
Myrica cerifera Wax Myrtle 4,970 $3.75 $18,637.50
Spartina bakeri Sand Cordgrass 4,950 $3.75 $18,562.50
Total $148,987.50
GRAND
TOTAL $190,687.50
1
, ,
- -f _ .~~-~,c--=4 ~--+:.y :
=_u~...,.~~ - r.
? E " . : _F'.
' ' .
~ ~
.
Traffic Engineering, Transportation Plannina
February 18, 2010
To: Mr. Michael Brillhart
From: Susan E. O'Rourke, P.E.,
Re: MCZJ Centrum Mining
Susan E. O'Rourke, P.E., lnc. has been retained to address the comment from your department
regarding the projed's fair share contribution to the intersection of Orange Avenue and Kings
Highway. To that end, we have compiled the following data and response.
Trip Generation
In a traffic study prepared by Kimley-Horn and Associates, dated February 2Q08 and updated July
2008, the trip gene~ation was calculated as 134 PM Peak hour trips with 60 in and 74 trips out.
See Attachment 1.
Assignment
Following the comments and response, 70°'0 of the traffic was assigned to Orange Avenue through
Kings Highway to and from I-95. That assignment equates to 52 eastbound trips and 42
westbound trips.
Turning Movements at Orange Avenue and Kings Highway
Turning movement counts were not available in the traffic study prepared by KHA. However, the
data prepared by my firm for the St. Lucie Rock project was recently ~eviewed by your office. We
have updated that data to intlude the Love's Trave) Stop that is proposed for the southeast corner
of Orange Avenue and Kings Highway and the MQ/ Centrum mining trips.
The turning movement sheet is included as Attachment 2
HCS Analysis
428 SW AV.~n Aaenue
The intersection was analyzed using the Highway Capacity Manual software. The results are Sur.e ~c~
St,e~c, Fi_r~oa 3a9Sa
shown in Attachment 3a and 3b for the future traffic on the existing network and the future
traffic on the future network. »e ~ei ;s ~s
7E 7 9261 far
SEOPI-e~rk0~~comc~5 ~e:
Fair-Share Analysis
The Fair-share template for intersections developed for St. Lucie County by Stanley Consultants was
used to estimate the fair-share contrihution 6y MCZ/Centrum Mining. The calculated contribution is
$1$5,143.63.
Attachment 4 provides the fair-share spreadsheet.
Please give me a call if you have any questions or comments.
ATTACHMENT 1
~T ~ ~1 KiMey-Hom
~ ~ ~ and Ass~ciaies, lnc.
r~ncc~
r~ax~..*rraur~ a+u~nnc orESU~nor
TR(P CE~'FRATIOt~
. l~nd tRe o~Op AF1 Peat Ileur PUf !'nk F4ur
. T' TNaI lo Oot Toul ln Ont
.t~'
P~ ?a~aoeoFU~wn ~ :io ~a ~ u is ~
'~t r~rn~
sas ?.io~rr w +s ~s 9n oc +s
' litl Krr Fllaael7t*JIu 1.3d~ f21! 71 SA 1N i0 7J
~Indrk+ 6A idf R I'~* S^7 I~ delnvio
Na:: Trip~masrivn .as akW~ed mint Ne fsllowinE daa:
! La~l. TnRi: Gmendm
- wrelrwir, T.3vlpspcrcm~lorec
TnxlTq!'iu ltorarcd=539~ncl~Al+1
i
Aht Pak UoorTrelfk G~ernbn
rJa'ehooB~K (!7'E J3U1 T~ U31 P~+ ~4~ f~=S Is'~S aw)
Trvci7ql~a Pm~a+ed~iStrucL+in~Svec~e~tfOTBeip~l121atafe~~on
P>f Peok IlourTnlfe CcnenW~e ~
Wattla~fot (I17? 130I T s 0.17 per ay~bya (7SR~ i~.4`z mul
~r~rtT~a~ rm~e=ucw~~ssvc~sew.~ateo~,n~eooro~~
;vwnul~m+ e:.N.f:+nR~r~Cr+nwT+'ucas~lMy~sfaaw.u.ai.wawko~t~
~ 05C1.Csfn II~N vlM~~'rn br.
a
~ T ATTACHMENT 2
y o
. .
a ~ ~
a--~ I ~ •
•
0
_J ~ ~
~ - w°1
m ~ c
n
~ P
P ~ ~ N
T
- a ~o~
N~ a ~
T ~
Q C
~ o ~ ~ e
C p
1 ~ = L .
} I_~ ~ ~ l7 Y
i I
w O~ N
~ w H
VL
/
r
~ ~
P n
~ ~ ~
~ ~ N
o y
:J O a~ ^ o'
~ ~ ~ n ~ n r~ ~ .~'n rv ~ "
L 'Z ~
6 b ~0 ~ O ~ ~ ~ ~ n
~ O p w m ~
~ u.J ~ n oC ~ G~ 4 ~ ~ ~p O C~ ry h C. C
O = N
I > ^ rv ~ ^
n
~ O ~ ~n .~e s c+ w m « r. °1 ~ r~. 'c ^ ~ ~ c
f
` ~
a ~ ~ o. •
~ 3 °v ~o c m~o °c rv o o e,,, ~c r. T n. r c c e
c
W 9 m
O 3 M c o 0 0 o c c c c o, ~
~ ~ a p ~ ~o w ~ x o ~ c ry - ti ~ c
C u
C 3 p m v o m n N n o .a .o
~ n 6 ~ p ~ C O O O C O ry C H
V 6 j
2 `
~ ~ C y ~ ~n ~ ~p ~ ~ ~ ~ O N ry O C C C C C O G C ry h
. ~ D y C "
~a ~ a W n n C ~ ^ N n ~ ~ N C T C O O C C C r G C ~ r
~ N W C
~ m Cf 1C ~ ^ n O O ^ ,Q.,' ~ C C O C O D O M
W T C1
8
m o o s ~ a ~ o~ ~ ~ o ~ ~ ~ :
N
C
O ^
~ d ~ N
> ~ F r'
L O L m ust P v~i ~n ~ ro n ~ r+ C ~ ¢ ~ O O c D ^ + u
L N ~
7 ry ~ 0
r ~
~ c
~
a~ ~ ~c r+ n c m v+ ~ g rv T o o C o ~ e t ~ ~ m w
Q N v. 1a M h ~C N N IF m m n =
~ Q
N ~
O ~
~ 0 n n O G C+ ~ N ~ ¢ C O c C O C C C C m Q 'J ~ ry ~G
2 2 = C
~ ~ ~
c ~
a ~ < O tn O h O ~ ~ ~ N ~ m f C
, a = h ~ w~ ~n W v eV ti rv O n C Gi P O O w O n n
O ~ N 4
~ ~ C ~ T
r.. ry Z ~
. + ~ m a ,a o .n o ^ e.i
~ ~ N v v+ ~n ~ e o 0 o O C C o o C ~ o ~
c' Z ~
u ~ ~ r~. C 2
W [ Y
C [ ~ L
c - ~ h N L Z
~ _ ~c p O ~ ~ ~ n i u c c ~ ~ c
W O~ ~ ~ m a O o ~ S ac " ¢ n i ~ ` u 1j a i R ON
~ a?¢ v < q .ri .n iri iri ~o ~a., E ~ t . Y ~ r t'r c c 3 n o ~ ~ v
~ W ~ a ~ ° ~ g ° e ~ ~ ~ tl ~ _ Y ~ - ~ ~ o = ~ ; a < ~
2 C o a c c v .i, ,n u+ a > ~n i: f Y ~ ~c ¢ " u o ~ - m
Short Report ATTACHMENT 3a Page 1 of 1
SHORT REPORT
General Information Site Information
Analys? JLM Intersection Orange Ave1 Kings Nwy
Agency or Co. Susan E O'Rourke, PE, lnc . Area Type Al! other areas
Date Performed 02-17-2010 Jurisdiction St. Lucie County
Time Period PM Peak Fiour Analysis Year 2070 with Existing Lanes
Volume and Timin In ut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH R7
Number of Lanes i 2 1 ~ 2 1 1 ~ 0 1 i 0
Lane Group L T R L T R L TR L TR
Volume (vph) 174 798 265 212 418 424 103 324 280 723 419 i79
Heavy Vehicles A 4 4 4 4 4 4 4 4 4 4 4
PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95
PretimedlActuated (P/A) P P P P P P P P P P P P
Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2_0 2.0
Extension of Effectivs Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
Artival Type 3 3 3 3 3 3 3 4 3 4
Unii Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 4.0 3.0 4.0
Ped/BikeIRTOR Volume 0 0 10 0 0 10 0 0 JO 0 0 10
Lane Width ~2.0 i2.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0
` ParkinglGradelParking N 0 N N 0 N N 0 N N 0 N
ParkinglHour
Bus StopslHour 0 0 0 0 0 0 0 0 0 0
Minimum Pedestrian Time 3.2 3.2 3.2 3.2
Phasin Excl. Lefi Th~u 8 RT 03 04 Excl. Left Thni & RT 07 OS
G= 16.0 G= 27.0 G= G= G= 25.0 G= 32.0 G= G=
Timing Y= 5 Y= 5 Y= Y= Y= 5 Y= 5 Y= Y=
Duration of Anal sis hrs = 0.25 C cls Len th C= ~20.0
Lane Grou Ca aci , Control Dela , and LOS Determination
Eg V1IS NB SB
Adjusted Flow Rate 183 840 268 223 440 436 108 625 761 619
Lane Group Capacity 239 822 738 231 822 868 362 487 362 487
' v/c Ratio 0.79 i.02 0.36 0.97 0.54 0.50 0.30 9.28 2.10 1.27
Green Ratio 0.13 0.22 0.47 0.13 022 0.47 0.21 0.27 0.21 0.27
; Uniform Defay d~ 50.4 46.5 20.0 bi.7 41.0 21 J 40.1 44.0 47.5 4~1.0
Delay Factor k .50 .50 0.50 0.50 0.50 0.50 O.bO 0.50 0.50 0.50
' Incremental Delay d2 23.7 37.0 1.4 50.9 2.5 2.1 2.1 142.5 505.3 137.4
PF Factor 1.OQ0 i.000 1.000 ?.000 9.000 9.000 ~.000 4.000 1.000 1.000
Control Delay 74.1 83.5 21.4 102.6 43.5 23.8 42.2 186.5 552.8 ~81.4
Lane Group LOS E F C F D C D F F F
Approach Delay 69.3 47.7 165.2 386.2
Approach LOS E D F F
Intersection Delay 176.8 Intersection LOS F
Copyright 02Q07 University ot Fbrida, Alt Rights Reserved HCS+TM Vers~on 5 5 Generated 2lt7R0~0 3:57 PM
file:f /C:\Users\Jaime\AppData\Local\Temp\s2kB957.tmp 2/17/2010
Short Report ATTACHMENT 3b Page 1 of 1
SHORT REPORT
General Information Site Iniormation
Analyst JLM Intersection Orange Ave/Kings Hwy
Agency or Co. Susan F O'Rourke, PE, !nc Area Type Alt other areas
Daie Performed OZ-17-20'!0 Jurisdiction St. Lucie County
Time Period PM Peak Hour Analysis Year 2010 with Future Lanes
Volume and Timin In ut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Number of Lanes 2 2 1 2 2 1 2 2 1 2 2 1
Lane Group L T R L T R L T R L T R
Volume (vph) 174 798 265 212 418 424 103 324 280 723 4~9 179
°r6 Heavy Vehicles 4 4 4 4 4 4 4 4 4 4 4 4
P H F 0. 95 0. 95 0. 95 0. 95 0.95 0.95 0. 95 0.95 0. 95 0.95 0. 95 0. 95
PretimedlActuated (PJA) P P P P P P P P P P P P
Startup Lost Time 2.0 2.D 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
E~ension of Efiective Green 2.0 2.D 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
Arrival Type 3 3 3 3 3 3 3 4 3 3 4 3
Unit Exiension 3.0 3.0 3.0 3.0 3,0 3.0 3.0 4.0 3.0 3.0 4.0 3.0
PedlBike/F2TOR Volume 0 0 10 0 0 10 0 0 10 0 0 10
Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0
ParicinglGrade/Parking N 0 N N 0 N N 0 N N 0 N
ParicinglHour
Bus StopslHour 0 0 0 0 0 0 D 0 0 fl 0 0
Minimum Pedestrian Time 3.2 3.2 3.2 3.2
Phasin Excl. Left Thru 8 RT 03 04 Excl. Left SB On{ Thru 8 RT 08
Timing G= 16.0 G= 32.0 G= G= G= 23.0 G= 4.0 G= 20.0 G=
Y= 5 Y= 3 Y= Y= Y= 5 Y= 5 Y= 5 Y=
Duration of Anal sis hrs = 0.25 C cle Len th C= 120.0
Lane Grou Ca aci , Control Dela , and LOS Determination
EB WB NB SB
Adjusted Flow Rate 183 840 268 223 440 436 108 341 284 761 441 178
Lane Group Capacity 449 979 777 449 97~ 914 646 609 531 899 883 647
' v/c Ratio .4J 0.86 0.34 0.50 0.45 0.48 O.i7 0.56 D.53 0.85 0.50 0.28
Green Ratio 0.13 0.27 0.50 0.13 0.27 0.50 0.19 0.17 0.34 0.27 0.24 0.42
Uniform De{ay d~ 47.7 41.9 18.1 48.3 36.7 19.7 40.5 46.0 31.8 41.7 39.2 23.1
Delay Factor k .50 .50 0.50 0.50 0.50 .50 0.50 0.50 0.5D 0.50 0.50 0.50
Incremental Delay dz 2.7 10.0 1.2 3.9 1.5 1.8 0.6 3.7 3.8 9.7 2.0 J.1
PF Factor 1.000 1.000 ).000 1.000 1.000 1.000 ).000 i.000 1.000 1.000 1.000 1.000
Control Delay 50.4 51.9 19.3 52.2 38.2 21.5 4t.1 49.fi 35.6 51.4 41.3 24.1
Lane Group LOS D D B D D C D D D D D C
Approach Delay 44.9 34.4 43.0 44.6
Approach LOS D C D D
Intersection Delay 41.9 Intersection LOS D
Copyr~ght ~ 2007 U~iversRy o( Fbrida, Atl Rights Resecved HCS~TM Version 5 3 Generated 2J17Q01D 3~58 PM
file://C:\Users\Jaime\AppData\Local\Temp\s2kD6D5.tmp 2/17/201D
ATTACHMENT 4
~ a e.~
`o v u~i n
~ ~ W
a ~ o o c n n a ~ c
^ o u
N Q 1~if ~ 1~D G'^, O t] O s o^ O^ ~ m
RI
m fTV m O~ b~ Me~ m. ~n O+
N H n.; n Af O C G 1~ n~ n m
' m a~0 O 0~0 f•r
¢ G O i0 In
Z H N M ~ M VI
~ N O O N 6~ O O C N N 0 V p
= wf \0 'y tD Q I~f m ~ M 10
T
10
Nt
J U1 m
m ~ ~
O O O O 4~L v~f O O O O 0 O~ ti
_ .~I ~.,j r1 Pf N ti
~
m
eY
~
~ ~ (p
N 3 N N O M~p T O O N N O~.~.~
~ e.; ~~o c Q a r, a a
al ~ m m O O N N ~.,I a m~ YI O~ H N~ W N~
= 3 ~ < .ti ~1 ~C m Q ~ ~ ~ ? ~ t T N m h N u ~
~ ~ N
~
~ m fV N a N H W G O N N O ry~
3
c
eo
~ pp m
Q W N~ O ry~ O O ry ry O n~
~
j' m T m O Q rV O~ c O~^
, ~u n n.; m m" n r m o~
_
p~p ~ °n ~ o~ N c o o ~ m v
~ r
Y
c
u ~
E ~
u E
° ~ c
o ~
i E `
` ~ E ~
.ti ` ~ o
C Y ~
G O Q C
~ ~
r a
c
n
~ p W
« " ` ~ « u ~
c
~ d t : ~ ~ ~ ~ {~j
E° r > a ^ o Q E o: o
ua o~ ~ c o gaa'° o du m
0
. ~ a'~ LL v L ~ E+ ~ o r r ~ ~ ~ ttif ~
~ U a~ n ~ u ~
E E u 4 Q~ o G 6 0 ~ ` 3 3 z~ t
~ E ; ~ E o 0 3 L ~ r. LL o
E E o ~ f' ~ E E E E o,'~+, w m~e M To Q ~
V~.n 1i 6 G Q V O? LL LL q C 4 p« m
L Y U U•~.. W 61 ~ V O CI
~ C C ~ t~+ V ° V u= v E C C
; c ~ ~ " ~ a a` a` 3 c ~ o > > ~ ° .~4 c - c c ~ O
~
~ o o~ 9 0 o t ~ ~ ~ a' Q`n ,o o .4 '-t'i T, m~ r m
- m L7 l7 l~ u.. t7 17 ~ N~dn R Y, r,u~„ ~ r
u c u m v
~ 3~ " V ~ 3~ ~ i, `c ~ a Q o
u°m.'$.°i3~n.~< um'Sss3 a` ` da ~ a z
aiea Ma~
P~isnlPtl ~~41 ss~~ ax Aipedq dnoig aue~ aiayM sdVl i~fo~d /uN~Pt~J ~
i
t
t .
D Kimley-Horn
~l~ and Associates, Inc.
TRAFFIC IMPACT STUDY
;
MCZ / CENTRUM MINING
; QPER.ATION
ST. LUCIE COUNTY, FLOR.IDA
~ .
~
~
~
~
; Prepared for: .
' MCZ/Centrunz Citrus Farms, LLC
i
~
041223004
February 2008
Revised JuIy 2008
~ Kimley-Hmn and Associatac~ Inc.
CA 00000696
, 10521 SW Village Center Drive, Suite I03
' Port Sc Lucie, Florida 34987
?72l345-38001BI,
777J286-0138 FAX 7
ZZ ~
~
! o . on, P.E.
Florida Registration Number 56799
~
, ,
Kimley-Horn
~ and Assoaates, Inc.
July 21, 2008 ~
~ fa~
1052t S.w. Ylage C~ter Drive
Ms. Leslie Olson P~ ~ ~
Plaru~er ~
SL Lucie County Growth Management
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: MCZ / CenVum Citrus Farms
File No.: MJSP 420081464
~ CU 220081426
Dear Ms. Olson:
Kimley-Horn and Associates, Inc. received your comments dated June 2, 2408.
To facilitate your review, we have provided a summary of our response to these
comments below.
A. Growth Mana~ement Department - Planning Division
4. Revise Traffic Impact Report to reflect caiculations for applicant's
stated 20-year mining operation. TIR c~trrently reflects a 15-year period.
' The Traffic Impact Report has been revised to reflect the 20-year
mining operation.
' S. Shinn Road is a narrow, primarily residential mad. The TIR estimates
there will be 193 daily trips of heavy truck traffic on this road as a result
of this project. Explain how the applicant will significantly rednce or
eliminate this number.
In diseassions with Coanty stafl, the s?pplicant has agreed that the
193 daily trips are more appropriately assigned to Sneed Road.
N. Traffic Concurrenc~+
1. The applicant's ~c engineer, Kimiey-Horn, proposes that the
mining operation will generate 1,288 new daity (1,078 truck and
2I0 employee vehicle) and 134 pm peak hour (90 truck and 44
employee vehicle) trips. ;
2. The applicant proposes the traffic distribution at 10% west of the
site and 90% east of the site along West Orange Avenue.
¦
r~ rre ~u ~eoo
FIV( 772 286 0138 '
~
July 3, 2008, Page 2
Kimley-Horn
~ and Associates, Inc.
3. Of the 1,159 daily and 142 pm peak hour vehicle trips that are
distributed along Orange Avenue east of the site, tra~c is
assigned as follows:
- Orange Avenue - Shinn Rd. to Kings Highway 70%
assignment representing 901 daiiy trips and 110 pm peak
hour trips
- Shinn Road - Orange Ave, to Okeechobee Rd. 15%
assignment representing 193 daily trips and 24 pm peak hour
trips.
In discnssing the assignmeat with t6e County,l5% of the project
traffic has been reassigned from Shinn Road to Sneed Road, for
a total of ZO%.
~ Conclusion and Recommendations:
This proposed mining operation along West Orange Avenue will
generate 1,288 daily and 158 pm peak hour trips and have a traffic
impact upon Orange Avenue between Shinn Road az?d Kings
Highway of 901 daily and 110 pm peak hour trips. The daily level of
service is "C" for this segment of Orange Avenue. The addition of
both proQosed and approved background tr~c from development
within 2 miles of this intersection will result in furthering
intersection deficiencies at the Orange Avenae and Kings Highway
intersection.
Additionally, another concern relates to the 193 daily and 24 pm
peak hour trips that are assigned to Shinn Road between Orange and
Okeechobee. Shinn Road is functionally classified as a nual
~ collector and operates primazily to serve local residential traffic. The
additional truck traffic generated by this proposed mining operations
development should be minimized aiong this corridor and, instead,
distributed and assigr?ed to primary arterial facilities such as Ocange. ~
See response above under number 3 in regards to traffic on
S6inn Road.
Staff recommends that the applicant calculate and pay their
impacting proportionate fair shaze for improvements to the Orange
) l
luly 3, 2008, i'age 3
~ Kimley-Harn
~ and Associates, Inc.
Avenue and Kings Highway intersection as part of theit conditions
for approval. This fair share should go into a specific account
designated to assist in financing future intersection improvements
along Kings Highway most notab[y at the Orange Avenue
intersection.
The calculated fair share amount methodology will consider the
additional i 10 pm pea[c trips that will accumulate at this intersection
together with the additianal service votume attained by the
improvement and the programmed construction cost at $5,60Q,000.
We have calculated fair ahare amou~tt based on 93 pm peak hour
project trips and a revised coastruction cost of 58,743,000. The
fair share cost based ou the County's estimated programmed
constructioe cost is $231,690. (See attached Table.)
We hust we have provided the information you require to fnalize your review. If
you have any questions, please do not hesitate to call.
S:W411U4I223004 MCZ Miniag T~cITRAFFIC1Rev RepoR 6-02-081Rev 7-21-08 rssponse to oomments
from St. Lncie Camty.doc
' w.. o
m n O Of
o U c~e. ~
~p m ~ M
G. ~ N N
~
a~~
Z~ o
~ m o °
~j ~ p ~ r~
m q co tt
'c~~i o U ~ n ~
=
~ n ~ ~ ~
.E ~
w
N J
^ ~ ~ ao IQ-
O
~ p t ~ O
N o cV
J a
~
~L. ~N y M
~ ~ ~ ~
Q a
3
Z
o ~Ic
~ .a ~ ~
V ~ o m c~
W~ m i ~
O ~ 'o v
~ ~ n
a ~j E o
~ °
w ~
y 3 v c m
~
Q W~ m ~ w
Z U$~aO ~
O c~ m ~ $
1= o ~ " u
~ N y
~ d
a.
p~C m~cm a
a a a m~ o 0
V r E m m ~
N~ o m
~ ~ ~
~ N ~ ~ N
w ~
U o
V a
~ o
~ = a
c
Y =
C
J 7
~ ~ ~
o Y
~ ~y 'v
~ ~
m c m
a
d > w
~a ~
~
c
C ~
Qf
~ ~ ~
a
a
c~
~ '
i
f
~
KimleyHom
~ and Associates, Inc.
TABLE OF CONTENTS
SE- PAGE
INTRODUGTION ....1
TRAFFIC GENERA'i'ION 3
DISTRIBi.J'I'ION AND ASSIGNMENT .............5
BACKGROUND TRA.Ff~'IC
............................................7
CAPACI'I'Y ANALYSIS .8
STTE ACCESS ....11
.
CONCLUSION
..................................................................................13
APPENDIX
........................................................following 13
LIST OF FIGURES
Fi ure # Tule I,~
1 Site Location Map
2
2 Traffic Assignment .......................................................................6
3 Driveway Volurnes
..............................12
LIST OF TABLES
T-~ Title p~
1 Trip Generation ............................................................................4
2 Daily Link Analysis ......................................................................9
3 Peak Hour Directionai Link Analysis .........................................10
Page i
i
~ Kimley-Hom
~ ~ and Associates, inc.
INTRODUCTIQN
A mining operation site is proposed on the north side of Oraage Avenue west of
Sneed Road in unincoiporated St. Lucie County, Florida. The mining operation is
expected to occur over a iwenty-year timeframe. Figure 1 shows the location of the
subject site. Access to the site is proposed via one full access driveway on Orange
Avenue.
Page i
~
a~? Kimiey-Hom
~ and Associates, Inc.
Figure 1- Site Location Map •
¦
. - ~ - ~
SY~ _ ;
~ :@~.
~ ~ ~'t i~' i . ' ,
~
~ i
?
~ j
~ ~
~ ~
~ ~ ~ ~ -
~ v+'" ~a 'l
' ( . ~.r .
. . . . . . . ' _ ' ~ ~ . ~
~ , I ,.ad ~f4a+~y,RO ~
~ ~ Y~
°
~ ,.".z',~ ~
Page 2
Kimley-Horn
~ and Associates, Inc.
TRAFFIC GENERATI~N
T'he trip generation potendal for the project was calculated using rates contained in
the Institute of Transportation Engineers Report Trip Generation, Seventh Edition.
The TTE Code for Warehousing Land USE (TfE 150) was udlized in the calculation
~ of peak hour traffic generation for the projected number of empioyees.
In addition to the employee trip generation, it is anticipaied that truck tzaffic wilI be
accessing the site throughout the day. A projecdon of daily and peak hour truck trips
were included in the calculadon of project site ttaftic (with operation time for
equipment down/repair rime included in projecrion). The daily operation (6:00 AM -
6:OOPM) data are summarized as follow, as provided to Kimley-Hom and Associates,
Inc. by the applicant:
Truclc Traffic: 539 trucks / day
2 trips / truck
1,078 ttucks trips I day
90 truck trips / hour
Employee Traffic: 75 employees
30 deliveries / day
2 daily ttips / employee and delivery
210 trips / day
It is estimated that the proposed mining operation has a potential io generate i,288
new daily trips, 146 (8I lAbOUDd, 65 outbound) a.m. peak hour trips and 152 (69
inbound, 83 outbound) p.m. peak 6our trips. Trip generation calculation for the
proposed project is summarizad in Table 1.
Page 3
~
~ Kimley-Hom
~ ~ and Associates, Inc.
r~sc~~
iNC7JCF,N!'RUM MINING OPERATION
TRIP GENBRATION
i.and Ux Dally AM Pnk Hour PM Pak Honr
Td Totai In Out TWSf In Out
Proooxd Sile Tra1Rc EmpbYKS'
Mining Operarion 75 2I0 38 27 li 44 ~3 29
~ Truck Tral[fc
539 1,078 90 45 45 90 45 45
Nd Ne+r Esternd Tiajfu 1,288 138 72 36 130 60 71
. ~hdudes 60 vipc pv d.y hom delivaia
, Nae: Trip geaeration wu cakuWxd using tLe followin6 data:
Dall~ Traltk Generetlon
Wuehousing T= 2 trips P~ ~AbY~
Trnck Traftic Proposed = 539 vucksMay
AM Pak Honr Tn1llc Generatioo
Wm6ousiag (TCE LS~ T= 0.51 per a~loya (7296 in. 2896 ouq
7ruck Trsffic Proposed = 45 bucb ia 45 tucka out. 1078 tips !l2 hn ot operaaon
PM Peak Hour Tntlk Gmerotbn ~~p~ ~
W arehousiog (1'fE 15~ T= 0.59 per anploya (35% in, 65% out)
T[uck Traffic Ptoposed . 45 wcfrs ia 45 trueks out. 1078 trips !12 Ns of operation
sPW/~7JIlOOt wrsa~inin~iraJf+NrufjM~err~pvn6dl-0dVrriPMi6ddoalcWa~iars.aisA~Pt~^
03007. Kunle~•Hom andAUONpp, /nc.
Page 4
I
? ~ ? Kimley-Hom
~ and Associates, Inc.
TABLEI
iNC7JCEK1'RUM MItVING OPERATION
TRIP GENHRATION
Land llse DaUy AM Pnk Nou~ PM Peak Hour
Td Tots! in Out Tobl In Out
Praoo~ed Sile'haftic Empbyev~
, hlining Operation 75 2I0 38 27 ti ea IS 29
Truck Trafftc
539 1,078 90 45 45 90 OS 45
Nd New P.xtenu( Tioffu l,288 1J8 7S 36 !30 60 71
~Lcludes 60 uipt prr d~y lrom delivaia
, Note: Trip gexration wu takuWted using ~6e following dsu:
Dail~ TraQic Generstlon
Warchouaiag T= 2 triPs P~ ~P~Ya
7rnck Traft"u Proposed = 539 wc?s/day
AM Peak Honr Tnflic Gencntioo
wmbousiag ~rr6 [S~ r~ o.s~ pu enwtoya (nx. ia 2fi~ w~>
Truck Tnffie Propoxd = 45 aucb ia 45 trucks ou~ 1078 trips !l2 pn of opentioa
PM Peak Hou~ Traflk Gmenlion /~O ~
W utt~ousin6 (1'fE 15~ T= OS9 per anploya (35% in, 6596 out)
Tnecic TrafFie Proposed s 45 ocuelrs in, 45 trutkt out. 1078 trips /12 fvs of opmtion
r.ro~ra177moI a~esnwiasingrN,y~iA,~.nepons~o¢4sV~nytra6-0aodarldlo~u.atsh~at'M
O TOY17, Kiwk~.Holn md AareNmu, lae.
'"b~4
~
'
? ~ ? Kimiey-Horn
~ and Associates, Inc.
DISTRIBUTION AND ASSIGNMENT
Extemal tra~c was distributed to the adjacent roadways in the vicinity of the
proposed project based on travel time characteristics and locadon of potential
customers as provided by the appticant. The traffic assignments for this project are
illustrated in Figure 2.
Using these distribution percentages, project traffic volumes were assigned to the
roadway network serving the subject site. Based on the development threshold in ihe
St. Lucie County Code, the base transportation impact study area is determined to be
all the collectors, major arterials, and aunor arteriais within 2 miles of the site.
Page 5
~
? ~ ? Kimley-Horn
~ and Associates, Inc.
Figure 2 Traffic Assignmeat
a
a ; ~ ~w.
SITE ' ~ '
•
I j ~
or+rwe'
~ ~ ~
2 0
~ . ~
: 0 1 ~
~ i E .R
~ ! ~ _~„~:r
t ~ ~ ~ +TJ~ ~
1 ~ ~
~ . ~ ic.~°Q r+r' ~ rta . _
~ f
, i ~ .
Page 6 L
i
i
? ~ ~ Kimley-Hom
~ and Associates, Inc.
BACKGROUND TRAFFIC
According to St. Lucie County standards for the preparation of traffic impact
analyses, background tr~c comprises two components:
• Historicat growth in existing traff'ic
¦ Cocnmitted traffic from the unbuilt portions of approved major developrnents
Existing Traffic
Existing counts were based on data provided in the Spring 2006 traffic data obtainec~
' from the St. Lucie Urban Area Metropolitan Planning Organization (1v80) which
were previously adjusted to reflect the peak season volumes.
Historical ~rowth
To account for t4ie twenty-year nnining operation, linear growth rates were caiculated
for each of the roadways links within the study azea. Links that expezienced negarive
or minimal growth rates were increased to 3% to present a conservative analysis.
Approved Projecfs
~ The St. Lucie Urban Area Metropolitan Planning Organization provided information
ai~out comznitted trips from unbuilt portions of approved projects. No committed
traffic was reported in the Spring 2006 MPO count data.
;
Page ?
~
Q } ~ a ' ' a
S
m
~
0 0
!:y p°' r~ Y z z ~
00 re
N
u o .`E : e ~
~ O. y~j N 'Q O~ O ^
r
g ~O ~O 00 O ~
w T N O. e~o N ~
~ a ~ ~ O T
~ ~ H oo ~O h N
Y
h
~'~q a ~ ~ ~ N ~ N
p
~ ~
FM o
y V
P e ~ o a o ~ ~
~ r ~ °
a
t
r ; ~
a w o~OO. o~OO, m d~+, ~
~ p ; e~ vn v~ v+
d
~ 8 8 8 8 $ -
. ~ a eo ro ao eo
R V q ~ ~ .M-r ~ ~
~q y V
0 ~
r
F N ~ O
~ N N N N N N
w r ~ Z O
O
~ a .e
t~l ,~Z' o ~ e ~ ~ ~°o $ .°o 0
. W~(~ ~ ~p'~ g f`i N N ~ m
~ W~ e~l e1 e'1 P'~
te-~~pa p° ~
.7 .1 - C E y.
~ F'~+ e a o ~t e~ . : • e~° a
W n ~ y O t~ t~ 1~ O O
~ ~ w ~ h h h ~ ~ ~
U ? g ~ ~ ~
~ : „ „ ~
A ; ~V N N N ~
h
V
~ ~ ~ ~ ~ g a
+ ~ ~ ~ ~ O
~ V ~
Y ~
A 0 ~p
N N N N N N ~ $
Z O s
~
~ u ~ ~
:.a ~
~ ~ Y
~ 0 3 ~ ~
. ~
~
u
~ a 4 ~ -~4 ~ ~
~ ~ ~ ~ aq Q o
F°. ~ v~i :n ~ ~ a ~ ~ ~
~ a g 6 ~
a ~ ~
~ ~ a o s~ ~
a~,~., ou a~ w a a o e~ ^
, e ~ ° ~6a~Oa'~ ~
w w ~ ~ v7 VJ ,Cp N ~ Z' ~ r~S ~
AS O V~ ~ !V
f
,i
0
Q
0
~
0
Q
~
~
~
~
Z
~
SITE
1288
~
0
~
~ o
m a
~4
ca~ 7 S ss csa~ ORANGE AVENUE
LECaEND
85 AM PEAK HOUR VOLUA~E
a 1b41 PM PEAK HOUR VOLUbtE
1Q$8 DAILY TRAFFIC VOLUME ~ ~
MCZ/CEMTRUM MINfNG OPERATlON
DRIVEWAY VOLUMES
NOT TO 3CALE ~ A~~ '
oa2zsooa ~
sV~~~o+~7~~ YQ YYi~9 irol6C~1~1AIF1CV~w RNa't 6~~g~pp~y~NiE f1AID ROAD.tl~9 nF7 ~w os. tooe k~s.~ sK a~a~~ Poga 72
~
~
J ~
' ? ~ ~ Kimley-Hom
~ and Associates, Inc.
BACKGROUND TRAFFIC
According to St. Lucie County standards far the preparation of traffic impact
analyses, background traffic comprises two components:
¦ Historicat growth in existing traffic
• Commiued traffic from the unbailt portions of approved major developments
Existing Traff:c
Existing counts were based on data provided in the Spring 2006 traffic data obtained
from the St. Lucie Urban Area Meiropolitan Planning Organization (NiPO) which
were previously adjusted to reflect the peak season volumes.
Historical Growth
To account for tl~e twenty-year mining operation, linear growth rates were calculated
for each of the roadways links within the study azea. Links that experienced negative
or minimal growth rates were increased to 39'o to present a conservative analysis.
Approved Projects
~ The St. Lucie Urban Area Metropoliian Planning Organization provided information
about comcnitted trips from unbuilt portions of approved projects. No committed
traffic was reported in the Spring 2006 MPO count data.
~
Page 7
i
' ? ~ ~ Kimley-Hom
~ and Associates, Inc.
CAPACITY ANALYSIS
A link capacity analysis was undertaken for each link considering its total traffic
volume and the roadway laneage to be over the twenty-year of the mining operation.
Total.traffic is defined as the sum of existing tra~c, historic growih, and projeci
traffic. Projected total traffic condition is shown in Table 2 for daily conditions and
Table 3 for peak season peak hour directional conditions.
The level of service capacity for each roadway link is defined by the capacities
published in the F7orida Department of Transportation's 2002 Quality/Level of
Service Handbook In accordance with St. Lucie County standards, roadways were
evaluated using the criteria of Level of Service D for dai~ly conditions and Level of
service D/E for peak haur direcdonal conditions.
Based on this analysis, all links within the project study area are expected to meet the
link level of service standard for daily and peak hour directional conditions over the
twenty-year mining operation.
PaBe 8
i
i
h
Ho ~
~ „1„ a ~ Y~ ~ ~ ~ O.
~ m
~ ~
A a
e
~ V p. M
4' 6 t~~ ~ ~ z z
~e
H
~ R o i~ e e 'eQ
~ ~ N r~i a Q O n
~O ~C CV G C ~
T N O. O+ t~ e0
~ O p n n O T N M
~ ~ 00 ~O 1~ N
Y
Q a N O ~ N O ~
~ ~ R a _ ~
F
~ °
~E ~ b o ~ o ~ ~
.T e~ n
t
Y
r ~ 'b' $ °v ~ N co~
a w oo ao ao ~n
,0 0 ; l~ V1 Vf H ~
d
0
Y' '~T g g g ~ ~
$ ~ _
~
m
F O er N N N N N
~ ~
~,~a< ; $
w~~e e g s~~~ s ~
~z~at ~ ~ ~ ~
d~uz o3
'
c ~ ~
a~e ~ ~
w a b~ o ~ ~
~ ~i vi r: ri ri ~
~ T~ ~
~ Q~ g~~~ ~ ~ ~
~ , .
e=~ ~ ~
~~ss ^ s ~
w~ ~ ~
~ N f~V N N N ~V ~ ~
~
~ O
~
~ u ~ ~
. ~ ~ ~
~
. ~
~
'9 a ~ e :
~
F ~ rn +A ~ ~ pi ~
~ G ~ g ~ y ~
u
~ ~ ~
o ~ ~
a g $
q ~
a. ! o a a x w o~~p ~ S ~
i 8 y ~ Gfii O~ri 'C ~
: ~ ~ ~ ~ % ~ ti z ~
a o ~ ~ .:N
I
y E g
~o~ . } ~
0.
~ L ti
p } } } Z~ 14 }
~+e ~
a"'
" ~~xx x x
e
~ « o a _
r p n ~
~ Y ~ ?
~S~ - ~
1'^
h ~ m _
• _ _ P ~0
Z v~ ~ f en
O ~ ~ f v~ ~ ~ .y
S p
Y
~ ` ~ r N ~ b ~ ~
• ~
Y
X e ~ ~ ~ ~
o ^
` ~ . ~
g . . < »
m
y m~yp N
_ 'r W V ~ I~i n P v~
0 .,7 • L
~ ~ y
~ ~ ~ ~ ~ O O $ o
m r i P M
o~ R
: $ r ~ r ~ n ~
x~
m _
~~Q~~ y .
~ = ~ ~
as~~ M a
Z
~
~ e ~
~ ~ ~
~ ~ M ~ ~ ~ M [
xa 3
s~ $
~ ^ ^ ~ .
» ~ ° ~ ~ ~ ~
~ V p ~
g 3 « ~ r ~ ~ ~ ~
z :
s ~
~ 9 ~
~ 8 ~ ~
~ ~ ~
~ ~ ~ ~
~ ~ ~ ~
~ ; ~
;~d~
e
` ~_~~~~=~~z
~ o ~ ~
~
i
. ~
a ~ ? Kimley-Hom
~ antl Associates, Inc.
SITE ACCESS
Figure 3 illustrates the daily and peak hour project traffic votumes entering and
exiting the proposed site. The applicaqt is willing to provide tum lane improvements
at the intersection of Orange Avenue and the project driveway.
Page 1 i
!
~
~ ~ .
l
0
Q
0
a
0
Q
~
w
~
~
z
~
SITE
1288
~
0
~
" o
ap a
~4
ts~ ~ S t es csa~ ORANGE AVENUE
LEC,END
85 AM PEAK HOUR VOLUME
~ Ib41 PM PEAK HOUR VOLUAlE
1288 DAILY TRAFFIC VOLUI~E Fl~~ ~
MCZ/CEMTRUM MiMNG OPERATION
DAIVEWAY VOLUMES
t~tOT TO SCALE a~~ I
oa~rlsooa '
sV~~~w,awo+ r¢ w'+~y r,orse\~~xN« wv~ e-ox-oeWHwc xwo ao~o.e.o nF~ ,~r os. zooe t.~e.~ sx ~.a>.~e.a Poqa tz
~
i
~ KimleyHorn
~ and Associates, inc,
C~NCLUSION
A mining operarion site is proposed on the north side of Orange Avenve west of
Sneed Road in unincorporated St. Lucie County, Florida. The mining operation is
expected to occur over a twenty-year timeframe. The tr~c analysis shows that all
roadways within the study area aze expected to operate at an acceptable level of
service through the twenty-year mining operadon.
Page 13
, . .
? ~ ~ Kimley-Hom
~ and Associates, inc.
APPENDIX
~
i
e o e o
~ ~ 00 i~ O
~/'1 M I~
C O ~
a~
O S N t+~i
[
~ ~O O~ V'1
.,R ~ N
~
,q:,:;;:.;;;:;zi:
O O O O
~ L"~ ~ ~O en N O
~ ~ N
!,1
O O O O
~ M O O
~~;z ~ N
•,:s:~~~:~ O O O O
~i;; M O~O O~
~,..~J.:' ~ .-r
6f'<:''.
d:8'.;
O O v ~
's~~~ ~ o~o N
~S.?' . ~
~:;C, .
F: .
~n.. ,
n~ i:
ai?" - O O~pi N p
~~i~i(is~~:
p~,','ts. . ~
J.s~ i
O 0 O O
~.s"'~ ~ OO+~ ~O ~D
„;AS 00 Oo OD o0
'Qi
•c»a~.
N;;~~.,
~z~~~{::
N N N N
~'i~';i^.iS;
~XS`a':
_`4ti~..~v~;i.
•;125`'''F O
: , 't,p
~
?
~
" :
`
' .r'a
~ti:~i':~:: ~
>:4;W;r?;
t'S :?:::y; ~
~ U CG
i'ii'M;~{ a~ ~ a~
~ p
'U O Q O
yz..5t~: 0.~' ~ ~
~.e;i;~. ~ ~
ic
.
~L
.`.~es~~'' .f+" O
V] ~ ~
:;~a'
a°3 : v~> o o o .
i~>,,, o
a~¢ '`x`~`~ W W vi Z
.C 1~>'
;:R; cv a o~
~>w:~:; v ~ v vi
O P[S: ~
V "
:
::t":k`k';~.
~ vi:.,~"~,A.:F<:`y;i
St#2,JidF:
:r,~u::
~
j ~;''~"~i
y ":~~j,'~.,..,` >
<::x~~: ~ b a ~
a =::r; ~ ~ ~
~ ~
v~ ~ ~ ~
;
. ;
1
ITEM NO. VIII
- , ~ .x _
, _ . ~ . -
~ r
~ ~ DATE: 12/7/10
•
• • ~ • AGENDA REQUEST REGULAR ( X )
PUBLIC HEARING ( )
LEG. ( )
QUASI~ID ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Susan Jacob
SUBMITTED BY: Housing and Community Services/Library Library Manage
SUBJECT: Library Branch Expansions
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 310001-7110-562000-762 Buildings
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of the expansion of the Zora Neale Hurston Branch Library and bid
award to Sisca Construction Services, as outlined in the agenda memorandum
and authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER '
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
County Attorney O L~.~`~ F OMB Director O~~n
Budget Analyst i~~
Daniel S. Mclntyre Marie Gouin
Robert O'Sullivan
Originating Dept. Or' s~~'~:~ Purchasing O l q r
Beth Ryder Desiree Cimino
Parks and ( ) 'U
Recreation and Debbie Brisson
facilities
Housing and ~
" Community Services
•
, . ~ . MEMORANDUM
TO: Board of County Commissioners
` THROUGH: Beth Ryder, Director
FROM: Susan Jacob, Library Manager ~
DATE: December 7, 2010
SUBJECT: Library Branch Expansions
ITEM NO. VIII
At the informal Board meeting on November 23, 2010, a discussion about the energy improvements
to the Hurston Branch's expansion plans identified the need for a background summary on the
trajectory of both the Hurston and the Morningside Branch expansion plans.
Zora Neale Hurston Branch Library Expansion Background
In 1987, the Friends of the St. Lucie County Library purchased property on North 29th Street and
Avenue D for the construction of a new library. The Friends donated this land to St. Lucie County and
the Zora Neale Hurston Branch opened December, 1991. This 5,200 square foot facility was designed
with the long-term plan to expand to approximately 10,000 square feet.
Expansion of Hurston Branch was first included in the Library's 1994 five year capital plan with a
projected construction year of 1998-1999. The new downtown Fort Pierce Branch and the
Morningside Branch were also on this non-prioritized list.
Over the next 10 years, the Library developed five year capital plans with the Hurston expansion
projected first for FY 2003 and then again for FY 2008. In FY 2007, the project was anticipated to cost
approximately $1,200,000, including furniture, fixtures and equipment (FFE) and it was projected that
in FY 2008, $1,000,000 of that sum would be available from impact fees. The remaining capital funds
of $200,000 were committed by the Friends of the Library to cover the projected shortfall.
The construction plans for the Hurston Branch expansion were completed in August 2009. The project
went out to bid on January 20, 2010. Sisca Construction Services was the low bidder at $667,269.
The original bid was valid for 180 days. Sisca agreed to two additional time extensions. The current
extension expires on December 15, 2010. When FFE costs of $200,000 were included, the cost of
the expansion would be $867,269.Currently the impact fees available are $1,134,494 in Zone A. The
total cost of this project, including FFE costs can be covered from Impact fees. Subsequently, the
Friends have withdrawn their support for the capital part of this project.
The Library system currently has 63,000 square feet of facility space which places the County well
below the state-recommended standards of .60 square feet per capita or 159,901 total square feet.
Hurston Branch's expansion is planned to be 4,200 square feet which would bring the County to
67,200 square feet.
T
Library Branch Expansions
Item VIII
Page 2
Morningside Branch Library Expansion Background
The 20,000 square foot Morningside Branch opened in 1993. The expansion of this branch by 15,000
square feet was first included in the 1994 five year capital plan and was last estimated to cost
$5,082,097. However, expansion plans for Morningside stalled at the conceptual stage to address
the requirement for additional parking. In addition, the relocation of the SLCN studio to the
Administration Building created a need to re-examine the conceptual design to incorporate this space
and develop a more cost-effective design.
Budget Reductions
As a result of the expected decrease in funding due to the loss of property tax revenue, staff was
charged with making recommendations that would result in cost saving measures. At the May 2010,
Strategic Planning sessions staff recommended that the two smallest branches, the Hurston Branch
and the Port St. Lucie Branch (PSL) be temporarily closed. As a consequence of the closures, 16
positions would be eliminated. This plan would have resulted in an estimated savings of $818,000.
The Board of County Commissioners requested an alternative plan to ensure ongoing services for
residents. Library Administration proposed an Express Service approach which would keep PSL and
the Hurston Branches open two alternate days per week using a shared and pared down team, which
would result in a total of nine eliminated positions instead of 16. Costs for this service would be
approximately $295,000 per year, which still resulted in a net savings of approximately $500,000 per
year in operational costs.
As a result of these changes, during the informal Board meeting on August 31, 2010, staff asked for
direction from the Board on continuing the expansion projects. Since the Morningside plans were still
only 10% completed and additional space was going to be available as a result of the SCLCTV
moving to the Administration Building, the Board directed that the expansion of Morningside be
postponed and a new conceptual plan be submitted at a future date.
Commissioners discussed the significant construction cost savings ($283,000), as well as the
additional operating costs to the County should expansion of the Hurston Branch be constructed. The
Board asked that the Library explore the possibility of the Friends of the Library funding, on a time-
limited basis for the anticipated additional operating costs for Hurston.
On October 11, 2010, the County Administrator, the Director of Housing and Community Services and
the Library Manager met with the Treasurer of the Friends of the Library. At that time, the Friends
made a two-year operational fund commitment of $75,000 per year (see attachment). These funds
would be used to hire a full-time Children's Specialist at $65,000 per year, restoring children's
services at this branch, and $10,000 per year for anticipated increased operating expenses.
At the Informal Board meeting on October 26, 2010, the Board was notified of the commitment by the
Friends of the Library. In hopes of further reducing operating costs, the Board asked that alternative
energy improvement options be explored for the Hurston Branch expansion. The Public Facilities
Manager estimates for a portion of this modification are attached. Known costs (including
contingencies and FFE) for the expansion total $990,769, and remaining impact fees of approximately
$143,725 for other energy improvements. There would be no impact to the General Fund for
construction and with the Friends of the Library funding, no projected additional operating costs for
two years post expansion.
r
Library Branch Expansions
VIII
, Page 3
Recommendation:
Board approval of the expansion of the Zora Neale Hurston Branch Library and bid award to Sisca
Construction Services, as outlined in the agenda memorandum and authorization for the Chairman to
sign documents as approved by the County Attorney.
Attachments: Alternative Energy Cost Estimates
Friends of the Library Memorandum
Impact Fees Available
Bid Tabulation
' 11; '?3/; U li; 7r24621°40 P:;R!<S ADMIN SLC ~='^l"L ['t
~ M
~.~~~mm w~~ w."f"1~!~ .~1N.~..rrl . ~
/ ~ _ ~ f . '~~(I?;.~ ^~~'!\T.N~)t4~1~w•~i'$~]`e~~ . ,
\ J .
~
~ S DEPARTyTE~~IT OF CC.'VTR.~I~,
sr~,.VZCrs
s • ~ , • ~
~j~
~"~.,;,.~,.e,.::~...
~
~?nt~= Novembcr l0, 20.10
7'0: Faye tiV. l~utla~v, ~~a1, County Adrrti~~ista•Atnr
~'ron2: Ro;er t1,. Shinn, P~tblic .Facilitie,v yjapagerC:C
t~mu~h: Debra i3risspn, Park.9, Rccreation and Z'ublic F~cililics Uirc:Ctor ~j(,~
G'
~+~k~.jecl: 7ora Neal IZu~•ston $rancv .T_ibrary Ex~ansion Ene~•g~ Ittap:ro~~emcnt;
+ w v~ r w~~ ~ ~ ~ a M~~~ ~ N w~~~~~¦
• t w w~ ~ M i~ M A~ t 1~ 11~1 t ~ A 1~ A~~ i 11 O M 11 w 1 h~~ ~ n~~ ~ w
tit' ~ 1~av,; acqt~ircd sorne of lhe cstima.tes for the energy improvement5 at the 'Lora tiTe11 Hurston L'ranch
Lihrary. I'he improvetnents to the existing bui]d~ng~ ~h~~~ne out thc a~c ~~nd adding t!~e facility tu thc ei~err,4~
~n:jnager.>>nt systeII~, are being added io thc planned expansiqtt, The alc ~hange out is cstimated at :~35,0)0
~n~i addi i~, the newly expanded facility to the enerav management ;vst~n; ig esi~mai~,~ at ~t~,U40 T7~
. ~ L cIC es
~~o( inclu ~e the engineering, desigia cosr.s or addit~ao»a~ co?tiracto:~s fees ass~~ciated ~vith ~he addit~onal N;,rk
have 1,134,494 in impact fces ftom 7o~ae A. Our bi.~3, ~vithout th~ ~I~;~flges menti~~ncd, is u , .
G67,:.~i9. Tlie
~'rl~ is e~(. mated at an additiona.] $250,000. Th~ totai estimatcd cost ~~•ith a intin~enC~ i:; .~os0 f~(;(~ _
~~1~;{nyes rnentiened. The remainin g fiin d s a.~~ a i l a b l e t o p u r s u e t he ener•o p'~ 1 0 t~ `
ay irr,.~~rovemcnts stan~J tit'hJ34,s~~,t
o o b tair sound estimates for a photovoltaic systetn J~as pt~oven Io he ~ri.~re of a challen c
t~nr~nsti~~er.J questions and th~ bid ex~iration of.Deecmbcr 15. 2010 i.; - uiclc~ a rl~e~'z still
. Y PProach,ng. ~
.F~~ il~ to ~;et a clear picture of 11ie cost a.csociated for the p
t~z~' roof fqr feasibility and ad~-isc us i'f modificat~ion harc neca~.
sar; t W1,ile wcf'h:~vc~ tf ~np~~~~~,• t?
. h,~s i~o hist~ric requirements for structures in this area, the Architechira( Rc~view Boarr, does~ Tl;e tl~~-i~ a~`r,
b~~ n~uc ~ as a 1~500 a~iplication fcc from TPTJ/1. depending on ihe K1~J c~f th~ system,
1t i5 for these reasot~s that ~r•e request permission to proceed with lhe com~•act and »ddr~ss thc ,,h1n~,~ -
cl~ange orc(rr to 'he e~~ntraet. ~1'e can evntinUe to coJlec,t the inforn~at~io>> ne~:ded, p~ssibly to include ;3y ~~5
for photc,~~oltajC 53~stent with littlc or np cost lo the C~un1~-. ZL'ithout ccric~uS corn~ilic;~lions, wc ~_,ln t ear~e,
th~s :~s a separate project irt lhe ti~lu?-e.
~~CEIV~C
~•;llU l. ~ ;
C:C. ~~~~V!iNf~T~ ~~;~~1~J'J
r
~ , - - Housing and
~ Community Services
. • . • Library
MEMORANDUM
TO: Faye W. Outlaw, MPA, County Administrator
THROUGH: Beth Ryder, Director ~
FROM: Susan Jacob, Library Manager ~
DATE: October 12, 2010
SUBJECT: Friends of the Library/Contribution to Operating Funds
On Mor~day evening, October 11, 2010, a meeting was held with County and Library
Administration and the Friends of the Library.
Present at the meeting were, Faye Outlaw, County Administra#or, Beth Ryder, Director of
Housing and Community Services, Susan Jacob, Library Manager and Padrick Pickney,
Treasurer of the Friends o# the Library and the organization's designated spokesperson.
We met to discuss the feasibility of a significant financial contribution from the Friends to the
County's General Fund. This money would be designated exclusively for the Library's operating
expenses and is contingent on the BOCC moving forward with the Hurston Branch expansion.
The Library Manager has asked that the requested money fund a full tirne Children's Librarian
and that an additional sum be set aside for the estimated increased operating expenses of the
Hurston Branch which would double in square footage.
The County Administrator has indicated that while this plan would increase the square footage of
the Branch, it is not indicative of increased service hours, which will remain at 2 days per week
for the foreseeable future.
Once the Expansion is complete, the Friends have agreed to fund $75,000 per year for a two
year period ($150,000 total).
Cc: Lee Ann Lowery, Assistant County Administrator
ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM
~ CAPITAL PROJECT SUMMARY
PROJECT NAME: Zora Neale Hurston Branch Library Expansion PROJECT 15013
DEPARTMENT: Libra DATE PREPARED: 4!1 /2008
DIVISION: Library PROJECT MGR: en Hall/Susan Kilm
TYPE OFPROJECT: NEW CONSTRUCTION: x RECOMMENDED: YES NO x
RENOVATION: APPROVED:: YES NO
MAINTENANCE: REVISED: - YES NO
, . :
PROJECT DESCRIPTION / JUSTIFICATION: `
This facility opened in December 1991 with plans for expansion as community need was established. The building is just 5.200 square feet and no
longer adequately meets the needs of the community; the building was designed to add an additional 4,500 square feet. The County owns
' sufficient acreage for expansion of the building and for the additional parking that will be needed.
TH~IS PROJECT QUALIFIES UNDER ARTS.IN PU~BUC PLACES' (AIPP) ORDINANCE YES~NO ~
r
~UNDH~IG~ SES~,~ARRYUVER: ~Y08'i09~€ ~Y 08~.9 ~ ~1f D~ 10 `~«~-~FY ~0 a~~ . ~Y !-~2 ~ ,;,fY~2 ~3 ;FY13 14 'ti'-~fEAR
t a r
~ . _ , a = • M., =c y, 't ~ r ~'t~ PLi~ .~i
~ ~ ~ ''r ~ v ~'ti'
i~"` :~s~;~ ~ _:;~~FROM fY,~8_~'. : NEW . . ~BUDGE7 _ - PLA1!~ ~ . : PLAAI. PLAM P.~17d_~
,--,`~l :OTAL~~~
: 0
'~t Land ~Y:: , p
3 .
B~Udings 150,000 1,350,000 1,50Q000 1,750,000
~mp Q/T Bldgs _ ~ p
~ AIPP :~:0 D . 0 ::0. ~p; _ p" 0 ' 0
TOTAL , 150,D00 ;{.1,330,000 ; ;.1;500;000 ~ , : ~ D 0;" , ' 0 ,0 . , 1,750,000
, } ~ 3
_'1;•: ' t
~ = ~ ~ ~a: ~ ~ ' ~ f ~l(D8;09 s D8-D9~ r ~Y 0910 FY ~A ~1 ~ ~ ,.~Y~~'':i 2r ~ FYax 'f 3 FY'! 3 a 4" x~',d- 5 YFAR
F.UI+ID7NG SOURCES 814Mi3UNTS = ~ z ~ 3 ~.m.~ ~ ~ c ~ ~-w,~d
°._s >r.. : ,u._• ~ NEW , BUDGET P_LAN= y ; ~y, PL:AN ~
~"-'pIAN PL`AN~ „ . E~.`~PL~N.-~'~`h~~J07AL. „
, Generai Fund (001) p
' Impact fees 1,100,000 1,100,000 11,100,000
` Friends of the Library (316) 250,000 250,000 250,000
Stategrant 0 0 , %p
0
i.. ' TOTAL- . 1;350,000..., . A,350,000 . r D _ •a;,' , p:: ' 0 . 0, 1~350,000
~PERi4~ING aMPACT _ t ; ~ , `p ~
tinclr~desadd l personne~~i~eds a~,anrell as;anY*- -FY 06-09< ` fY 091A
~ fY~~D 19 t~Y~11=~a~ .~F~Y
12,13 ~Y~3;1d ;~:YF~R.,~
; : . _ , : _
• ~ * ~ `other-operating needs.). , , , - :
-HUDGE7 ,-,4 BtJDGET_ -u. Bl7DGET z °BiiDGE~ ;.='Bl]DGf~~ ~t ":BUD"GET~~"~.~ TOT'~A~ `
.
~
Number of New Positions Needed 1 ~
Estimated Operating Impact 72,000 110,000 120,000 302,000
REMARKS:
Budget from the Friends of the Library ($250,000) and the State Grant ($500,000) will be funded once the agreements are in place. Revised
6/3/08
CAPITAL IMP REQ CIP09-001 ACCOUNT 310001 - 7110 - 562000 - 15013
ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM •
CAPITAL PROJECT SUMMARY
.
PROJECT 7505
DJECT NAME: Momingside Branch Library Expansion
DATE PREPARED: 411/2008
PARTMENT: Library pROJECT MGR: K. Hall/S.Kilmer
'ISION: Libra
RECOMMENDED: YES x NO
~E OF PROJECT: ` NEW CONSTRUCTION: x YES NO
RENOVATION: APPROVED:
~ REVISED: YES NO
- MAINTFNANCE: `
OJECT DESCRiPTION / JUSTIFICATION: .
The building was opened in 1993 with the understanding that it wouldSchoopD stnctb Expansion b sed on the or gh
apconstructi n1plans calis foh a
St. Lucie County Board of County Commission and St. Lucie County
15,000 square foot expansion. This facility is one of the busiest facilities in our library system.
IS~PROJECT QUAUFIES UNDER "ARTS IN PUBUC PLACES (AIPP) ORDINANCE: YES~NO
- , , 09 90 ~1 .F~Y 1U
a1~L~~'"~7~ ~ ~ =r~LAN3~" ~ PLAN~ _~.T.O-~~LN`-
~';r• ~.~t/4RR~QlIER xF108-09~ F~( 08-Q9 ~ { ~Y 4..y~- r = "E 'z
~]~1DINGUSES~,~:~ ay , s'~ BUDGE~~, ~..,.P,LAN,., _~P1J~Nr_.~~ w,:PLAN_.a-~s_. _
F:z~~ ~~~"..~'~~,FROIRI ~ DB,. = NEW : 0
Land "w j ~ 5,250,OD0
Bwldings 450,000 4,800,000 5 250 000 p
; D :
. 'Imp O!T Bldgs ; ~ ~ 0 , , 0
,
_ p s: 0 ; 0 0 U. D
0 5,250,000
. AIPP ' ' . ~ : :
' " ` TOTAL ` ? 450,000 , ~ 4,800,000 ~ 5,250,000 ` , ~ '
~ ~ ~ t. ~ =
, : ~ ~ ~ ~ , ~ ~ ~ ~ fY12 l3~~ ~~~Y~~ A.~~ ~~~XFA
{ ~ FY08-09 ~ ~FY OS-0S ° E~f 0910 ~ ~1(1~0~ 19 FYi~ y1Z ~ ~
jNDI G:SOURC£Sz8J#MdUl+l~'S ~ ~`.,~~~.;PLAM.~'~~~~~~L~N:~"'~,~~y-P'~'~`~`~`~~~'~~A1~~-
~
G,F~.~~~ t~ - ~ ~;_w NEW= , . :BUDGET. . , ,PLAN .~LAN-~ ? , . . a
z,~ ~ :
General Fund (001) 4,800 000
, Impact fees 4,800,000 4,800,000 p
0
0
0,, p., ' D 4,800 Od0
TOTAL° 4,800,000 4 800,000 ~ fl '
~
~ ~ . : b ~ ~ 1k~~.
` ~ ~~.5~4 ~~:k~ ~ s~'~ s'~~ ~~T"'r"~~y~~~'~~. ~.:.~„h~'~ ~x~-~.
DPER~,TiNG aMP~4CT~ ~ ~ ~ •z~,.. ~.~.,:T ; ~ ; ~ ,~f ""Y1~ ~lf ~'.~l~12 ~ Y~~3~~
' ~~~~~~~~~J~2~~'LL
Iti~~ades
at~c1'~`r,~~n ~~eeds as well as any ~F~'08-09= 09 ~A FY-~ 0 -.-.aGETt~~ ~ B~DGETs~?~x~L~DGEf~~~TC~'~1KL~ `
~,~a~ ~ r~~ x f ~ r. <BUDGET 3;
` BUD6ET r.$UDGE~:~~' ~ $I3D
othernperating~eeds:~._
~.x _
. ~ . , ;F , - 2 1 3
Number of'New Positions Needed
~ 175,000 215,000 225,000 615,000
Estimated Operating Impact
;EMARKS: _
ACCOUNT 310001 - 7110 - 562000 - 7505
;APITAL IMP REQ # : CIP09-002
T'„ N O O M Cf ~ N M f~ ~ r- h
~ O (O ~ Lf~ ~ t~ - (D ~ O ~ O O r-
t~ c- N EA tY ~(D ~D ~'i ,w c'7 O O O tn (O OD
e-n ~ M c- ~ I~ l1j 01 e-- O N N ~ CD N
-r.:; O1 CO Efl M~ M tfJ ~G O1 N~ fA aD 00 (O Qf
p=: a N ~ 69 N 69 p:'; a a0 fA O N c'~ et
yN: ~ ~ ~ N~ ~ tfl ui ~ ui a=
m ~ ~ ~ m ~ ~ ~ ~
~
r~
x~
~ ~
; e~ u) ~ M~ N N (O tn O N N 01
(O f~ Ch ~ tn O1 t.. ~x (O EA ~ ~~O
`t~s~'. G1 I` I~ N c-- M ~ ;•~t. 01 O O I~ I~ M
~ CO O N N s1' t!) u~ a0 00 ~
e~:~ E d4 ~ EA ER N ~r CO N t~ CO N
p~~ 00 c- ~ ~ 00
+r ~ ~ ~ v ~ 69 EF} b9 ~
W r» u~ W ~ ~
:
-xr;
;
u..
~
CO ~ M~ l~ O ~ CO ln O N N O>
(O ~ 69 r ~ 60
1~ ~ N ~ c'7 O 3~ O O h 1~ M
p~"*, jp tD rn N N sf N ~ iri tf> aD aD a-
O ~ EA 1~ ~ CO N (D CD N
T:
~0'~ .~-~I.~i C'7 fA d3 fl'? N .p~ V CO ~ i"' Op
C1 ~ C~ ~ d9 fA E+H ~
Q EA /A Q 69 EA
T~ ~
~
~ ~'Ct I~ ao ~ 1~ (O h aD t~ t~ 'ct ~
CD I~ N N~ a0 N i CO ~(O O~ t~ 00
~ i~ r aD {D ,~w~' O M N O tn CO ~
~ 0> ~ ~ (D N oD ~ ~,~,2. C~! ~ ~ `7 N O> ~ ef
O ~ M t!') OD M
CO a0 69 oD (O tn ~
fl~ ~ c'~ Vf ~ EA ~ ~ ~ a aD b9 O ~ N tD
M~ ~ e-- ~ 3V~ ~ CD tn r
``"~d m E,9 EA 69 ~ ff3 d~ 69 fA ~
m
~ ~ . ::K~~ d
-~.-y ~
H
C
C ~ C
o a o
~ Z'
~ c ~ ~ c ~ ~
d`° N a~i c. ~ ~
Ew ~ ~w~J a
~
y ~ J 'C
~
~ V ~ ~ J V
~ a ~ ~ Q ~ .O N '
O ~ :a J = ~
N N d ~ m O ~D GN1 a O fn
~ ~ p~j ~ ~ ~ = m O = ~ ~ ~ ~y ~
W~«.. N~d =.$a d ~=EcH
W~ N 3 d w~~~ N ~ 3`~ ~6 Y
i ~r.. C Q ~
~ N ~ G 'II ~ = W ~ ~ ~ ~2 ~ W m
d ~
V v~i ~ m a N; ~ ~ ~.,~o~
~ co 0
aC Q cC0 d~ ~ r t~ V ~ ~ n r~ ~ G1
G X C N y C ~ H ~ C
W Q m,~ ~ O C l0 m m ~ O O O = R
~ ~ } c m ~ m " °~m ~ c m ~ d ~ ~ ~ am
a ~c i c w c~ ~ c ~ x
s W ~
m
m a~i ~ .d O~i 0~f X ~ O C W .y y~n G' o 0 0 'a
J~ J m~ J W 1- W J m~JW ~ I~W
0
0
N
~
N
O
Hurston Branch Library Energy Improvement Calculations '
$35,000 ~C
$60,000 Energy Management System
$28,500 30% of $95,000 (Design, Engineering)
$123,500 Sub Total
$667,269 Construction
$200,000 FFE
$867,269 Sub Total
$990,769 TOTAL
$1,134,494 Impact Fees
-
99~ 01769
$143,725 Available for Other Energy Improvements
Cost estimates are based on figures provided by Central Services
s,.~..,' '°~p~''S~"~~ a ~r g,,~~-Y~s;., ~~~s~:
BOARD OF
COUNTY ~ PURCHASING
COMMISSIONERS • ~ DEPARTMENT
r.w~.~,..~,
TABULATION SHEET - BID #10-009
HURSTON BRANCH LIBRARY ADDITION
OPENED: JANUARY 20, 2010 AT 2:30 PM
FIFTEEN (15) submittals were received for subject proposal:
Total Bid Price
SISCA CONSTRUCTION SERVICES
5589 Okeechobee Blvd., Suite 102, West Palm Beach, FL 33417
Tel: 561-686-5545 $ 667,269.00
Fax: 561-686-5459
BARTH CONSTRUCTION INC.
1717 Indian River Blvd., Suite 202A, Vero Beach, FL 32960
Tel: 772-778-3072 $ 701,057.00
Fax: 772-770-3017
BAYVIEW CONSTRUCTION CORP.
4826 SE Railway Ave., Stuart, FL 34997
Tel: 772-283-9300 $ 707,156.00
Fax: 772-283-9042
VALCOM DESIGN 8~ CONSTRUCTION
3125 Fortune Way, #16, Wellington, FL 33414
Tel: 561-586-2844 $ 708,491.00
Fax: 561-586-2834C
C ~ D CONSTRUCTION INC.
695 South Range Road, Cocoa, FL 32926
Tel: 321-639-9198 $ 713,338.00
Fax: 321-690-2291
OCEAN GATE GENERAL CONTRACTORS INC.
2854 S.E. Federal Highway, Stuart, FL 34994
Tel: 772-283-6744 $ 717,657.00
Fax: 772-283-1538
HEART CONSTRUCTION LLC
2830 Scherer Drive, Suite 320, Saint Petersburg, FL 33716 $ 725,000.00
Tel: 727-572-8022
Fax: 727-573-0474
CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2~ PAULA A. LEWIS, District No. 3~ CHARLES GRANDE, Distrid No. 4~ CHRIS CRAFT, Distrid No. 5
County Administrator- FAYE W. OUTLAW, MPA
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428
website: www.co.st-lucie.fl.us
BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. INC.
3606 Enterprise Ave., Naples, FL 34104 $ 737,724.70
Tel: 239-643-3343
Fax: 239-643-4548
PAUL JACQUIN ~ SONS INC.
7348 Commercial Circle, Fo~t Pierce, FL 34951 $ 739,935.00
Tel: 772-465-2475
Fax: 772-466-2806
HEAD MORACA INC. $ 751,431.00
250 NW 4 Diagonal, Boca Raton, FL 33432
Tel: 561-347-6915
Fax: 561-347-6906
HENNIS CONSTRUCTION CO. INC.
18500 Glades Cut-Off Rd., Fort Pierce, FL 34987 $ 764,000.00
Tel: 772-464-2404
Fax: 772-464-4114
DAVID BROOKS ENTERPRISES. INC.
9000 Burma Rd., Ste, 101, Palm Beach Gardens, FL 33403 $ 770,300.00
Tel: 561-626-9960
Fax: 561-626-9980
MCBAYNE'S CONSTRUCTION 8~ RENOVATIONS INC. ~ 823,006.19
19441 NW 53 Court, Miami, FL 33055
Tel: 305-620-8747
Fax: 305-620-2909
CAM GROUP LLC $ 7g7,600.00
15375 Sky King Drive, Port St. Lucie, FL 34987
Tel: 866-652-9050
Fax: 772-293-9266
BILL BRYANT S~ ASSOCIATES INC.
1550 Old Dixie Hwy., Vero Beach, FL 32960 $ 828,808.00
Tel: 772-567-0045
Fax: 772-770-1460
Number of companies notified*: $29
Number of bid documents distributed*: 115
Number of bids received: 15
*per demandstar.com
CHRIS DL4DOVSKY, District No.1 ~ DOUG COWARD, Disfict No. 2~ PAULA A. LEWIS, District No. 3~ CHARLES GRANDE, Distrid No. 4~ CHRIS CRAFT, Distrid No. 5
County Administrator- FAYE W. OUTLAW, MPA
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428
website: www.co.st-lucie.fl.us
~
AGENDA REQUEST ITEM N0. ~
i;-~~~-~--,~~- DATE, December 7, 2010
~
• REGULAR [XX]
. .
PUBLIC HEARING (J
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre
County Attorney
SUBJECT: Agreement with Solar nnd Energy Loan Fund of St. Lucie
County, Inc. (EEC66)
BACK6ROUND~ See nttached memorandum
FUNDS AVAILABLE~
PREVIOUS ACTION:
RECOMMENDATION: Stnff recommends that the Board cpprove the Agreement
with SELF and authorize the Chairman to sign the Agreement.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED [ ] DENIED
( ] OTHER:
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: Management & Budget urchnsing:
Dnniel 5. McIntyre Mnrie Gouin
Originating Dept. Grants Resource Dev.; County Eng.:
Glenn He derson
Finance~ (Check for copy only, if applicable) Eff. 5/96
~
Y. .
k~`~~`~ 'rc~~ ~"~~f~'~ ` INTER-OFFICE MEMORANDUM
~ ST. LUCIE COUNTY, FIORIDA
. • •
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 10-1590
DATE: November 30, 2010
SUBJECT: Agreement with Solar und Energy Loan Fund of St. Lucie
County, Inc. (EEC66)
***~**************k************,~*********~~*********************************
BACK6ROUND:
The County applied for and obtained an EECBG grant from the United States
Department of Energy in the sum of two million nine hundred forty-one thousand five
hundred and 0/100 ($2,941,500.00) dollQrs to implement "The Kicking Kilowatts on the
Treasure Coast" pro ject, The County also faci litated the creation of a not-for-profit
corporation known as the Solar and Energy Loan Fund of St. Lucie County, Inc. ("SELF").
County staff is proposing th4t the County assign its responsibilities under the EECBG
grunt to SELF. In this regard, attached is u proposed Agreement with SELF thnt would,
if approved, assign the County's responsibilities under the grnnt to SELF. The SELF
Board of Directors is scheduled to meet on Monday, December 6, 2010. The proposed
assignment is on the December 6 agenda for SELF's review and action.
RECOMMENDATION/CONCLUSION :
Staff recommends that the Board approve the Agreement with SELF and
authorize the Chairman to sign the Agreement.
Resp ctfully submi~ ,
~ f
1
i jF~
Dar~el 5. McI yr
County Attor e
DSM/caf
Attachment
A6REEMENT
BETW EEN
SOLAR AND ENER6Y LOAN FUND OF ST. LUCIE COUNTY, INC.
a~d
ST. LUCIE COVNTY
(EECBG)
THIS A6REEMENT (the "Agreement") is made and entered into this dny of
, 2010, by and between the Solur and Energy Loan Fund of St. Lucie County,
Inc., a Florida not-for-profit corporation (hereinafter the "SELF"), and St. Lucie County, a politicol
subdivision of the State of Florida (hereinofter the "County").
WHEREAS, the County has requested SELF nssistance to help fund and administer "The Kicking
Ki lowatts on the Treasure Coast" program (hereinafter the "Pro ject"). A statement of the pro ject
objectives is attached to and incorporated into this Agreement as Exhibit "A"; and,
WHEREAS, the County has npplied for nnd obtained an EECB6 grant (the "Grant") from the
United States Depnrtment of Energy in the sum of two million nine hundred forty-one thousand five
hundred and 0/100 ($2,941,500.00) dollars to implement the Project; and,
WHEREAS, the County desires to assign its responsibilities under the Grant to SELF; and,
WHEREAS, SELF desires to accept nssignment of the County's responsibilities under the grant
sub ject to any County oversight; and,
WHEREAS, the Pro ject is an nppropriate use of Grant funds and further benefits the health,
safety and welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, in consideration of these premises and mutunl covenants contained herein,
the pnrties agree as follows:
ARTICLE I. DELIVERY OF FUNDS
The County shall disburse the Grant funds bosed on approved invoices nnd advances to SELF for
the Pro ject in an amount not to exceed two million nine hundred forty-one thousand five hundred and
00/100 dollars ($2,941,500.00) (less costs).
ARTICLE II. SELF RESPONSIBILITY FOR 6RANT CON~ITIONS
In consideration of the County disbursing funds for the Pro ject, SELF agrees to assume
responsibility for complying with all of the terms and conditions of the EECBG Grant Assistance
Agreement (Award No. DE-EE0003813) ns it may be amended and/or per DOE requirements. A copy
of the Grant Assistance Agreement is nttnched to and incorporated into this Agreement as Exhibit "B".
5:\ATTY\A6REEMNT\SELF-EECB6.wpd '1'
In the event the Department of Energy demnnds a refund of Grant funds or denies reimbursement to
the County as a result of SELF's failure to comply with such cornditions, SELF agrees to pay all funds
to the Department of Energy or the County, ns appropriate, with interest within thirty (30) dnys after
notification by the County of the Department of Energy's refund demond. SELF agrees to keep records
in sufficient detail for pre-audit and post-audit purposes,
ARTICLE III. COUNTY RIGHT OF AUDIT
The County specifically reserves the right to audit or contract to audit SELF's use of the funds
and to direct or correct a use of funds.
ARTICLE IV. TERM OF AGREEMENT
This Agreement shall be effective beginning on the date the Inst party to this Agreement
executes the Agreement and shall continue unless terminnted herein.
ARTICLE V. TERMINATION
This Agreement shall terminate nutomatically upon completion of the Pro ject and close of the
Grant or upon mutunl written ngreement of the parties. In oddition, the County may terminate this
Agreement with thirty (30) days prior written notice and failure to cure if SELF fails to comply with
the terms of the Grant and this Agreement and fails to maintain its non-profit status, Either pnrty may
terminate the Agreement without cause upon 180 days' prior written notice to the other party.
The terms of Article II and Article III shal) survive the termination of this Agreement.
ARTICLE VI. DATA; REPORTS; COOPERATION
SELF agrees to submit all data and reports required by the Grant on a periodic bnsis as
determined by the County. The documentation shall include a report on revenues and expenditures. All
documentation shall be in a form approved by the County. SELF ngrees to cooperate with the County
to establish procedures for implementing the Grant in nccordance with Grant and County requirements.
ARTICLE VII. CDFI STATUS
SELF agrees to investigate the viability of establishing a CDFI or other self sustaining loan
progrnm on or before June 1, 2011.
ARTICLE VIII INSURANCE
SELF shall purchase nnd maintain the following insurance coverages:
1. 6eneral Liability: $1,000,000.00 each occurrence
5:\AT1Y\A6REEMNT\SELF-EEC86.wpd -Z-
2. Automobile Liability: $1,000,000.00 Combined Single Limit covering "Any Auto" (only IF
the Non-Profit owns nnd/or operates outos)
3. Commercial Crime coverage including coverage for Employee Dishonesty, Forgery, Theft
of Money & Securities, Funds Transfer Fraud, Money Orders & Counterfeit Currency
and Computer Frnud.
4. Errors & Omissions: $1,000,000.00
5. Workers' Compensation, ns required under Chapter 440, Florida Statutes (only if SELF
has employees)
The County sholl be named as an additional insured on all policies.
ARTICLE IX SUBCONTRACT
Sub ject to written approval by the County, SELF inay subcontract or assign all or some portion
of its responsibilities pursuant to this Agreement.
ARTICLE X. NOTICES
All notices required or permitted to be given under the terms and provisions of this Agreement
by either party to the other shall be in writing and shall be sent by registered or certified mc?il, return
receipt requested, to the parties as follows:
As to the County~ With a copy to:
St. Lucie County Administrator St. Lucie County Attorney
2300 Virginia Avenue Z300 Virginiu Avenue
Administration Annex Administration Annex
Fort Pierce, Florida 34982 Fort Pierce, Florida 34982
As to the SELF~ With a copy to;
Chris Dzadovsky XXX
President
SELF
2300 Virginia Avenue
Fort Pierce, Florida 34982
or to such other address as may hereafter be provided by the pnrties in writing. Notices by registered
or certified mail shnll be deemed received on the delivery date indicated by the U.S. Postal Service on
the return receipt.
5:\ATTY\A6REEMNT\SELF-EEC66.wpd -3-
ARTICLE XI. VENUE
Any (itigation hereunder shall be brought in the applicnble state or federal court in St. Lucie
County, Floridn.
ARTICLE XII. HEADIN65
Captions and hendings in this Agreement are for ease of reference only and do not constitute
a part of this Agreement and shall not affect the mec~ning or interpretation of any provisions herein.
ARTICLE XIII. RI6HT5 OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon nny person other
than the parties hereto any rights or remedies under or by reason of this Agreement.
ARTICLE XIV. WAIVER
There shall be no waiver of nny right related to this Agreement unless in writing signed by the
party wniving such right. No delay or failure to exercise a right under this Agreement shnll impair such
right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right
so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under
this Agreement.
ARTICLE XV. INVALI~ITY OF PROVISIONS
The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this
Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the
material purposes of this Agreement can be determined nnd effectunted.
ARTICLE XVI. ACCE55 TO RECORDS
Both parties agree to allow either party, the Depnrtment of Energy or the public, to occess nll
documents, pnpers, letters or other material made or received in con junction with the Grant agreement.
ARTICLE XVII. WHOLE UNDERSTAN~ING
This Agreement embodies the whole understanding of the parties. There nre no promises,
terms, conditions or obligations other than those contained herein; and this Agreement shall supersede
all previous communicotions, representations, or agreements, either verbal or written, between the
parties hereto,
ARTICLE XVIII. AMENDMENTS
The Agreement mny only be amended by a written document signed by all parties.
5: \ATTY\A6REEMNT\SELF-EECB6.wpd "4-
IN WITNE55 WHEREOF the parties hereto have caused this Agreement to be executed by
their duly authorized representative(s) on the latest day and year noted below.
SOLAR AND ENER6Y LOAN FUND OF
ATTEST: ST. LUCIE COVNTY, INC.
BY:
Secretary President
~cte :
BOARD OF COVNTY COMMISSIONERS
ST. LUCIE COUNTY
ATTEST:
BY:
~eputy Clerk Chairmnn
~ate :
APPROVED AS TO FORM AN~
CORRECTNE55:
BY:
County Attorney
5:\ATTY\A6REEMNT\SELF-EEC66.wpd -~J-
DE-EE0003813/000
Attachment ~t2
STATEMENT OF PROJECT UBJECTIVES
St. Lucie County Board of County Commissioners
Kicking Kilowatts on the Treasure Coast
A. PROJECT OB. CTIVF.S
St. Lucie County's `big green dream" is to become a national leader and innovator in promoting
energy efficiency and renewable energy technologies. The Kicking Kilowans on the Treasure
Coast program will be unique in its goals, its multiple partnerships, and its funding methodology.
The program, in the first ttu~ee years, will not only allow more ihan 481 homes and businesses to
become more energy efficient and to invest in renewable energies, it will provide a funding
mechanism that will sustain the progrdm indefuutely - far beyond the time when federat funding
runs out. Over three years, the program also will create more than 138 jobs in a local economy
that is cuirently experiencing an unemployment rate of 14.6%, one of the highest in the nation.
Local financial institutions are expected to invest more than $15 million in private capital,
providing extensive leveraging that will allow energy improvements in perpetuity through low-
cost loans to residents and businesses throughout the County. ~is sustainability will result in
significant energy savings and job creation for years to come.
Program objectives include the following:
1. Reduce energy costs for local home and business owners,
2. Promote energy conservation and renewable energy technologies,
3. Create new employment opportunities in the economy's emerging green markets,
4. Expand existing green job training facilities,
5. Lay the foundation for a more sustainable economic and environmental future,
6. Reduce the nation's dependence on foreign oil,
7. Reduce the cost of energy efficiency improvements through low interest financing,
8. Attract private investment through funding mechanisms that include both Property Assessed
Clean Energy (PACE) and Community Development Financial Institution (CDFn programs.
B. PROJECT SCOPE
Thc specific goal of Kic/dng Kilowatts on the Treasure Coast is to reduce utility bills for
residents and busincsses in St. Lucie County (and eventually, throughout the Treasurc Coast)
through energy-efficient improvements to their properties. T'he program, created by the U.S.
Department of Energy's Energy Efficiency and Conservation Block G~rant, will include
weatherization, HVAC upgrades, solar water heating and solaz photovoltaic systems for property
owners throughout the County.
To provide low-cost financing for these improvements, a PACE Program will be developed by
establishing a Municipal Services Benefit Unit (MSBLn, allowing property owners to voluntarily
participate in the program. Loan repayment will be made through their property tax bills. The
debt will stay with the property, giving homeowners greater incentive to join the program. The
PACE program will make energy efficiency investments easier and less expensive by providing
a secure payback mechanism that will lead to lower upfront costs.l'he program will be overseen
1
EXHIBfT
~
o i
D
~
DE-EE0003813/000
Attachment #2
by a non-profit financial institudon cunently being set up in St. Lucie County. The non-profit
will seek status as a Communiry Development Financing Institution (CDFn through tbe Tr~asury
Department, allowing it to attract public and private investments that will enable it to continue
maldng energy-related loans in perpetuity. The CDFI will be the first in Florida to be established
solely to provide energy efficiency and conservation enhancements.
C. TASSS TO BE PERF'ORMED
BUDGET YEAR 1
Task 1.0 - Acceot and Initiate Award
Submit required Department of Energy grant and 5nancing farms, establish payment process and
begin to draw down funds after acceptance of contract.
Subtask 1.1- Compietion of Reqnired Forms
County staff assures FedConnect accessibility; establishes Automated Standard
Application for Payment; and downloads, reads and accepts DOE contrac~t.
Sabtask 1.2 - Receive Required County Approval
County staff submits contract and budget resolution to Board of Counry Commissioners
for approval. Begins to draw down funds after acceptance of contract.
Task 2.0 - Comniete I.eeal Incoraoration
Fstablish non-profit corporation for PACE Program.
Sobtask 2.1 - EstabUsh Board and Complete Registradons
Working committee appoints initial Board of Directors; BOD completes Bylaws and
Articles of Incorporation; submits and receives corporate status and files for tax-ezempt
status (501(c)3); applies for tax ID number and FL DACA Solicitation of Contribution
Registration.
Subtask 2.2 - Provide Accounting Compliance
Executive director hires suditing fum to monitor accounting and finances.
Task 3.0 - Imalement Lendin~ Oaerations
Establish worldng committees: loan, persoanel, MSBU, energy auditors, product criteria,
operations. Hire staff and locate office space. Develop loan policies and procedures.
, Subtask 3.1- Hire Employces
Board of D'uectors hires ezecutive director and administrative assistant. Fzecutive
director hires marketing/education manager and loan processor.
Subtask 3.2 - Develop Loan and Operating Policies and Procedures
Committees research and develop loan policies, procedures and products. Non-profit's
staff identifies and purchases required software.
2
DE-EE0003613/000
Attachment #2
Snbtask 3.3 - Initiate Development of Basiness and Marketing plans
Non-profiYs Board of Directors and staff define design criteria for business and
marketing plans for first three years, develop marketing and promotion materials, initiate
interactive Web site for promodon, education and loan applications.
Subtask 3.4 - Negotiate Administrative Contracts
Board and execudve director develop and process contracts between (i) County and non-
profit and between (u) non-profit and bank partners (e.g. for loan servicing, payment
collection-MSBU, account and other back-office activities).
Sabtask 3S - Determine Operation I,ocation, Needs and Costs
Board and executive director define space needs and costs, equipment, operational
procedures. Sign lease agreement and furnish space.
. Subtask 3.6 - Contrad for Auditing and Inspection Services
Executive director reviews recommendations of auditor/contractor committees.
Determines needs for auditing and inspection, and criteria for energy product. Bids for
defined services.
Subtask 3.7 - Educate Pablic, Recruit Additional F~nancisi Support
Executive director initiates promotion and implementation of seminars and workshops for
public and contractors, meets with community and financial leaders to promote program
and attract additional investments. Factensive travel (more than 2,000 trips annually)
necessary throughout Treasure Coast and Palm Beaches (potential Investment Area
expansion). Marketing manager speaks to community groups, produces seminars and
workshops to educate public about program. At least 1,000 trips annually. Staff assists as
needed.
• Subtask 3.8 - Begin Loan Processing
Staff initiates training on software, determines paperwork needs, begins promotion and
loan processing.
Snbtask 3.9 - Conduct Energy Audits, Monitor Improvements
Subcon~actor works with staff to conduct initial inspections to establish baseline energy
measures. Monitors unprovements and conducts post-renovatioa inspections to verify
quality.
BUDGET YEAR 2
Task 4.0 - Initiate CDFI Certi~ication
Research Investment Area, apply for CDFI cerafication, transition non-profit into CDFI, create
and expand loan revenue pool.
Subtask 4.1- Determine Eligible Inv~,stment Area
Board of Directors determines requirements and criteria, engages consultant as needed
and implements findings (beginning in Year I).
3
DE-EE0003813/000
Atzachment #2
Subtask 4.2 - Lnitiate and Compiete CDFI CertiGcation
Board of Directors and eaecutive director apply for CDF7 c~rtification and technical
assistance funding for business and marketing plans (beginning in Year l). Complete
transition of non-profit into CDFI.
Subtask 43 - Coordinate Private Investment
Board of Directors and executive director work extensively with financial institutions
throughout the region to atttact and process investments into non-profit.
BUDGET YEAR 3
Task 5 0- Close out EECBG ~ndina A¢reement
Complete EECBG agreement and close out g~rant. Continue loan progiam with bank investments
and additional grant revenue.
Task 6.0 - Proiect Manaeement and Reuortina
Reports and other deliverables will be provided in accoidance with the Federal Assistance
Reporting Checklist following the instructions included therein.
4
~ ~ ,
ClO-oq- ~'f~8
ASSlSTANCE AGREEMENT
1. Award No. . Modficatimi No. . Etfective Date . CFDA No.
DE-EE0003813 08/12/2010 81.128
5. Awarded To Sponsoring Office 7. Period of Perfortrmnoe
ST LUCIE, COUNTY OF Golden Field Office
08/12/2010
ttn: Roberta Breene U.S. Department of Energy hrough
23D0 VIRGINIA AVE Golden Field Office OB/11/2013
FORT PIERCE FL 349B25632 1617 Cole Blvd.
Golden CO 80401
a. 7ype ot Aereemerrt s. Authority 10. Purchase Request or Fundinp Document nro.
Q G~t PL 110-190, EISA2007 10EE006569
PL 111-5, Recovery Act 2009
? ~
11. Rertrittanoe Addtess 12. Totat Arrwunt 13. Funds Obligetied
5T LUCZE, COi1NTY OF Govt. Share: S2,941,500.00 This action: 52,941,500.00
Attn: Roberta Breene
2300 VIRGINIA AVE Cost Share :$0.00 Total : S2,941,500.00
£ORT PIERCE FL 349B25632
Total : 52,941,500.00
14. Prirwipal Investigator 5. Pmpram Maneger 16. Administrator
Roberta Breene Carolyn C. Elam Golden Field Office
772-462-6412 Phone: 343-275-9953 U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 60401-3393
1T. SuDmit Paymerrt Reques~ To 18. Paying O1fice 19. SubmR Reports To
OR for Golden See Attachment #3
U.S. Department of Energy
Oak Ridge Financial Service Center
P.O. Box 4517
Oak Ridge TN 37631
20. Acooun6ng end Appropnation Dats
EECBG Temp
1. Researd~ Title andlor Desaiption of Projec.t
RECOVERY ACT: E£CBG- KICRING KILOWATTS ON THE TREASURE COAST PROGRAM
For Recipierrt For ~e Uni~ed Ststes of Art~erica
. Signature of Pe~c~ Sign 25. 5ignaGxe of Grents/Aereemennls Offioer
1
~ Signature on File _ ~
~~C
~
_R~.C
U1.
.~sjzV'
. Name ar~ Trtle 24. Date 6. Name of Offioer - Y:., ~ 27. Date Signed
\ 4~~~~~p Karen L. Bah '1 x OB/13/2010
APPROVED AS TO FO M j
ATTEST:
AND S ,-,.Y~4 EXHIBIT
s , ~ ii Q i~
• , ~ =~'11`~' s
l d`J~'1E
C0~
AGE OF
N~. OF DOCUM£NT EING CONTINUED 2 2
ONTINUATION SHEET DE-EE0063813
E pF pFFEROR OR CONTRACTOR
ST LIICIE, COUNTY OF
SUPPLIESISERVICES D) UNIT PRICE MAO;NT
t~ANO. ~B~ ( (E) F
DUNS Number: 0722154~3
In addition to this Assistance Agreement, this
award consists of the items listed in the Specia
erms and Conditions, Provision 2, "AWard
greement Terms and Conditions."
~OE Award Administrator: Yolanda Ramirez
-mail: yolanda.ramirezQgo.doe.gov
Phone: 303-275-4908
DOE Pzoject Officer: Carolyn Elam
-mail: carolyn.elam@go.doe.gov
Phone: 303-275-4953
ecipient Contact: Roberta Breene
-mail: breener@stlacieco.org
Phone: 772-462-6412
ecipient Principal Investigator: Roberta Breene
-mail: breener@stlucieco.orq
Phone: 772-462-6412
lectronic signature or signatures as used in
his document means a method of signinq an
electronic message that--
(A) Identifies and authenticates a particular
erson as the source of the electronic message;
(B) Indicates such person's approval of the
information contained in the electronic message;
and,
IC1 Submission via FedConnect constitutes
lectronically signed documents.
AP: YES Extent Competed: COMPETED Bavis-Bacon
ct: YE5
Fund: 05796 Appr Year: 2009 Allottee: 31 Report
ntity: 200835 Qbject Class: 4]D20 Progratr.:
1005267 Project: 2004350 wFO: 0000000 Local Dse:
0000000 TAS Agency: 89 TAS Account: 0331
JULY 2004
.
DE-EEOOp3813/000
St Lucie County Board of County Commissioners
SPECIAL TERMS AND CONDITIONS
Table of Contents
Nnmber Subied ~
e
1• RESOLUTION OF CONFLICTING CONDITIONS
2. AWARD AGREEMENTTERMS AND CONDI110NS .........2
3. ELECTRONIC AIITHORIZATtON OF AWARD ...............................2
4. PAYYENT PROCEDURES - ApVANCES THROUGH TFIE AUTpMATED .............2
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYS7'EM
5. LIMRATIONS ON '°"'2
IJSE OF FUNDS
6. INDIRECT COSTS AND FRINGE BENEFlTS ARE NOT REIMBURSABLE.............3
7. PRE-AWARD COSI'S
8. USE OF PROGRAM INCOME .............................................................................3
9. STATEMENT OF FEDEIRAL STEIMARDSHIP ..........................................................3
.........................................................3
10. SITE VlSITS
11. REPORTtNG RE~UIREMENTS.
12. PUBLICA'110NS ......................................................................................................4
13. FEDERAL, STATE~ AND MUNICIPAL REDUIREIIAENTS .........................................4
14• INTELLECTUA! PROPERTY PROYISIONS AND CONTACT INFORMA710N........5
15. LOBBYING RESTRICTIONS
i 6. NATIONAL ENVIR ......................................................5
ON~AENTAL POLiCY ACT (NEPA) REDUIREiIENTS ...............5
17• HlSTORIC PRESERVATION
18. WASTE STREIW
19. DECONTAMINA170N qNDlOR DECOMMISSIONING (p .
p) ..................................7
20. SUBGRANTS, SUBCONTRACTS, AND LOANS ~~S~ .....................7
7
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP .....................8
22. ADVANCE UNDERSTANDtNG CONCERNING PUBLICLY FINANCED
ENERGY IMPROVEMENT PROGRAMS
23. SPECIAL PROVlSIONS RELATING TO WORK FUNDED UNDER ~AMERICAN ~~~.~8
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2ppg) .....g
24. REPORTtNG AND REGISTRA'110N RE~UIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT ....................14
25. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EOUIPIIAENT
AND PRODUCTS - SENSE OF CONGRESS ........................................................14
26• REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS - SECTION 16Q5 OF THE A~IERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 ..............................................................................14
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREE~IIEN'TS) - SECTION
16Q5 OF TWE Al1~ERICAN RECOVERY AND REINVESTIIIENIT pCT OF 2009 .....t7
28• WAGE RATE REGIUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT .........................................................................................................................21
29. RECOVERY ACT TRANSACTIONS LISTED IN SCFIEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILIIIES FOR INFORMING SUBREqPIENTS ....................................22
30. DAVI~BACON ACT AND CONTRACT WORKHOURS AND SAFETY
STANDARD ACT ...23
1
DE-F~~0003813/000
St Lucie County Board of County Commissioners
1. RESOLUTION OF CONFLICTING CONDITIONS
pny apparent inconsistency between Federal stawtes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Adminisuator for
guidance.
2. AWARD AGREEMENT TERM.S AND CONDITIONS
This award/agieement consists of the Assistance Agreement, plus the following:
a. Special Terms and Conditions.
b. Attachments:
,e,ttachment Number Title
1. Intellectual Propetty Provisions
2. Statement of Project Objectives
3. Federal Assistance Reporting Checklist and Instructions
4, Budget Pages (SF 424A)
c. DOE Assistance Regulations, 10 CFR Part 6U0 at huPJ~ecfr•gpoaccess.gov.
d. Application/proposal as approved by DOE.
e. National Policy Assurances to Be Incorporated as Award Terms in effect on date of
award at httg://managementenergy.gov/business_doeJ1374.him.
3. ELECTRO1vIC ALTTHORIZATION OF AWARD DOCUMEr1Ts
Aclrnowledgement of award documents by the Recipient's suthorized ropresentative through
electronic systems used by the Depaztment of Energy, specifically FedConnect, constitutes
the Recipient's acceptance of the terms and conditions of the award. Aclmowledgement via
FedConnect by the Recipient's authoriud represcntative constitutes the Recipient's
elec~ronic signature•
4. PAI'MENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Pavment. Payment will be made by advances through the Department of
Treasury's ASAP system.
b. Reauestin¢ Advances. Requests for advances must be made through the ASAP system.
You may submit requests as frequendy as required to meet your needs to disburse funds
for the Federal sharo of project costs. If fessible, you should time each request so that
you reccive payment on the same day that you disperse funds for direct project costs and
the proportionate share of any allowable indirect costs. If same-day transfers are not
feasible, advance payments must be as close to achial disbursements as administratively
feasible.
c. Adiustin~ vavment requests for available cash. You must disburse any funds that aze
available from rcpaymcnts to and interest earned on a rcvolving fund, program iacome,
2
DE-EE0003813/000
St Lucie County Boazd of County Commissioners
rebates, refunds, contract settlements, audit recoveries, cmdits, discounts, and interest
earned on any of those funds before rEquesting additional cash payments from DOE.
d Pavments. All payments are made by electronic funds transfer to the bank account
identified on the ASAP Bank Infoimation Form that you filed with the U.S. Department
of Treasury.
5. LIlI~IITATIONS ON USE OF FUNDS
a. By accepting funds under this a~,ard, you ag~.ee that none of the funds obligated on the
award shall be expended, direcdy or indirectly, for gambling establishments, aquariums,
zoos, golf courses or swimming pop~,
b. Recipients may use not more than 50 percent of the amounts provided for a loan loss
reserve to support loans made with private and public funds aad to support a sale of loans
made by a grantee or third-pany Ienders into a secondary market.
6. INDIRECT COSTS AND FRINGE BENEbTi'S ARE NOT REIlVIBURSAgLE
The budget for this award does not include indirect costs and fiingc benefits. Therefore,
these ezpenses shall not be charged to nor reimbursement requested for this project nor shall
the indirect and fringe benefit costs from this project be allocated to any other federally
sponsored project. In addition, indirect costs and fiinge benefits shall not be counted as cost
shaze unless approved by the Contracting Officer. This restriction does not apply to
subawardees' indirect and fringe benefit costs.
7• PIt~AWARD COSTS
You are entitled to reimbursement for costs incurred on or after May 19, 201Q, as authorized
by the pre-award costs letter dated August 9, ZO1Q if such costs are allowable in accordance
with the applicable Federal cost principles referenced in 10 CFR Part 600.
8. USE OF PROGRAM INCOME
If you earn program income during the project period as a result of this award, you tnay add
the program income to the funds committed to the award and used to further eligible project
objectives.
9. STATEMENT OF FEDERAL STE~VARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities perfomied
under this award. S~wardship activities include, but are not Iimited to, conducting site
visits; ieviewing performance and financial reports; providing technical assistance and/or
temporary intervention in unusual circumstances to correct deficiencies which develop
during the project; assuring compliance with terms and conditions; and reviewing technical
3
DE-EE0003813/000
St. Lucie County Board of County Commissioners
performance after project completion to ensure that the award objectives have been
accomplished.
10. STTE VISITS
DOE's authorized representatives have the right to makc site visits at reasonable times to
review project accomplishments and management control systems and to provide technical
assistance, if required. You must providc, and must require your subawardces to providc,
reasonable access w faciiities, office space, resources, and assistance for the safety and
convenience of the government represe~ntatives in the performance of their duties. All site
visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
11. REPORTING REQIJIREMENI'S
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to
comply with these reporting requirements is considered a mateiial noncompliance with
the terms of the award. Noncompliance may result in withholding of future payments,
suspension or termination of the current award, and wi~holding of fuwre awards. A
wi11fu1 failure to pcrform, a history of failure to perform, or unsatisfactory performance
of this andlor other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
b. Additional Recovery Act Reporting Raquirements are found in the Provision below
labeled: "REPORTIl~TG AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF THE RECOVERY ACT."
12. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the
work conducted under the award.
b. An acl~owledgment of DOE support and a disclaimer must appear in the publication of
any material, whether copyrighted or not, based on or developod under this project, as
follows:
Acbeowledgment: "This matcrial is based upon work supported by the Department of
Energy [National Nuclear Security AdministrationJ [add name(s) of other agencies, if
applicable] under Award Number(s) [enter the award number(s)]."
Disclaimer. `°this report was piepared as an acconnt of work sponsored by an agency
of the i3nited States Governmen~ Neither the United States Government nor any
agency thereof, nor any of their employces, makes any wartanty, oxpress or implied,
or assumes any legal Iiability or responsibility for the accuracy, completeness, or
usefulness of any information, appazatus, product, or process disclosed, or represents
4
DE-EEOOQ3813/000
St. Lucie Caunty Board of County Commissioners
that its use would not infringe privately owncd rights, Reference herein to any
specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise dces not necessariiy constitute or imply its endorscment,
recommendation, or favoring by the United States Government or any agency thcitof,
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof."
13. FEDF.RA.I,, STA1'E, AND MUIVICIPAL REQLJIItEME1VTS
You must obtain any required permi~~ e~~ ~e safety and sttuctural integrity of any repair,
replacement, construction and/or alteration, and comply with applicable federal, state, and
municipai laws, codes, and regulations for work performed under t}us award.
~4. INTELLECTUAL PROPFRTY PROVISIONS AND CONTACT INFORMATION
a. The intellectuat property provisions applicable to this award aze provided as an
attachment to this award or are referenced in rhe Agreement Cover Page. A list of all
intellectual property provisions may be found at
httn://~+ww.gc.dce.eov/financial assistance awazds htm.
b. Questions regarding inttllectual propert}, m~~ shouid be refeared to the DOE Award
Adminis~ator identified and the Patent Counsel designated as the service provider for the
DOE office that issued the award. The IP Service Providers List is found at
httn:/Iwww.¢c.dce.eov/documents/Intelleetuai property (Ip) Serviee Providers for Ac
quismon.ndf
c. The IP Service Provider for the Golden Field Office is Julia Moody, who may be reached
at ~ulia.moodYC eo doe ov or 303-275~867.
25. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award
shall be expended, direcfly or indirecfly, to influence congressional action on any legislation
or appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhcre in statute and regulation.
16. NATIONAL ENVIRONMENTpi, ppLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Fedeial funds, w}uch would have an adverse
effect on the environment or Iimit the choice of reasonable attomativ~s prior to DOE
providing either a NEPA clearance or a finai IVBpA decision regarding ihis proje~.
If you move forwatd with activities that are not authorized for Federal funding by the DpE
Contracting Officer in advance of the finai NEpA decision, you are doing so at risk of not
receiving Foderai fuading and such costs may not be ncogniud as a]lowable cost share.
5
.
DE-EF.0003813/000
St. Lucie County Board of County Commissioners
You are prohibited from implementing energY efficiency improvements and renewable
encrgY generation apportunities, including demolition, rePair, rePlacement, installation,
construction, disPosal, or alteration activities until such time that you comply with the Waste
g~eam and Historic Preservation clauses.
If this award includes constrnction activities, you must submit an environmental evaluation
repoiUevaluation notificauon form addressu?g NEPA issues prior to DOE initiating the
NEPA process•
If you intend to make changes to the scope or objective of your project you are required to
contact the DOE Project Officer identified 'm Block 15 of the Assistance Agreement~be~Cere
proceeding. You must receive notification of apQroval from the DOE Contracting
prior to commencing with work beyond that currently approved.
DOE has made a NEPA determination for ttris award, and funding for certain activities ar
taslcs under this award is contingent upon the fu?al NEPA dete~on:
All projects undcr this Award are bounded in compliance with the uploaded and signed
Statement of Work for Expedited NEPA review. The projects within th° s~°Pe of the
Statement of Work comprise of technical advice, Plan~ung assistance, and actions to conserve
energy. Any proJects that fall outside the Statement of Work are conditioned pending further
NEPA review. DOE has made a final NEPA Determination for this activity, which is
categorically excluded from further NEPA review.
17. HISTORIC PRESER`'ATION
Prior to the expenditure of Project funds t° alter any h~storic structuce or site, the
Recipient or subrecipient shall ensue~ that it is compliant with Section 106 of the
Narional Historic Presen+ation Act (NHP~?), consistent with DOE's 20091etter of
delegation of suthority regarding the NHPA. Section 106 applies to historic properties
that are Iisted in or eligible for listing in the National Register of Historic Places. If
applicablc, the Recipient or subr~cipient must contact the State Historic Pieservation
Officer (SHPO), and the Tribal HisWric Preservation Officer (T'HPO) to coordinate the
State SHPO
Section 106 reviev~' outlined in 36 CFR Part 800• In the event that a State,
and DOE enter into a Programmatic Agreement, the tarms of that Progrdmmatic
Agreement shall apply to all recipient and subrecipient activities within that State. SI~O
contact information is available at the following link. httP-~~w'~`a'•ncshpo.org/find~index.htm.
THPO contact information is available at the foilowing Iink: lies to DOE funded
h~;~~~,~,K,.~po,or~fmap.html. Section 110(k) of the NHPA app
activities.
The Recipient or subrecipient certi5es that it will retun S'~ffic~ent d°cum°ntation to
demonstrate that the Recipient or subrecipient has received required approval(s) from the
S~IpO or THPO for the Project. Rocipients or subrecipients shall avvid taldng any action
that results in an adverse effect w historic properties Pendin8 compliance with Section
106. Thc Recipient or subrecipient shail deem complianee with Section 106 of the
6
DE-EEOOp3813/000
St Lucie County Board of Connty Commissioners
NHPA complete oniy after it has received this documentation. The Recipient or
subrecipient shall make this documentation available to DpE on DOE's request (for
example, during a post-award audit). Recipient will be rec~uir~d to report annua(ly on
September 1 the disposition of all historic preservation consultations by category,
18. WASTE STREAM
The Recipient assures that it will create or obtain a waste management pian addressing waste
generated by a proposed Project prior to the Project generating waste, T~S ~,~e
management plan will describe the Recipient's or subrecipient's plan to dispose of any
sanitary or hazardous waste (~.g., construction and demolition debris, old Iight bulbs, lead
b~~' PIP~g' rO°~g ~~~1, dis~ard~d equipment, debris, and asbestos) generated as a
result of the proposed projec~ The Recipieni shall ensure that the pro~e~t is in compIiance
with all Federal, state and local regulations for waste disposal. The Recipient shall make the
waste management plan and related documentation available to DOE on DOE's reguest (for
example, during a post_award audit).
19. DECONTAMIIVATTON ANp~pR DECOMNIISSIONIl~JG (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shatl not be
responsible for or have any obligation to the Recipient for (i) De~ontamination and/or
Decommissioning (DBr,D) of any of the Recipient's faciIities, or (u) any costs which may be
incurred by the Recipient in connection with the D&D of any of its facilities due to the
Performance of the work under this Agreement, whether said work was perfoimed prior to or
subsequent to the effective date of the Agreement.
20. SUBGRANTS, SUgCONTRACTS, AND LOANS
a The Recipient hereby warrants that it will ensure that all
activities by sub-grantee(s) and loan recipients are consistent with the approved Statement of
Project Objectives.
b. Upon the Recipient's selection of the sub-grantae(s) and loan
recipients, the Recipient shall notify (i.e. approval not required) the DOE Project Officer with
the following information for each, regardiess of dollaz amount:
- Name of Sub-Grantee
- DUNS Number
- Award Amount
- Statement of work including applicable activities
c• In addition to the information in pardgraph b_ above, for each
sub-grant and loan that has an estimated cost greater than $10,000,000 or 50% of the total
a~'aard amount, the recipient must submit for approval by the Contracting pfficer, a SF424A
Budget Information - Nonconstruction Programs, and pMC 123.1 Cost Reasonableness
Determination for Financial Assistance (ayailable at httn://www.c,cre-
nmc.enerev ¢~v/forms as,p~,
7
DE-EE0003813/000
St. Lucie County Board of County Commissioners
21. JUSTIk'ICATION OF BUDGET COSTS
a. The Recipient must provide justification for the following costs:
Contractual Costs:
1. The recipient is restricted from full reimbursement of Contractuai costs• The
recipient is authorized to receive reimbursement for $2,705,440 of the proposed
Contractual amount of $2,941,500. The,~A;n;ng $236,500 in funds will be released
pending Contracting Officer aPProval of the sub-recipient's Fringe Rate proposal•
b. Upon written notification and/or approval by the Contracting Officer, the Recipient may
then receive payment for the activities lisud in the approved SOPO for allowable costs
incurred in accordance with the payment provisions contained in the Special Terms and
Conditious of this agreement. These wriuen notifications and/or approvals will be
incorporated into the award by formal modi5cation at a fut~u~e date-
22. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occiurence of any of the following events:
(i) you or your parent's filing of a voluntary case seeking liquidation or reorganization
under the Bankroptcy Act; (ii) your consent to the institution of an involuntary case under
the Bankruptcy Act against you or your parent; (iii) the fiting of any similar proceedinS
for or against you or your parent, or your consent to the dissolution, winding-up or
readjustment of your debts, appoinunent of a receiver, conservator, tiustee, or other
officer with similar powers over you, under any other applicabie state or federal law; or
(iv) your insolvency due to its inability to pay debts generally as they become due.
b. Such notification shall be in v~+ritinS and shall: (i) specifically set out the details of the
occurrence of an event referencxd in paragraph (a); (ii) Provide the facts surrounding that
event; and (iii) provide the impact such event will have on the project being funded bY
this award.
c. Upon the occuirence of any of the four events described in paragraPh a of this provision,
Dpg reserves ti~e right to conduct a review of your award to determine your compliance
with the required elements of the award (including such items as cost share, ProSress
towards technical pro)ect objectives, and submission of required reports)• If the DOE
review determines that there are significant deficiencies or concerns with your
performance under the award, DOE reserves the right to impose additional requirements,
as neaded, including (i) changc of payment method; or (ri) insritute payment controls.
d. Failure of the Recipient to comply with this provision may be considened a material
noncompliance of this financial assistance award by the Contracting Officer•
23. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED
ENERGY IlVIPROVEMENT PR4GR~?MS
8
, •
DE-EE0003813/000
St Lucie County Board of C~unty Commissioners
The parties recognize that the Recipient may use funds under this award for Property-
Assessed Clean Energy (PACE) loans, Sustainable Energy Municipal Financing, Clean
Energy Assessment Districts, Energy Loan Tax Assessment Programs (ELTAPS), or any
other form or derivation of Special Taxing District whereby taaing entities collect payments
through increased tax assessments for energy ef5ciency and renewable energy building
fmprovements made by their constituents. The Department of Energy intends to publish
Best Practices or other guideiines pertaining to the use of funds made available to the
Recipient under this award pertaining to the pmgrams identified herein. By accepting this
award, tho Recipient agrees to incorporate, to the maximum extent practicable, those Best
Practices and other guidelines into any such program(s) within a reasonable time after
notification by DOE that the Best Practices or guidelines have been made available. T'he
Recipient also agrees, by its acceptance of this award, to require its sub-recipients to
incorporate to the maximum extent practicable the best practices and other guideiine into any
such program used by the sub-recipient.
24. SPECIAL PROVISIONS RELA1'Il~1G TO WORR FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 20p9)
Preamble
The American Recovery and Reinvestinent Act of 2009, Pub. L. 111-5, (Recovery Act) was
enacted to preserve and create jobs and promote economic recovery, assist those most
impactod by the recession, provide investments needed to increase economic efficiency by
sPuiring technological advances in science and health, invest in transportation, environmental
protection, and other infrascructure that will provi~ long-term economic benefits, stabilize
State and local government budgets, in order to minimi~P ~d avoid reductions in essentisl
services and counterproductivc State and local tax increases. Recipients shall use grant funds
in a manner that maxi.mizes job creation and economic benefit~
The Recipient shall comply with ail terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients shouid begin planning activities for their first tier subrecipients, including
obtaining a DLJNS number (or upc3aang the existing DtTNS record), and registering with the
Centisl Conbractor Registration (CCR}.
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary w complete pmject~, but tracking and repoiting must bc separate to meet the
reporting requirements of the Recovery Act and relatod guidance. For projects funded by
sounces other than the Recovery Act, Con~actors must keep separate records for Recovery
Act funds and to ensure those records comply with the requinements of the Act.
The Government has not fuily developed the implementing ins~uctions of the Recovery Act,
pazticularly concerning specific proceducal requirements for the new reporting requirements.
9
DE-EE0003813/000
St. Lucie County Board of County Commissioners
Thc Recipient will be provided these details as they 1~ecome available. The Recipient must
~~Ply with a11 reqnirements of the Act. If the recipient believes there is any inconsistency
between ARRA reQuirements and current award terms and conditions, the issues will be
rcferred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expendal or obiigat,ed from
appropriations under the Amcrican Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
Covered Funds will have special accounting codes and will be identified as RecoverY Act
funds in the grant, cooperative agreement or TIA andlor modification using Recovery Act
funds. Covered Funds must be r~eimbursed by September 30, 2015.
Non-Federal employer means any employer with respect to covered funds thc contractor,
subcontractor, grantee, or recipient, as the case may be, if the contraetor, subcontractor,
grantee, or recipient is an employer; and any professional membership organization,
certification of other professional body, any agent or licensee of the Federal govemment, or
any person acting directly or indire~tly in the interest of an employer receiving covered
funds; or with respect to covered funds received by a State or local government, the State or
iocal government receiving the funds and any contractor or subcontractor receiving the funds
and any contractor or subcontr~ctor of the State or local government; and does not mean any
department, agency, or other entity of the federal government
Recipient means any entity that receives Recovery Act funds directll ~~~n~
t other
government (including Recovery Act funds raceived throuP,h ~an~,
than an individual and includes a State that receives Recovcry Act Funds.
Special Provisions
A. Flow Down Reauirement
Recipients must include these special terms and conditions in any subaward.
B. Se~'e~ation of Costs
Recipients must segregate the obligations and expenditures related to funding und~r the
Recovery Ac~ Financial and accounting systems should be revised as ne~essary to
segregate, track and maintain these funds apart and separace from other revenue sareams. No
par[ of the funds from the Ra;overy Act shall be commingled with any other funds or used
for a purpose other than that of making payments for costs allowable for Recovery Act
Prolects•
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived firom the American Recovery and
Reinvestment Act of 2009, Pub. L 111-5, may be used by at?Y State or local government, or
any private cntity, for any casino or other gambling establishmcnt, aquazium, zoo, golf
10
~
DE-EEOOp3813/000
St. Lucie County Board of County Commissioners
course, or swimming pool.
D. Access to Records
With respect to each financial assistance ag~eement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5, any representative of an appropriate inspectAr general appointed
under section 3 or 8G of the Inspector Generai Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized
(1) to examine any records of the con~actor or grantee, any of its subcontractors or
subgrantces, or any State or locai agency administering such contract that pertain to, and
involve transactions that relate W, the subconuact, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding snch transactions.
E. Publicatian
An application may contain technical data and other data, inclnding ~ade s~crets and/or
privileged or confidential information, which the applicant does not want disclosed to the
pubIic or used by the Govemment for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each Iine or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as weIt as refeiring to the Notice on each page to which
the Notice applies:
Notice of Restiiction on Disciosure and Use of Data
The data contained in pages of this appiication have been submitted in confidence and
contain trade secrets or proprietary information, and such data shall be used or disclosed only
for evaluation purposes, provided that if this applicant receives an award as a result of or in
connection with the submission of this application, DOE shall have the right to use or
disclose the data here to thc eatent provided in the award. This restriction does not limit the
Govemment's right to use or disclose data obtained without res~iction from any source,
including the applicant.
Information about this agreement will be pubiished on the Internet and linked to the websitc
www.recovery.gov, mainta.ined by the Accountability and Tranaparency Board. The Board
may exclude posting contraciuai or other information on the website on a case-by-case basis
when necessary to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
P- Protecti.nQ State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act aze summarized below. They include, but are
not limited to:
: Prohibirion on Reprisals: An employee of any non-Federal employer receiving covered
11
. r
DE-EE00038I3/000
St Lucie County Board of County Commissioners
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not
be discharged, domoted, or otherwiso discriminated a8ainst as a reprisal for disclosing,
including a disclosurc made in the ord~nar}' ~°~c of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the C~mptroller Gene
o with
member of Congress, a State or Fcderal regulato17' or law enforcement agency, a pers
supervisory suthority over the employee (or other person working for the employcr who has
the authority to investigate, discover or tcrminate misconduet), a court or grant jury, the head
of a Federal agency, or their representatives information that the employee believes is
evidence of:
- gross management of an agency contract or grant relating to covered funds;
- a gross waste of covcred funds;
- a substantial and specific danger to public health or safety related to the implementation
or use of covered funds;
- an abuse of authority related to the implementation or use of covered funds; or .
- as violation of law, rule, or regulation related to an agency eontract (including the
competition for or negotiation of a contract) or grant, awazded or issued relating to covered
funds.
Agency Action: Not later than 30 days aft~' receiving an insPector general report of an
~eg~d repriSal, the head of the agency shall determine v~'hether there is sufficient basis to
conclude that the non-Federal employer has subjected the employee to a prohibited reprisal.
The agency shall either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
- Order the employer to take affirmative action to abate the reprisal.
- Order thc employer w reinstate the petson to the position that the person held before the
reprisal, together with compensation including back pay, com~nsatory damages. to the
employment benefits, and other terms and conditions of employment that would apply
person in that position if the reprisal liad not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attomeys' fees and expert wimesses' fees) that were reasonably
incurred by the employee for or in connecrion with, bringing the comptaint regarding the
reprisal, as determined by the head of a court of competent jurisdiction.
Nonenforccability of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies
provided to aggrieved employees by this section may not bo waived by any agreement,
policy, form, or condition of employment, including any predisPutc arbitrarion agreement.
No predispute arbitration ag~eement shall be valid or enforceable if it re~uires arbitration of a
dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: AnY emPloyer ra:eiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice
of the rights and remedies as required Lherein• (Refer to section 1553 of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovcty.gov, for specific
requuements of this section and prescribed languagc for thc notices.).
12
DE-EEOOQ38I3l000
St. Lucie County Bosrd of County Commissioners
G. Reserved
H. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principal, employee, agent, contractor, sub-grantee,
subcontiractor or other person has submitted a false claim under the False Claims Act or has
committed a criminai or civil violation of laws pertaining co fraud, conflict of interest,
bribery, gratuity or similar misconduct involving those funds.
I. Information in Sunvort of Recoverv Act Reportin~
Recipient may bc required to submit backup documentation for expenditures of funds under
the Recovery Act including such items as timecards and invoices. Recipient shall provide
copies of backup documentation ai the request of the Contracting Officer or designee.
J. Availabiliri of Funds
Funds obligated to this award ue available for reimbursement of costs unti136 months after
the award date.
K. Additional Fundin¢ Distribution and Assurance of Appropriate Use of Funds
Certification by Governor - For funds provided to any State or agency thereof by the
American Rei.nvesmient and Recovery Act of 2009, Pub. L. 111-5, the Governor of the 3tate
shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds
will be used to create jobs and pmmote economic growth.
Acceptance by State Legislature If funds provided to any State in any division of the Act
are not acccpted for use by the Governor, then aeceptance by the State legislat~ue, by means
of the adoption of a concurnent resolution, shall be sufficient to provide funding to such
State.
Distribution After adoption of a State legislature's concurrent resolution, funding to the
Statc will be for distiibution to local governments, councils of government, pnblic entities,
and public-private entities within the State either by formula or at the State`s discretion.
L. Certifications
With respect to funds made available to State or local governments for infrastructure
investmcnts under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the
Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this
award that the infrastructure investment has received the full nview and vetting required by
law and that the chief executive accepts responsibility that the infrastructure inves~ent is an
appropriate use of taxpayer dollars. Recipient shall provide an additional certification tbat
includes a description of the investment, the estimated total cost, and the amounL of covered
funds to be used for posting on the Internet. A State or local agency may not receive
I3
DE-EE0003813/000
St. Lucie County Board of County Commissioners
infrastructure investment funding from funds made available by the Act unless this
certification is made and posted.
Z5. REPORTIl~iG AND REGISTRATION REQUIREMENTS UNDER SECTION 2512
OF THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report
on use of Recovery Act funds provided through this award. information from these reports
will be made available to the public.
(b} The reports are due no later than ten calendar days after each calendar quarter in which
the Recipient receives the assist~nce award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier subrecipients must maintain current registrations in the
Cent~ral Contractor Registration (hrtp://www.ccr.gov) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (hrtp://www.dnb.com) is one of the requirements for
registrarion in the Central Contractor Registration.
(d) The recipient shall report the infoimation described in section 1512(c) of the Recovery
Act using the rep~rting instructions and data elements that will be provided online at
http://www.FederalReporting.gov and ensure that any information that is pre-filled is
corrected or updated as nxded.
26. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products p~rchased with funds made available under this award should be American-made.
*Special Note: Definitizabon of the Provisions entitled, "REQUIItED USE OF AMERICAN
IRON, STEEL, AND MANUFACT[JRED GOODS - SEC'TION 1605 OF THE
AMERICAN RECOVERY AND REIl~TVFSTMENT ACT OF 2009" and "REQUIRED USE
OF AMERICAN IRON, STEEL, AND MANUFACT'[7RED GOODS (COVERID UNDER
INTERNATIONAL AGREEMENTS) - SECTION 1605 OF THE AMERICAN
RECpVERy AND REIlWF.,STMENT ACT OF 2009" will be done upon definition and
review of final activities.
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS - SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
14
DE-EE0003813/000
St. Lucie County Board of County Commissioners
If the Recipient determines at any time that any construction, alteration, or repair activity on
a public building or p~blic works will be pcrformed during the course of the project, the
Rccipient shall notify the Contracting Officer prior to commencing such work and the
following provisions shall apply.
(a) Definitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the constructi~n site for incorporation into
the building or work that has been--
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
govemmental entity (the United States; the Dis~ict of Columbia; commonwealths, territories,
and minor oudying islands of the United States; State and local govcrnments; and multi-
State, regional, or interstate entities which have govcrnmcntal functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power Iines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, fighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference.
(1) This awazd term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steei,
and manufactund goods used in thc project are produced in the United States except as
provided in paragraph (b)(3) of this section and condition.
(2) 'Ihis requirement does not apply to the material listed by the Federal Govemment as
follows: None.
(3) The award official may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this section and condition if the Federal Govemment determines that--
(i) The cost of the domcstic iron, steel, and/or manufactured goods would be unreasonable.
The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the cost of the overall project by
more than 25 percent;
15
DE-EE0003813/000
St. Iucie County Board of County Commissioners
(u) The iron, steel, andlor manufactured good is not produced, or manufac
~in th~e United
gtates in sufficient and reasonably available quanrities and of a satisfactory q y:
(iii) The applicati~n of the restricrion of section 16U5 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for derermination of inappticabiliry of Section ]605 of the Recovery Act.
(1)(i) Any recipient request to use foreign ir~n, st~el. and/or manufactured Soods in
accordance with paragraph (b)(3) of tlus section shall include adeqnate information for
Federal Government evaluation of the request, includi.ng-
(A) A description of the foreign and domestic iron, steel, andlor manufactured g°°ds;
(B) Unit of ineasure;
(C) Quaz?titY;
(D) Cost;
(E) Time of delivery or availability;
(F~ Location of the project;
(G) Name and address of the proposed supplier, and
(H) A detailed justification of thc reason for uso of foroign iron, steel, and/or manufactured
goods cited in accordance with paraSraPh (b)(3) of this section.
(ii} A request based on unreasonable cost shall include a reasonable survey of tlie market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/oi' manufactured goods matenal Shall mclude all delivery
costs to the construction site and any applicable duty.
(iv) Any recipicnt requcst for a determination submitted after Recovery Act funds have been
obligated for a project for construction, aluration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such detormination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award of5cial need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, ar rePa~r that an exception to section 1605 of the
Recovery Act applies, tlie award official n~
b~u
for~the exception s~rei~
uon, steel, and/or relevant manufacwred g
16
DE-EE0003g13/000
St. Lucie County goard of County Commissioners ~
nonavailability or public interest, the amended award shail reflect adjustment of the awazd
amount, redistribution of budgeted funds, and/pr other actio~ ~en io cover costs associated
with acquiring or using the foreign iron, steel, and/or rolevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust tho award amount or redishibute budgeted funds by at
least the differential established in 2 CFR I76.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steei, and/or manufacture@ goods is noncompliant
with section 1605 of the American Recovery and Reinvestment Act
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following infoimation and any appIicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Descti hon
p~ Unit of ineasare Quanbty (dollsrs)s
tem 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactuned good
tem 2:
Foreign steel, iron, or manufaciured good
Domestic steel, iron, or manufactured good
[L.ist name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.)
[*Include all deiivery costs to the construction site.)
28• REQUIItED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERID UNDER INTERNATIONAL AGREEMENTS) - SECTION
1605 OF THE AIVIERICAI~J RECOVERY AND REIN'{rESTMEN~' ACT OF 2009
(a) Definiaons. As used in this award term and condition--
Desigr~ated country '
(1) A World Trade Organization Government Procurement Agreement country (Aruba,
17
DE-EEOOU3813/000
St I,u~ie County Baard of County Commissioners
T~ i aiwan), Cyprus, Czech Republic,
Austria, Belgium, Bu18an~~ C~e Iceland,
Crreece Hong Kong, Hungary.
Denmark, Estonia, Finland, France, Germany, ~echtenstein, Lithuania,
Ireland, Israel, Italy, 3 apan, Korea (Ropublic o fl, ore, Slovak
Luxembourg, Ma1ta, Netherlands, Norway, Poland, PortuBal. Romania, SingaP
Republic, Slovenia, Spain, Sv~'eden, Sw~tz~l~?d' and Un~t~ ~gdom;
(2) A Free Trade Agreement (FTA) country (p?ustralia, Bahrain, Canada, Chile, Costa Rica,
~ominican Republic, El Salvador, Guatemala, ~Ionduias, Israel. Mexico, Moroc.co,
Nicaragua, Oman, Pe~ or Singapore):
(3) A United States-European Commu~utreS ~~~gc of Letters (MaY 15, 1995) country:
Aussria, Belgium, Bulgaria, CYPruS~ C~b Republic, Donmaz'k, Esto~~. ~~~d' France,
Gecmany, Greec~, Hungary, Ireland, ItalY• L,at~'ia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal. Romania, Slovak Republic, Slovenia, Spain, Swedcn, and
United KinSdom; or
(4) An Agreement between Canada and the United States of America on Govemment
procurement country (Canada)•
Designased eountry iron, steel, and/or manufa~~red goods -
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part~~
~t~ ~TO
~d
another country, has been substantially transformed m a dcsi~d
different manufactured good distinct from tho materials from which it was transformed.
Domesrie iron, steel, and/or manufactured good -
(1) ls wholly the growth, product, or manufacture of the United States; or
(2) In the case of a mannn ubstantially trant sformed in the United States~inmtoaa
n
ws and
another country, has bee
different manufactured good distinet from the materi
a
l s fr on n
s~or subcompc~n
sen~n
There is no requirement with regard to the origin of compo
~anufactured goods or products, as long as the manufacture of the goods occurs in ~e
United States.
Foreign iron, steel, and/or manufactured good means iron. steel andlor manufactured good
that is not domestic or designated countrY u°n, steel, and~ar manufactured g°Oa.
Manufuctured good means a good brought to the construction site for incorporation into the
building or work that has been
~1) pr~essecl into a specific foim and shape; or
18
DE-EE0003813/000
St. Lucie County Board of County Commissioners
(2) Combined with other raw material to create a material that has different properties than
the Properties of the individuat raw materials.
Public building and public work means a public building of, and a public work of, a
govemmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor ouflying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental {unctions~. Zye~e buildings
and works may include, without limitation, bridges, dams, plaats, highways, parkways,
streets, subways, tunnels, sewers, mains, po~,~,er Iin~s, p~p~g stations, heavy generators,
railways, airports, terminais, docks~ piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levecs, and canals, and the const~ction, altecation, maintenance, or repair of
such buiidings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
(b) Iron, steel, and munufuctured goods.
(1) The award term and condition described in this section implements-
(i) Section 1605(a) of the American Reco~ery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
(u) Section 16(?5(d), which requires application of the Buy American.requirement in a
manner consistent with U.S. obligations under international agreements. The restrictioas of
section 1605 of the Recovery Act do not apply to designated coun~y iron, steel, and/or
manufac~red goods. 'I'he Buy American rec~uirement in se~tion 1605 shall not be applied
where the iron, steel or manufactured goods used in the project ane from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. As of Ianuary 1, 2010, ttus obligation shall
only apply to projects with an estimated value of $7,804,0(1p or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured
goods in Performing the work funded in whole or part with this award, except as provided in
Paragraphs (b)(3) and (b)(4) of this section.
(3) The requinemeat in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods Iisted by the Federal Government as foIlows: None.
(4) The award official may add other uon, steel, and manufactured goods t~ t~e list in
paragraph (b)(3) of this section if the Federai Government deteimines that--
(i) The cost of domestic iron, steel, andlor manufactured goods would be unreasonable. The
cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable
when tbe cumulative cost of such materiai will increase the overall cost of the pmject by
19
DE-EE00038I3/004
St. Lucie County Baard of County Commissioners
more than 25 perccnt;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
states in sufficient and reasonably available commercial quantities of a satisfactory qualitY:
or
(iii} The application of the restriction of section 1605 of the 12ecoverY Act would be
inconsistent with the public interest•
(c) Request for determinarion of inapplicabiIiry of section 1605 of the Recovery Acs or the
Buy American Act. ~
(1)(i} Any recipient request to use foreign iron, steel. and/°r ma°ufa~~ g°O~ in
~r~~ ~„ri~ Paragraph (b)(4) of this section shall include adcquate info~mation for
Federal Government evaluation of the request, including--
(A) A description of the foreign and domestic iron, steel, and/or manufact~ed g°Ods;
(B) Unit of ineasure;
(C) Quantity:
(D) Cost;
(E) Tune of delivery or availability;
(F~ Location of the project;
(G) Name and address of the proposed supplier, and
A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods s~~ ~clude all delivery costs to the
construction site and any applicable duty.
(iv} Any recipient request for a determinarion submitzed aftcr Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested tho determination before the funds were obligated. ff the reciPient d°es not submit
a satisfactory explanation, the award official need not make a det~rmination.
(2) If the Federal Govemment determines after funds have bee~ obligated for a project for
20
DE-EE0003813/000
St. Lucie County Boazd of County Commissioners
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act appIies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods, When the basis for the exceprion is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted fuads, and/or other appropriau actions taken to cover
costs associated with acyuiring or using the foreign iron, ste~l, and/or relevant manufacnu~ed
goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel,
or manufactured goods, the a~,vard official shall adjust the award atnount or redistribute
budgeted funds, as appropriate, by at least the differential established in 2 CFR I76.110(a).
(3) Unless the Federal Govemment determines that an exception to section 16Q5 of the
' Recovery Act applies, use of foreign iron, steel, and/or manu{actured goods other than
designated country iron, steel, and/or manufa~~,~ g~ is noncompliant with the
appIicable Aci.
(d) Data. To peimit evaiuation of requests under paragraph (b) of ihis s~on based on
unrcasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cast Comparisan
Descri bon ~
P~ Unit of ineasure Quantity (doliars)s
tem 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
tem 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary,]
[Include other applicable supporting information.]
[*Include all delivery costs to the construction site.)
Z9. WAGE RATE REQ ~ UNDER SECTION 1606 OF THE RECOVERY
ACT
(a} Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
con~actors and subcontractors on projects funded dir~ctiy by or assisted in whole or in part
by and through the Federai Government pursuant to the Recovery Act shall be paid wages at
21
DE-EE0003813/000
St. Lucie County Board of County Commissioners
rates not less than those Prevailing on projects of a character similar ~
of ch pter 31 of title
determined bY the Secretary of Labor in accordance with subchap
40, United StatES Code.
p~rsuant to Reorganization Plan No. 14 and the Copeland~A~ i 3fl~~
5 3~P~ement the
Department of Labor has issued regulations at 29 CFR p
Davis-Bacon and related Acts. Regulations in 29 CFR SS instruct agencies conceining
application of the standard Davis-Bacon contcact clauses set forth in that section. Federal
agencies providing grants, cooPerative agteements, and loans under the Recovery Act shall
ensure that the standazd Davis-Bacon contract clauses found in 29 CFR 5.5(a) are
~~~pOrated in any resultant covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
{b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooPerat~ve agreements and loans should direct their
uutial inquiries concerniag t~?e aPPhcation of Davis-Bacon reQuuements no a parti
o~~r
federallY assisted project to the Federal agency funding the project. The SocretarY
retains final coverage authority under Reorgamzati°n Plan Number 14.
30. RECOVERY ACTOF
~SE~ wLA~ ~D ~,I,OF
ERPENDTrURES
RESPONSIBILTTIES FOR INFORMIlVG SUBRECIPIENTS
(a) To maximize the tranSParency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required bY
Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirome
eII~
r
Grants and Agreements" and OMB Circular
A~-1 Othe source and applic
ti
n of~ R
v ery Act
a
g r
x t
o m a
i n
t a
i
n records that identify adeq Y
funds. OMB Circulaz A-102 is available at
http;//www.wiutehouse.gov/omb/circulars/a102/a102.html. _
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular
A-133, "Audits of States, Local Govemments• and Non-Profit Organizations:' recipients
agree to separately identify the expenditures for Fe~eral awards under the Ru;overy Act on
the Schedule of F~penditures of Federal Awards (SEFA) and the Data Collection Form (SF-
SAC) required by OMB Circular A-133. OMB Circular A-133 is available at
http;//www.whitehouse.gov/omb/circuIars/a133/a133.htm1. TSis shall be accomplished by
identifying expenditutes for Federal awards made under the Recovery Act separately on the
SEFA, and as separate rows under Item 9 uf Part III on the SF-SAC by CFDA numbe~e and
inclusion of the prefix "ARRA-" in identifying tt?e name of the Federal rogram
SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
(c) Recipients agree to seParat~ly identify to cach subrecipient, and document at thc time of
subaward and at the time of disbursement of funds, the Federal a~'~'ard number, CFDA
number, and amount of Recovery Act funds. When a rcciPient awards Rccovery Act funds
for an existing progr'am, the inf°rm~°II ~Shed to subrecipients shall disunguish the
22
St. Lucie County Board of County Co~38s o/n~
subawards of incremental Rocovery Act funds ftom regu~az. subawards under the existing
Program.
(d) Recipients agree to require their subrecipients to include on their SEFA information to
specifically identify Recovery Act fund.img similar to the requirements for the iecipient SEFA
described above. This information is needed to ai]ow the recipient to properly monitor
subrecipient expenditiu~e of ARRp funds as „vell as oversight by the Federal awarding
agencies, Offices of Inspector General and the Government Accountability Office,
31. DAVLS-BACON ACT AND Cp1~IRACT wOR~O~ A~ SAFETY
STANDARD ACT
Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and
Safety Standards Act,°° the following definitions are applicable:
(1) "Award" means any grant, coop~~hVe agrxment or technology investment
agnement made with Recovery Act func3s by tbe Depar~~t of Energy (DpE) to a
Recipient. Such Award must requ~ire compliance with the labor stan~.~ clauses and
wage rate requirements of the Davis-Bacon Act (DBA) for work performed by all
laborers and mechanics employed by Recipients (other than a unit of State or Iocai
government whose own employees perform the construction) Subrecipients,
Contractors, and subcontractors.
(2} "Contractor" means an entity thai enters into a Contract. For puiposes of these
clauses, Contractor shall include (as applicable) prirne contractors, Recipients,
Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower-
tier subcontractors, •`Contractor" does not mean a unit of State or local govemment
where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Sub~cipient, prime
contractor, or any tier subcontractor for cons~uction, aiteration, or repair. It may also
mean (as applicable} (i) financial assistancc instruments such as grants, coopera~~e
agreements, technology investment agreements, and loans: and, (n) Sub awatds,
con~acts and subcontracts issued under financial assistance agreements. "Contract"
does not mean a financial assistance instrurnent with a unit of State or locai goveinment
whene construction is performed by its own employees.
: ~4) "Con~actin8 Officer" means the DOE officiai authoriud to ezecute an Award on
behalf of DOE and who is responsible for the business management and non-program
aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individuai that r~ives an Award of
Federal funds in the form of a gran~ cooperative agreement, or technology investrnent
agreement directly from the Federal Government and is financially accountable for the
use of any DpE fitnds or property, and is legally responsible for carrying out the terms
and conditions of the program and Awazd.
23
DE-EEO(103813/000
St. Lucie County Board of County Com~ssioners
(6) "Subaward" means an award of financial assistance i~ ~e form of money, or
property in lieu of money, made under a° award by a Recipient to an eligiblc
ient or by a Subrecipient to a lower-tier subrecipien~ Thc tcrm includes
Subrecip ent, cven if the agreement is
financial assistance when provided by any legal ageem
~alled a contract, but docs not include the Recipient' s proc
~ f~~~
W~
~ch is
~vices to carry out t
he pro g r
a
m nor does it include any
excluded from the definition of "Award" above.
(7) "Subrecipient" means a no
F~
~ entity ~ but dces
not
inc
d
an indi~idual that
f
r
o
m a R
e
c
i
p
i e
n
t t
o c a r
ry o
u
t a P~~°~
is a beneficiary of such a progr'dm-
(a) Davis Bacon Act
~1) T,ynimum wages.
(1) p~ll laborers and mechanics employed or working upon th~ sitc of the work (or
under the iJnited States Housing Act of 1937 or undar the Housing Act of 1949 in
~e ~~~~on or development of the project), w+i~1 b~ P~d unconditionally and
not less often than once a week, and, without subsequent ~ucUoe or reb~a~~t~e on
any account (except such payroll deductions as are permi Y ~a
3~e
issued by the SecretarY of Lab°r under the Copeland Act (29 CFR p
full amount of wages and bona fide firinge benefits (or cash oquivalents thereofl
due at time of payment comput,ed at rates not less than those contained in the
wagc determination of the Secretary of I-abor ~"'h~ch is avached hereto and made e
part hereof, regatdless of any contracma] relationship wluch may be alleged to
ezist between the Contractor and such laborers and mech~ucs.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laboreis or mechanics, subject to the provisions
of paragraPh (a)(I)(iv) of this section; also, regulaz contributions made or costs
incutred for morc than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly penod. Such laborers and
mechanics shall be paid th~ aPPrOPn~ W~e ~~d ~ge benefits on the wage
detcrmination for the classification of work actually Performed. ~~OUt re~o
k in
skill, except as provided in § 5.5(a)(4). Laborcrs or mechanics performing
more than one classification may bc compensa~ ~~e ~ SP~~~ for each
classification for the time actually worked therein, Provided that the employer s
payroll records accurately set forth the ti.me spent in each classification in which
work is performed. The wage determination (including h aa~ll°
of ~s section)
classification and wage rates conf13rmed hall be~P ~~)~es by the
and the Davis-Bacon poster (WH-
24
DE-EE0003g13/000
S~ Lucie County Board of County Commissioners
Contractor and its subcontractors at the site of the work in a prominent and
accessibk place where it can be easily saen by the workers.
(ii)(A) The Contracting pfficer shall require that any class of laborers or
mechanics, including helpers, which is not Iisted in the wage dete~minat~an ~d
which is to be employed under the Contract shall be classified in conformance
with the wage determination. The Contiacting Officer shaIl approve an additional
classification and wage rate and fringe benefits therefore only when the following
criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage detemunation;
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits, bears
a~asonable relationslup to the wage rates contained in the wage
determination.
(B) ff the Contractor and the laborers and mochanics to be employed in the
classification (if kno~vn), or their representatives, and the Contracting pfficer
agree on the classification and wage rate (includi.ng the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the Contracting Q~cer to the Administcator of the Wage and Hour Division,
U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
aut6orized npresentative, will approv~, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting p{ficer within the 30-day
period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in
the c}assification or their representatives, and the Contracting Officer do not
agree on the pr~posed classification and wage rat~ (including the amount
designated for fringe benefits, wbere appropriate), the Contracting Officer
shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator for
determination. Thc Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Con~acting Officer
or will notify the Contracting Officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii)(B) or (C) of this sectioq shall be paid to a11
vrorkers perfoiming urork in the classification under this Cvntract from the first
day on which work is performed in the class~cation.
25
DE-EE00038I3/000
St Lucie County Board of Counry Commissioners
(iii) Whenever the minimum wage rate presctibed in tlie Contract for a class of
laborers or mec
~
cs~~c ~
e~
P~n~
b~nefit as stated~the~wa8e~
hourly rate, th
determination or shall pay az?other bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor dces not make payments to a lrustee °r other third person,
the Contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in Pr°v~du?g b°na fide fr~?ge benefits
under a plan or program, Provided ~t the Secretary of Lab°r has found, upon the
written request of the Contractor, that the applicable standards of the Da~~s'Ba~on
Act have been met The Secretary of Labor may require the Contractor to set
aside in a separate accuunt assets f°r tl~e me~ng of obligations under the plan or
Pro~• ,
(2) Withholding. '1'he DePartment of Energy or the Recipient or Subrecipient shall upon
its own action or upon written request of an authorized represen~ve of the Department
of Labor withhold or cause to be withheld from the Contractor under this Contract~ anY
other Federal contract with the same prime contractor, or any other fedcrally-
contract sub}ect to Davis-Bacon prevailing wago reclUi~m~nts~ Wh~ch is held by the same
prime contractor, so much of the accrued PaYments or advances as may b~ considered
necessary to pay laborers and mechanics, including apprenuces. tra~nees~ ~d helpers,
employed by the Conuactor or any subcontrac
~~rer or mechanicf inclnduir
S
a~ by
the Contract. In the event of failurc w pay anY
apprentice, trainee, or helper, employed or working on the site of the work (or under the
United Stat~s Housing Act of 1937 or undcr the Housing Act af 1949 in the construction
or development of the p%}ect), all or PaR of the wages required by the Contract, the
Department of Energy, Recipient, or Subrecipient, may, aft.es written notice to the
Contractor, sponsor, applicant, or owner, take such action as may bc neccssarY to cause
the suspension of any further PaYment, advance, or guarant.ee of fimds u~?ul such
violations have ceased.
(3) Paytolls and basic records•
(i) Payrolls and basic records relating thereto shall be ma~~~ bY ~e
Contractor during the cours~ of the work and pres~rved for a period of three years
thereaftzr for all laborers and mechan~cs working at thc site of the work (or under
the iJnited States Housing Act of 1937, or under the Honsing Act of 1949, in the
construetion or development of the project). Such records shall contain the name,
address, and social security number af eaeh such worker, his or her correct
classification, hourly rates of wages paid (includin~
~eII~ ~~f of the ~types ~
anticipated for bona fide fringe ben~fits or cash eq
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
number of honrs workod, deductions made, and actlailv that thc wa es of anyhe
Secretary of Labor has found under 29 CFR 5.5(a)( )C ) g
26
St. Lucie County Board of County
C~
~~io,~
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)B) of the
Davis-Bacon Act, the Contractor shall maintai~ ~ords which show that the
commi~ent to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has b~n communicated in
writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in pro~~ng such benefits. Contractors
employing aPPrentices or trainees under approved programs shalI maintain
written evidence of the registration of apprenticeship programs ~d ~~{~~on
of ~ainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable progrdms.
(ii) {A) The Contractor shall submit wcekly for each week in which any Contract
work is performed a copy of all payrolls to the Department of Energy if the
agency is a party to the Contract, but if the agency is not such a party, thc
Con~actor will submit ihe payrolls to tht Recipient or Subrecipient (as
appiicable), appIicant, sponsor, or owner, as the case may be, for transmission
to the Department of Energy. The payroZls submitted shall set out accurately
and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), eacept that fui! sociat se~urit~, n~be~ ~d home addtesses shall
not be included on weckly transmitt~s. ~e payrolls shall only need to
include an individually identifying number for each employee (e.g., the last
four digits of the employee's social security number). The required ~,veek~
payroll infotmation may be submitted in any form desimd. Optional Form
WH-347 is available for this purpose from the Wage and Hour Division Web
site at http://www,dol.gov/esa/whd/formslwh34.7instr,htm or its successor site.
The prime Contractor is responsible for the submission of copies of payrolls
by all subcontractors. Contractors and subcontractors shall maintain the full
social security number and current address of each covened woricer, and sha11
Provide them upon request to the Department of E~r if the
party to the Contract, but if the agency is not such a party, the Conn~ct~ ~
submit them to the Recipient or Subrecipient (as applicable), appIicant,
sponsor, or owner, as the case may be, for transmission to the Depar~ent of
Energy, the Contractor, or the Wage and Hour Division of thc Department of
Labor for puiposes of an investigation or audit of compliance y~,ith Prev~g
wage requirements. It is not a violauon of this section for a prime contractor
~ to require a subconvactor to provide addresses and social security numbers to
the prime contractor for its own records, a~,ithout weokly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as
applicable), appficant, sponsor, or owner).
B) Each payroll submitted shall be accompanied by a"Statement of
CompIiance," signed by the Contractor or sui~contractor or his or her agent
who pays or supervises the payment of the persons employed under the
Contract and shall ceRify the foIlowing:
27
DE-EE0003813l000
St. Lucie County Board of County Commissioners
(1) That the payroll for the payroll period contains the information
required to be provided und~r § 5.5 (a)(3)(ii) of Regulations, 29 CFR part
5, the appropriate information is being maintained undor § 5.5 (a)(3)(i) of
Rogulations, 29 CFR part 5, and that such information is correct and
complete;
(2) That each laborer or mechanic (includi.ng each helper, apprentice, and
tcainee) employed on the Contract during the payroll period has been paid
the full weekly wages earned, without rebate, eithcr direcdy or indirectly,
and that no deducrions have been made either directly or indirectly from
the full wages carned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That cach laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as sPecified in the applicable wage
determination incorporated into the Contract.
(C) The weekly submissioa of a properly exe,cuted cerdfication set forth on
the reverse side of Optional Form WH-34? shall satisfy ihe requircment for
submission of the "Statement of Compliance" rcquired by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsificarion of any of the above certifications may subject the
Contractor or subcontractor to civil or criminal pcosecution under section
1001 of titlo 18 and section 3729 of title 31 of the United States Code.
(iii) The Con~actor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
uanscription by authorized representatives of the Department of Energy or the
Department of Labor, and shall permit such representatives to intervicw
employees during working hours on tbe job. If thc Contractor or subcontractor
fails to submit the rec~uired records ar to make tt?em available, the Federal agency
may, afterwritten notice to the Contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment,
advance, or guarantee af funas• Purthermore• failure to submit the required
records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitxed to work at less than the
predetermined rate for the work they performed when they are employed pursuant
to and individually registered in a bona fide apprenticeship pmgram registered
with the U.S. Deparcment of Labor, Employment and Ttaining Adminis~ation,
Office of Apprenticeship Training, EmPloyer and Labor Services, or with a State
28
DE-EE0003813/000
- St. Lucie County Board of County Commissioners
Apprenticeship Agency recogniud by the Office, or if a person is employed in his
or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, v~,ho is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationazy employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the Contractor as to the entire work force under
the registered program. Any worker Iisted on a payro]1 at an apprentice wage rate,
who is not registered or otheiwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage deteamination for the classification of
work actually performed. In addition, any apprentice performing work on the job
site in eacess of the ratio permiued under the regis~ program Shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed- Where a Contractor is performing construction on a project in a
locality other than that in which its program is registerr.d, the ratios and wage
rates (expressed in percentages of the joumeyman's hourly rate) specified in the
Contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at n~t less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
joumeymen ho~rly rate specified in t[ie applicable wage determinaaon.
Apprentices shall be paid fringe benefits in accordance with the p'rovisions of the
aPPrenticeship program. ff the apprenticeship program does not speci€y fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the appiicable classification. If the Administrator
determines that a different practice prevaiis for the applicable apprentice
classification, fringes shall be paid in accordance with thai determination. In the
event the Office of Apprenticeship Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeslup progra~n, the Contractor will no longer be permitted to utilize
appnentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees wiIl not be permitted to
work at less than the predetermined rate for the work performed uniess they are
employed pursuant to and individually registercd in a program which has received
prior approval, evidenced by formal certification by t~e U.S. Deparnnent of
Labor, Employment and Training Administration. The rario of ~ainees to
journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be
paid at not less than the rate specified in the approved progracn for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage deteimination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the t~inee
program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wagc dctermination unless the Admiais~tor of the
29
DE-EEOOU3813/000
St. Lucie County Board of Counry Commissioners
Wage and Hour Division determines that therc is an apprenticeship pro~am
as5ociated with the conesponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprenticcs.
Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by tbe Employment and Training
pdministration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio peimitted under the
registcred program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utiliu trainees at less than
the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iri) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this pazt shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in ttus Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and
Subrecipient's contractors and subcontraetor shall insert in any Contracts the clauses
contained herein in(a)(1) through (14) and such othcr clauses as the Deparmnent of
Energy may by appropriate instructions require, and also a clause requiring the
subcontcactors to include these clauses in any lower rier subcontracts. The Recipient shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with
all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may
be grounds for termination of the Contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All nilings and
inteipretarions of the Davis-Bacon and Related Acis contained in 29 CFR parts 1, 3, and
5 are herein incorporated by refetence in this Contract
(9) Disputes concr.mi.ng labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes ciause of this
Contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the Recipieat, Subrecipient, the Contractor (or
any of its subcont~actors), and the contracting agency, the U.S. Department of Labor, or
the employees or their representatives.
30
DE-EE0003813/000
St Lucie County Board of County Commissioners
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the Contractor's firm is a person
or firm ineligible to be awarded Govemment conuacts by vutue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(ii) No part of this Contract shall be subcontracted w any pexson or firm ineligible
for award of a Government contract by virtue of secrion 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1).
(iii) Tbe penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
(b) Contract Work Hoars and Safety Standards Ac~t. As used in this paragraph, the teims
laborers and mcchanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workwe~k in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a iate not less than one and one-half times
the basic rate of pay for all houcs worked in excess of forty hours in such workweelc.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (bKl) of this section, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall bc liable to the United States (in the case of work done
under conuact for the District of Columbia or a terriwry, to such District or to such
territory), for liquidated damages. Such Iiquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in pazagraph (b)(1) of this section, in the
sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (b)(1) of tlus section.
(3) Withholding for unpaid wages and liquidated damages. T7ne Department of Energy or
the Recipient or Subrecipient shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the Contractor or
subcontractor under any such contract or any other Federal contract with the same prime
Contractor, or any other federally-assisted contr-act subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such Contractor or
- 31
DE-EE0003813/000
St. Lucie County Bosrd of County Commissioners
subcontractor for unpaid wages and liquidated dama8a as Pr°~a~ ~~e clausc set forth
in paragraph (b)(2) of this section.
Contracts and Subcontracts. The Recipient, Subrecipient, and Recipieat's and
3ubrecipient's contractor or subcontractor shall insert in any Contiacts, the clauses set
forth in paragraPh (b)(1) th~'°ug~ (4) of this section and also a clause requirinS the
subcontractors to include these ~lausa ~n ~y lower tier subcontracts. The Recipient shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraPhS (b)~1) thr°uSh (4) of this section.
(5) The Contractor or subcontractor shall maiatain paYmlls and basic payroll records
dnring the course of the work and shall preserve them for a period of three years from the
completion of the Contract for all laborers and mechanics, including guards and
watchmen, working on the Contract Such records shall contain the name and add~ess of
each such employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
The records to be maintained under th~s Para~Ph S~ ~ m~ available by the
Contractor or subcontractor for inspection, cop}+inS, or transcription by authorized
representatives of the Department of Energy and the DePar~ent of Labor, and the
Conttactor or subcontractor will permit such representatives to interview employees
during working hours on the job.
(c} Recipi~t Responsib~7ities for Davis Bacon Act
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certi5cd PaYroll
records submitted by the Subrecipients and Contractors at any tier under ttris
Award;
(u) Revicw all DBA certified payroll records for compliance with DBA
requuements, including applicable DOL wage determinations;
(ni) Notify DOE of any non-compliance with DBA requirements by
Subrecipients or Contractors at any tier, includin8 anY non-compliances
identified as the result of reviews performed Pursuant to pazagraph (u) above;
(iv) Address any Subrecipient aad any Contractor DBA non-compliance issues;
if DBA non-compliance issues cannot be resolved in a timely manner, forward
com
plai.nts, summarY of investigations and all relevant information to DOE;
(v) provide DOE with detailed informauon regarding th° resolution of any DBA
non-compliancc issues;
32
St. Lucie County Board of Co n ty C~38
io/ne~rs
(vi) Perform services in support of DOE investigations of complaints filed
- regarding noncompliance by Subrecipients and Contractors with DBA
requirements;
(vu) Perform audit services as necessary to ensure compliance by Subrecipients
and Contractors with DBA requirements and as requested by the Contracting
Officer; and
(vui) Provide copies of all records tipon ~quest by DOE or DOL in a timely
manner.
(d) Rates of Wages
The prevailing wage rates deteia~ined by the Secreta~, af ~or can be found at
httn://www. wdol. ¢ov/.
33
DE-EE0003813/000
qttachment #1
Intellectual Property Ptovisions (NRD-1003)
Nonrc~earch and Development
Nonprofit organizations are subject to the intellectual property reQuirements at 10 CFR
600.136(a), (c) and (d). All other organizations are subject to the intellectual property
requiremcnts at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may wpyright anY "vork that is subject to copyright and was
developed, or for which ownership was Pu~'~hased. und~' ~ a°"`'~' ~E ~~'es a
royalry-free, nonexclusive and 'urevocable right to reprodncc, pablish or otherwise
use the work for Federal purposes. az?d to authorize others to do so.
(b) DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data first produced und~ ~
award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data
for Federal putposes.
In addition, in response to a Freedom of Information act (FOIA) request for
research data relating to published research findings produced under an award that
were used by the Federal Government in developing an agency action that has the
force and effect of law, the DOE shall request, and the recipient shall provide, within
a reasonable time, the research data so that they can be made available to the public
through the procedures established under the FOIA. If the DOE obtains the research
data solely in response to a FOIA request, the agency may chargc the r~quester a
reasonable fee equaling the full incremental cost of obtaining the research data. 'This
fcc should reflect the costs incurred by the agency, the rzcipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the
FOIA (5 U.S.C. 552(a)(4)(A)).
DE-EE0003g13/000
Attachmeat #!2
STATEII~NT OF PROJECT OB~ECT1y~S
St. Lucie Count~, goazd of County Commissioners
Kicking Kilowatts on the Treasure Coast
A• PROJECT OBTE("IZVF~
St. Lucie County's `big green dream°• is to become a uational leader and innovator in promoting
energy efficiency and renewable energy technologies, The Kicking Kilowans on the Treasure
Coast pro~ will be unique in its goals, its multiple partnerships, and its funding methodology.
The program, in the first three ye~~ y~,~ll not only allow more than 481 homes and businesses to
become more energy efficient and to invest in renewablc energies, it will provide a funding
mechanism that will sustain the program indefinitely - far beyond the time when federai funding
runs out. Over three years, t~e p~o~ ~SO will create more than 13g jobs in a local economy
that is currentiy experiencing an unempioyment rate of 14.6~0, one of the highest in the nation.
Local financial institutions an expected to invest mon than $15 milIion in private capitai,
providing extensive leveraging that will allow energy improvements in
cost loans to residents and businesses throughout the County. Tbis Sust
~n~a~~Ty ~u~~o ~
significant energy savi.ngs and job creation for years to come.
Progam objectives include the following:
1. Reduce energy costs for local home and business owners,
2. Promote energy conservation and renewable energy technologies,
3. Create new employment opportunities in the economy's emerging green markets,
4. Expand existing ~een job training facilities,
5• Lay the foundation for a more sustainable economic and environmental future,
6. Reduce the na~on's dependence on foreign oil,
7. Reduce the cost of energy efficiency improvements through low interest financing,
8. Attract private investment through funding mechanisms that include both Property Assessed
Clean Energy (PACE) and Community Development Financial Institurion (CDFn programs.
B• PRU.iECT SCOPE
The specific goal of Kicking Kilowatts on the Treasure Coast is to reduce utility bills for
residents and busincsses in St. Lucie County (and oventually, throughout the Treasure Coast)
through energy-efficient improvements to their properties. The progcam, created by the U.S.
Department of Energy's Energy E~ciency and Conservation Block Grdnt, wiil inclucie
weatherization, HVAC upgrades, sotar water heating and solar photovoltaic systems for property
owners throughout the County.
To provide low-cost financing for these improvements, a PACE Program will be de~eloped by
: estabiishing a Municipai Services Benefit Unit (MSBtn, allowing propem, owners to voluntarily
participate in the program. L.aan repayment will be made through theu P~rtY ~ bills. The
debt will stay with the property, giving homeowners
PACE pr~grau~ will maice energy efficiency investmen~
easiercand less ea nsi e b~~ ~e
a secure payback mechanism that will lead to lower upfront costs. The ro ~ y~V2~g
P gram will be overseen
1
DE-EE00~3813/000
pttachment #2
The non- rofit
by a non-profit financial institution curcenfly bein8 set up in St Lucie County. P
Develo ment Financmg Inshmtion (CDFn through the TreasurY
will seek status as a CommunitY P ~vesmnents that will enable it to continue
Department, allowing it to attract public and pri
making energy-related loans in perpeiu~h'• The CDFT will be the first in Florida to be established
solcly to provide energy efficiency and conservation enhancements.
C. TASSS TO BE PERF'OR1V~D
BiJDGET YEAR 1
Tssk 10 - Acceot and Initiste Award ent rocess and
Submit required DePartment of Energy gr~t ~d ~~~g f°~, ~~blish paym P
be~ ~~K, do~ ~ds after acceptance of cont~act.
Snbtask 1.1- Completion of Reqaired Forms
County staff assures FedC~O~wnloads~s~
and~accepts DOE conu~~t.ed Standard
ppplication for Payment; and
Snbtask 1.2 - Receive Reqnired Comt9 APP~o~
County staff submits contract and budget resolution to Board of County Commissioners
for approval. Begins to draw down funds after acceptance of contract.
Task 2 0 Comvlete Le~al Incoraor~tion
Establish non-profit corporation for PACE Prvgram-
Subtask Z.1 - Estabiish Board and C°mPlete Re~strations
Working committee aPP°~~ l~h~ Board of Dicectors; BOD completes Bylaws and
Articles of Incorporation; submits and receives corporate status az?d files for tax-exempt
status (501(c)3); applies for tax ID number and FZ- DACA Solicitation of Contribution
Registration.
Subtask 2.2 - Provide Acxonnting Complisnce
Executive director hires auditing firm to monitor accounting and 5nances.
Tssk 3 0 Impkment L.p.~~ ~~tions ~el, MSBU, energy suditois, product criteria,
Establish worldng commrtt;ees: loan, Pers°
operations. Hire staff and locate office space. Develop loan policies and procedures.
Subtask 3.1- Hire EmPloYecs tive assistant. Executive
Board of Directors hires executive dircctor and administra
director hires marketi.nS~education manager and loan processor.
Snbtssk 3.2 - Develop Loaa and Operating Policies and Procedures
Committees research and develop loan policies, procedures and praducts. Non-profit's
staff identifies and purchases required softv~'are•
2
DE-EE0003g13/000
Attachment #2
Sabtask 33 - Initiate De~e~pm~t of Bosiness and lyise~~ p~~
Non-profiYs Board of Directors and staff d~fine design criteria for business and
~e~g Plans f°r first t~ years, develop marketing and promotion materials, initiate
interactive Web site for promotion, education and loan applicatio~.
Sabtaslc 3.4 - Negotiate Adminis~boe ~IItract~
Board and executive director develop and process contracts between (i) County and non-
pr~fit and between (ii) naa_Profit and bank partners (e.g. for loan servicin
collecrion-MSBU, account and oth~r back-office activities~ g~ PaY~ent
Subtask 3S - Determine Operation I.oc~tion, Needs and Costs
Board and executive director define space needs and costs, equipment, operationa]
Procedures. Sign lease agreement and furnish space.
• Subtask 3.6 - Contrad for Audifing and Insp~on Services
Executive director reviews recommendations of auditor/contractor committees,
Determines needs for audiring and inspection, and criteria for energy product Bids for
defined services.
Subtask 3.7 - Edncate pablic, Recrnit Additionat Finanpal Snpport
Executive dircctor initiates promotion and implementation of se~minars and workshops for
public and con~actors, meets with eommunity and financial leaders to promote program
and amract additional investments. Extensive travel (more than 2,ppp ~ps ~~~y~
necessary throughout Treasure Coast and Paim Beaches (potential Investment Area
expansion). Marketing manager speaics to communi
workshops to educate pubfic about o ~'°ups, produces serninars and
needed. At least 1,000 trips annually. Staff assists as
~ Subtask 3.8 - Begin I,oan proc~~
Staff initiates training on software, determines paperwork needs, begins promotion and
loan processing.
Snbtask 3.9 - Conduct Energy Audits, Monitor Impr~vements
Subconttactor works with staff to conduct initial inspections to establish baseline energy
measures. Monitors improvements and conducts post-renovation inspections to verify
qnaIity.
BUDGET YEAR 2
Task 4.0 - Initiate CDFI Cert'~fication
Resea~h Investment Area, apply for CDFI certific$tion, tcansition non-profit into C;DFI, create
and ezpand loan revcnuc pool.
Subtaslc 4.1- Determine ET~igi-ble Investment Area
Board of Directors determines requirements and criteria, engages consultant as needed
and implements findings (beginning in ye~ 1).
3
DE-EE0003813/000
pttachmcnt #2
Snbtask 4.2 - Initiate and Complete CDFI Certification
Board of Directors and executive director apply for CDFI c~rtification ~d ~~e
e
assistance funding for busiuess and marketing plans (be~nn~n8 in Year I). Comp
transition of non-profit into CD'FI-
Snbtask 43 - Coordinate P~~a~ ~~~ent
Board of Directors and executive director work extensivcly with finan~ial ~ns~~tions
throughout the region to attract and process investments into non-profit
BITDGET YEAR 3
T~sk 5 0 C1ose out EECBG ~ndin8 ?~~m~t with bank investmcnts
Complete EECBG agreement and close out grant. Continue loan prog~an~
and additional grant revenue.
Task 6 0 Proied. Mana~ment ~ Reaortin
Reports and other dehverables will be providcd in accordance with the Fedcral Assistance
gepomng Checklist following the insnvct~°T~ ~cluded therein.
4
DDE F Kpp,~
~a US Deport~nerR of Enar~y
1uw..~w. o~~ FEDERAL ASS1SfANCE R~ORTIIYG t~IBClQ,LST DE-EE0003813/000
AND INS~RtJCT1pNS Atta~hment #3
1. Idmtifiabon N~nnb¢:
2. ~opam/Pmjea Titk:
DE-F~App3813. 000
E~CBG: KICI@~1G KllAWATIS ON 7'FIE TREpSURE COAST
3. Rxipienc;
St Locie Canry Boud of Caunty Comvussimas
4. Repot~Y Rey~mrmmts
F~"~"~' No. of coP;es
A. MANAGEMLNT REPO~TIlNG
~ Progeu Report
~ uPb~d f aopy eo tlu addns i~ ihe nut m4ann wwW vAG~_w9Ef7 6ov
~ Spxisl9xus R~poet A E~onit v~slon ~ MoOe 1
See Note 2
B. SCIENT7FIC/PECHIVICAL RL?POR1'Il~G
(1ZeQo~ts/Produc~ mnR be mbmimed wit6 appop~iate DOE F 241.
7he 241 famc ae availa6le at www.o.~+ e.,~., r,,,t ~
R~ ~
? Fintl Scimti6dl'xhnie~ Re~xt DOE F 2413
~ DOE F Z413
? Othc (cc DOE F 241.4
~0~10"E~ DOE F Z413
' Sciauifrc o~d ~rchnicn! coreferencu only
G FII~ANCIAI. REPO1tTI1NG
~ SR425. Finmci8 Smtus Report G, F Elecvonic versim
~ ~`'~'+6~ ~ng Report
D. CI,OSEpUT 1t8POBTING ~
See Nooe 3
? P~fart Certibpl;on
~ ~«+y cQric~,;«, F
? om4 's°
E- OTHER 1tEPORTD~iG
? Am~ol 6~dQect Coct Proposal
? Anaat loventorv of FedcallY Uwned Prope~ty. if aoy ~ yyyyyy
~OR11MG
~ Olha-Sa Sxtim S bebw: .6ov
~bQ~~l1CY CODFS AND DUE DA7FS:
A- Withm S cakader days e5er evews or u needcd
S- Se+mam~uLy; vithin 30 days a4er ecd of iepamn8 P~+~~
F- FinaL' 90 oaleMv dayc dtrr e~Nrateon a~roiwrim of [hc nvmi
Q-Q~er1Y: vithin 30 dayf atoer ead of the :eponi~8 P~d
Y- Ynrly; 90 drys dra the ad of Ihe +eP~DY paiod.
1K-Maub1Y. within 30 Qays a[er tlie rnd of thc ~eporGpg P~nod
S. SPecud Iertn~etiaos: Fans arc av~iLble at hannl/ww~v
1. 7he Maothly EECBG Progtess Repiut ~viII be due on Ihe 30° of tl~e mooth followi ~g the s~anfb for wEuefi data is bein
~ ReQort vn'II be die on Ihe 301° of the maNb toilowing the q~rtter for which da~a u bea 8~• 'Ihe Quutaly FECBG
d~
May 30.101Qa S~x
a~oas u~ ae their iapective due d~ec. Mo~hly ~g will be~
~Fa the 3`Q maah d each ~Y RPatia& Pmod
~://a~ww.eacb e....m,.s~L_L~t..... 7 odf ~'~t ZpIQ wiW the fitat mon161y repoR
2. Submit repoet to t6e DOE Pmject Offica.
-~m repoa of kvera8ed f~d ~~tpendiuues m the DOE Projxt OB'~. upm +aN~
ARR/~Fafamaoee Pmgess Report: 7'he caryieed ~ aee due ro larer t6an ca? ~ eiays aftc ac6 almdu quaner in which the recipient iccaves
me au;,r~oe.waa timdea m wnob or in ptt by t6e Rawvar Aa. xecipie~u ,re ;nstruaed m meinuin am in ada to
Terns md Coodrtionc far ge~v~y Act ceponing req~ar~u, a with the fdlow~ +~P°R ul~lativdy. See the Speeial
~8 web eite: htm7/w~vw_fe~le~;..e
2. Di~positim of I~toric Arxrvstion Canwka~ions by Ca~eBaY ~P~: 7L~c teport ahall be submided aooua0 on
fO~OO~~F• Y ~ber 1. A rr.poruog {p~
~ FO~~ ~Stanct Repotting Instructions on followin
8 PaB~s for more detai Ls,
DE-~3813/000
ptiachmenc #3
Federai Assistanoe Reportin8 ~~Offi
gepot~ing requirements under the F.ECBG ProSram consist of d~e following tyPes of iepotts:
SPECU~I. STATUS REPORT
The rxipient mast raport the followin8 evems by e-mail as soon as possible afta they occ~r.
1~,e~pments that have a significant favoreble irnpact on the pro,jec~
2. Problems, delays, or advesse conditions which materiallY imPair the rxipimt's ability to meet the objectives af the
award or which may recNire ~E to respond to questions relatiag to such events from thc pnbiic. For e~1e, the
tecipient must report any of the following incidmts and include the anticipeted imPa~t a~ nemedial action to be
taken to comect or resoive the problecNoonditiort:
a My single fatality or i~uries reqtriring hospi~lization of 5ve or anne individoals•
b. Any significant emiro~eMal pezmit violaaon
c. Any ve~al or written Notice of Violation of any Envisanmmtal, Safet}'• and Health statutes or regulations.
d. Any incident which causes a si~ificaot grocess or haz.std eonu~ol system faihue.
e. ~y event which is andcipated to caus~ a sign'ficant schedule slippage or oos~ i~•
f. pny damsge to Govetnment-0wned eqaiPm~?t in excess of 550,000•
g. Any othes incident that bas the potential for high visibility in the maiia
FINANCIAL REPORTING
• FOR ALL RECIPIENTS: Submit a QuimteTlY Pm~ess ~p°rt aa~d the SF-425 F~ederal Financial Repon-
Instctxtioas for the Q~arterlY P~'°8~5 ~P°rt ~ below. The SF-425 is availabk at
~rtiDJlwww whitehouse ¢ov/omb/~*++n~~findexhtml.
CLOSEOUT REPORTING
'T"fiq~~°-° ~ired inv~wries of non-ezempt propaty.
v?de the Property Certification, includin8 the r~9
The recipient must pro .
locatai at httpJ/~.pr.dce.gov.
pNTiLTpL REPORTS
FOR iJNII'S OF LOCAL GOV'E%RWMENT AND NONPROFTfS: Submit annual rcpotts not later thaz? tW+o (2)
• years after the effective date of t6is award and anmsally thueafter. The annual ieport shall descrilx the staws of
developm~nt and imQlemenmtion of the enrgy efficie~y and conservation strateBY an~ an assessment of enerSY
~«~y ~ a,i~a thc jurisdiction of ihe eligible unit of local govcnunent or nonprofit organizations. 'The
annual report shall also address the meuics listed below.
. FaOR STATFS: Snbmit annual iepores noc later than one (1) year after the efiective date of this award and annually
thercafler. Thc annusl report will includt the iaetrics i'~sted below as well as:
• The stams of the snbgrant program of thc state:
• Specific enelgy efficiency and conscr"ati°n 8oals of the state for subseq~eat calendar Years; and
2
DE-EEOpp38I3/b00
Attaclunent #3
ARRA PERFORMANCE PROGRESS REPORT
Failr~rr to cornply with this rrportrn8 ?rqidremeat mm rGSUIt in urn~i~tiore of that pan of the award
fnndireg by Recovery
Acr,
Not 3ater than 10 days after the e~ of each calendar 9oerter. each ~,ecipient shall snbmit a~port to the grantor
eB~Y ~ ~ontains:
• T1~e total amourt of American Rwovery an~ l~v~t Act of 2009, pub. L. 1 I 1-5. covered fnnds meivod from
thataSency;
• Tbe amoarN of American Rxovery and Reinvesm~ent Act of 2009, Pub. L. I 11-5, covered funds r~~~ that were
uP~dod or ob&8ated co project or aMivii;es;
' A de~iled Iis[ Of ell projects for wltich Americ~ct Recovery and Reurves~mt Act of 2009, Puh. L. 111-5. covesed
funds ~~ere ezpmded or obtigated inclnding:
o Name of project
o Deacription of pro,iec[
o Evaluation of the comp(e~ion status of project
o Fsdmete of number of jobs crcated and netained by projea ia tlre n,aener and
form prescribed by DOE
o InfiasWctun investments made by 5tate and local governments, Pt~,~, taisl cost. rabonale or agency for
~~8 ~astivcture inve~meat, name of agency comact.
0 laformatioa on subconuacts or subgtants awanied by iecipient to include d~a elements reQuiied to comply with
the Federel Accouncabiliry and Tranbpm~ency Act of 2006 (Pnb. L. 1Q9-282).
ndnimnm~ ~ ePP~ the periodic ARRA - Perfoanance progxess Repcxt to include reporting on the following. at a
The results of the fu~ing provided for the ~CBG
Act (ARRA) will be assessed acco ~0~ throug6 the American Reoovery and Reinvestrnent
rding to the foliowinB perfor~ ~cs:
• 3obs created and/or retained
' Energy (kvvh/therms/gallons/BTtJs/etc.) saved
• Renewabk energy generated
• GHG emissions reduced
• Cost savings
The mehics desc~ibed below ~~~ed to ~ack the accomplishmears of pmjects funded by EECBG.
States ~st ~t include iesults iePoried by direct gisnt iecipieats. Grant recipients w+ill be presentEd with
nP~B n9uinements at the time they receive fundiug and will be ezpxled to ieport their achievements in
terms of the spxified metrics p~esentsd below.
Grant redpients will be re4uired to repoit on ProJect ezpendiuurs, and also on specific activides and
achiev~emeat~. soch as square feet of buildings reavfitted. These items tend w be outputs (actions takai by
~u ~ia~ta) but alao include some short-tam outootas (r+esults achieved relatively soon after projec~
oatputs oce~that lead towand attaiament of ultimate pr~ject obja~ves).
ExPmditnees: Accucaoe ~rds sbould be kept on PnoJcc~ e~ndit?u'es for all EECBG ARRA f~nded effortc.
T'he spccific iafoimation to be gathered a~ u~acked is listed below. It will be the same for all project types:
• EzPendit~mes forprt?ject activities
• Expendihaes for adrmnistration
• Ezpendidue,c for evaluation
• L.everaged funds
3
DE-EB0003813/000
pttachmtni #3
tmmes (DOE v~L ~viae suPP~~m~°~ S~OC °n how to nlculate these oatoomes
S~ort-term Oa at a re~~ ~te and natioaol
to eosun co~m~ ~t resolts can be ag~'~
Icvd):
~rgy Sa~iags (1~wh equivalents) consumption (mmc~ bY se~or and end-nse cate8ory
. Annual rednctioa in nadual Sas~n~tion (MWh) bY sect°r and end-use cateSory
• Annual redudion in ela~ricity b sector and ead-nse c~ttegorY
• Annual reduction in electiicity demand (MR~) Y
. pnnual red~ction in fuel oil cooaia?Ption (galloas) by aecWr azd ead-use t~teBorY
• Annual rcduction in propane coneumPtion (8~0~~ by sector and end-nse c~tegor5'
• Annaal reduction in gasolinie and diesel fuel coa~tion (gallons) by sector and end-use
catr.gory
iob C~effiion/Retention
• Number
• Type
• Ihaation
Re~wabk Enagy CaPac~tY ~d Gene~ation ca aci installed (Mw)
. Amount of wind-powa~ed electric g~g F tY
• A~unt of el~t5' B~~T~ ¢Om wind systems (Mwh)
. Amoimt of photowltaic g~8 ~P~~Y ~lcd (Ma')
• Amount of ebctricity ge~rated fivm Photo~oltaic systems (Nlwh)
• Amamt of electac geneiatin8 cap~~Y ~'Om other renewable sounces installed (Mw}
. Amo~mt of electricitY 8en~~at~ fi'°m other renewable soittces (Niwh)
Emissions Reductions (tons) (C02 e4uivalents)
• Methane
• Carbon
• y7ilfiII dioxide
• Nitrogen oxide
• Carbon ~mzide
Pecsonallv I~entifiable Inforroation (PID
Reports musc not contsin any Prorecud PIl. PII is any information about en i~ividual which can be usod to
distiagui~h o~ uace an individual's identity. Some infotmation that s~~
t~ co~derad
so~rces snch as telephone booics, Poblic web~ces. universiry listin8 number. e-mait address,
to be Pablic PII and includ~s• for ~~an°P~~o~~~~s ~ p~tecred PII is defined as an
home teiephone nnmber. and 8eae~1
individusl's fust name or fi~st iniual and last name in combinati~on~
~°card nu
~mbers, c~learances. bauk ~n,
including. but not limited [o, social securiry number, P~P~rt
numbers, biometiics. date and place of birth, motber's maiden name, criminal, malicxl and financial iecords, educationa!
tiansciipts• etc.
4
r~~: sc ~ c,~,my ao~d a cwmy co~.r.~,~„e,s A~d Nim~6er ~E-EE0 0 0381 310 0 0
Attachment Ard
BUdQlt IIIfOfllqbWi • NOfl C011~11C~11 P?p~171115
~ A-
Gret PmRam Fun~on a E+~W FuMc
~y Nsr a Rw~d
, ~F~~ F°d°~ Na?Federal Tofol
c 4
~°""w"~R~~ 81.128
52.941.500 SO 52,941,500
2 61.128
3 61.126
4. 81.128
s. T,~
S2.9at,5o0 .SO i2,94t.5oo
s. Object Grs C~eypes C,ert Peo0eae4 FuWion a Ae1My
fff~G Taoc 2 T~ ~
l Ppwrnid ~
a. Fmps BeneA~ ~ ii1
c Trnsl SO ~
a t~"°'i ~ SO
a ~ ~ ~p
t. Cormama! SO
52,941,500
e. Coroeueion ~ 52,941.500
n. olher ~ So
i. Todl Dea drpss (wm of 6a6A~ s2.941.500 ~
j. Indied Cl~pes ~ f2.941,5~0
k Tahit~on~dB4b~ ~.~1.~ jp
7. Piopurn ucome 52.941.500
~
~ia~ ~
Rs~~s Edifim 1~61e sFi~ll? (Rer. us2)
•iteozia~a tor Loul Mprod;+ctio.~ ~~bY~~GO1V/E702
~ ITEM NO. X
; ~ ~ I ~ J A ~ DAT E : 12107/10
S AGENDA REQUEST REGULAR ~ X)
• ~ '
PUBLIC HEARING ( )
LEG. ~ 1
QUASI-JD ~ )
CONSENT ~ )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
- Faye W. Outlaw, M.P. ~
County Administrat r
SUBMITTED BY: Administration
SUBJECT: Two-Month Trial Board Meeting Schedule
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum
RECOMMENDATION: Board acceptance of the Chairman's recommendation and authorize
implementation of the change in the schedule of the Board's regular and informal
meetings on a trial basis effective January 4, 2011 through February 22, 2011.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, M.P.A.
Approved 5-0 County Administrator
CoordinationlSiqnatures
County Attorney ( ) OMB Director ( )
Budget Analyst
Daniel Mclntyre Marie Gouin
. Patty Marston
Originating De ~ ERD ( )
Faye W. Outlaw, (Name)
M.P.A.
~
° ~ ~ ~ ~ COUNTY ADMINISTRATION
~
' ' ' ` MEMORANDUM
TO: Board of County Commissioners
FROM: Faye W. Outlaw, MP
County Admini ator
DATE: November 29, 2010
RE: Two-Month Trial Board Meeting Schedule
This item is in follow up to discussion at the November 26~' informal meeting regarding a potential
change in the Board's meeting schedule. Currently, the Board holds four regular meetings per
month and one informal meeting per month. Regular night meetings are held the first and third
Tuesdays and regular morning meetings are held the third and fourth Tuesdays. Informal meetings
are held the afternoons of the fourth Tuesday.
The Chairman is proposing the Board change its meeting schedule from five meetings per month to
three meetings per month. Two regular and one informal Board meetings would be held. The first
Tuesday would be the night meeting, as it is now. The second Tuesday would be the informal
meeting, held in the morning rather than afternoon. And the third Tuesday would be the regular
morning meeting. The fourth Tuesday would be reserved as a stand-by Board day should an
additional meeting be warranted.
Chairman Craft asked the Board to consider a change to its meeting schedule on the following
basis:
1. Operational Productivity-Cost Savings. The most apparent cost savings would be in staff
time and productivity. Consolidation of the two morning meetings would require the cadre of
staff to attend one meeting. Staff would be freed up to devote the time, not spent at the
second morning Board meeting, to department operations. Another benefit in staff time
relates to agenda review meetings. Four such meetings are held each month for
preparation of the regular Board meetings. Agenda review meetings would be cut back to
finro meetings which, again, would free up staff time to focus on department operations.
As the Board knows, it is now an even bigger challenge for staff to maintain County
operations. Our organization lost an unprecedented number of management and
professional level positions as part of the restructuring that occurred in FY10. Managing
core programs and services with even fewer staff increases the burden on remaining staff.
1
To mitigate the impact of the increased workload on our reduced staff, the Board was asked
to consider four policy changes at its May 2010 Strategic Planning Session; attached as
Exhibit A. The Board did not discuss the proposed policy changes in light of its focused
discussion on the budget deficits and fiscal sustainability plans. However, Item 2, Revised
Purchasing Policy Manual, was approved at the Board's August 24, 2010 meeting. The new
Manual shifted several items from consent approval of the Board to administrative approval
of the staff. Item 4 proposed a reduction of monthly regular and informal Board meetings,
(Staff is working on Item 3 and, at a future meeting, plans to discuss Item 1 with the Board).
2. Length of the Meetings. As provided to the Board at the informal meeting, attached is a
breakdown of the duration of the Board's FY10 meetings (Exhibit B). The length of the night
Board meetings is largely dependent on the number and nature of the public hearings held
on each agenda. Whereas the length of the morning Board meetings tend to be dependent
on the number of proclamations and outside presentations that are included on the agenda.
Should the Board agree to changing its meeting schedule, it would go into effect on a trial basis
starting with the January 4, 2011 Board meeting through the February 22, 2011 meeting. It should
be emphasized that the Board would continue to conduct business in the same manner and degree
of transparency. The same kind of agenda items heard now would continue to be heard by the
Board and the informal meetings would still be held in the same format. Again, the major change by
the Board would be to conduct its business in three meetings per month rather than five meetings.
Staff recommends the Board approve the Chairman's recommendation and authorize
implementation of the change in the schedule of the Board's regular and informal meetings on a trial
basis effective January 4, 2011 through February 22, 2011. Upon conclusion of the two-month trial
period, the Board would decide whether or not to stay with the new schedule, modify the schedule or
go back to the current schedule.
Attachments
cc: Department Directors
Assistant County Administrator
County Attorney
2
Exhibit A '
POLICY DIRECTION DURING TRANSITION ~
MOVING TO SUSTAINABILITY
Streamlined Operations
Budget reductions which reduce staff and operating funds result in a reduced level of service
across all County departments. However, the reduced level of service can be mitigated to
some extent by policy changes which keep staff focused on core programs and services.
Recommended changes include the following:
1. No new initiatives or programs without a compensating adjustment in current .
workload or additional staff to assist with new initiatives or programs. -
County staff and operations will be dramatically impacted by the reductions needed to
close the $56 million budget gap. Unless projections change, there will likely be more
cuts in FY 11/12, making the funding of new initiatives and programs very difficult
without the identification of commensurate reductions in existing programs and
services_
Perhaps more importantly, as an organization, the County must be provided an
opportunity to recover and to stabilize and then begin establishing a new framework
from which to operate. This period of normalization will be vital to allow employees
time to grieve the loss of co-workers, friends and peers, to accept their own personal
financial losses and to adjust to the new work environment.
Z. Adoption of revised Purchasing Policy Manual.
Staff will be bringing forward a revised Purchase Policy Manual in the near future which
will update and streamline purchasing, bidding, contract and other procedures.
3. Adoption of revised Employee Policy Manual.
A major revision of the Employee Policy Manual is overdue. Human Resources has been
working with Administration, Diredors and Legal to update our current policies. Staff
anticipates bringing a revised manual to the Board no later than October 2010.
4. Reduction of monthly Board meetings and informal meetings.
Given staff layoffs, the significant reduction or elimination of numerous programs and
services, and the streamlined policies and procedures, the Board could consider
reducing the number of Board Meetings and Informal Board meetings. Based on the
anticipated work load, Administration recommends the Board meet the lst Tuesday of
the month for the night meeting and the 3rd Tuesday of the month for the day meeting.
Informal meetings could be held every other month if needed.
1
I I-50
Exhibit B
• FY 2010 BOCC MEETING BREAKDOWN
Commission Meeting Duration Key Items
09/28/2010 09:OOAM 0 Hours 29 Minutes
09/21/2010 06:OOPM 1 Hours 08 Minutes
09/14/2010 09:OOAM 0 Hours 36 Minutes
09/07/2010 06:OOPM 2 Hours 45 Minutes 2nd PH kennels in IL Zoning Districts
08/24/2010 09:OOAM 1 Hours 21 Minutes
08/17/2010 06:OOPM 1 Hours 30 Minutes Prayer Tower Conditional Use/1st PH
Kennels in IL
07/27/2010 09:OOAM 4 Hours 03 Minutes Millage Rate PH
07/20/2010 05:OOPM 4 Hours' 03 Minutes : Public Comment on Millage rate
06/22/2010 09:OOAM 0 Hours 58 Minutes
06/15J2010 06:OOPM 4 Nours 14' Minutes Sunset Lakes PH '
06/08/2010 09:OOAM 0 Hours 59 Minutes
06/01/2010 06:OOPM 4 Hours 'S5 Minutes EAR PH / Utiliry Rates PH
05/25/2010 09:OOAM 1 Hours 11 Minutes
OS/18/2010 06:OOPM 4 Hours 49 Minutes ist PH Village of Sunei Lakes
05/11/2010 09:OOAM 1 Hours 00 Minutes
05/04/2010 06:OOPM 1 Hours OO Minutes
04/27/2010 09:OOAM 1 Hours 42 Minutes
04/20/2010 06:OOPM 0 Hours 32 Minutes
04/13/2010 09:OOAM 1 Hours 36 Minutes
Health Chem Major Site Plan Approval
04/06/2010 05:OOPM ' i Hours 08 Minutes
03/23/2010 09:OOAM 2 Hours 18 Minutes TDC Approval of Capital Grant Funding
Allocation
U3/16/2010 06:OOPM 0 Hours 45 Minutes
03/09/2010 09:OOAM 0 Hours 54 Minutes
03/02/2010 06:OOPM ' 2 Hours 05 Minutes Majesty Conditional Use; counry
Attomey - Zoning In Progress ordinance
02/23/2010 09:OOAM 0 Hours 47 Minutes
02/16/2010 06:OOPM 2 Hours 09 Minutes 2nd PH Sand End for FLUMA and
RezoneJPH for BPSC Road Impact Fee '
A m n
02/09/2010 09:OOAM 0 Hours 43 Minutes
02/02/2010 06:OOPM 4 Hours 53' Minutes Historic Preservation PH
Shinn Road PH
O1/26/2010 09:OOAM 4 Hours 55 Minutes Elephant Center PH
01/19f2010 06:OOPM 2 Hours 32 Minutes lst PH Sand End/2nd PH Shinn
Equestrian
01/12/2010 09:OOAM 0 Hours 23 Minutes
01/05J2010 06:OOPM 1 Hou~s 10 Minutes
12/22/2009 09:OOAM 0 Hours 57 Minutes
12/15/2009 06_OOPM 6 Hours 59 Minutes Shinn Road Equestrian PH
Im act Fees PH '
12/08/2009 09:OOAM 2 Hours 57 Minutes Sedona PUD 12-month extension; Public
Works multiple PH for Lighting Districts
11/24/2009 09:OOAM 0 Hours 52 Minutes
il/17/2009 09:OOAM 0 Hours 24 Minutes
FY 2010 BOCC MEETiNG BREAKDOWN
11/10/2009 09:OOAM 1 Hours 02 Minutes
11/03/2009 06`OOPM ' O Hours 55 Minutes
10/27/2009 09:OOAM 1 Hours 47 Minutes
10/20/2009 06:OOPM 3 Hours 23 Minutes PH for Rpads, Parks, Public Building
' Im ad Fees
10/13/2010 09:OOAM 0 Hoisrs 16 Minutes
10/06/2010 06_OOPM ' 2 Hours 22 Minutes Regular'Agenda had 5 items induding .
discussion of Rural Lands