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HomeMy WebLinkAbout9-4-2012 Agenda Packet0001114 ifiiiWhiiiiififiiffifi iihWhihil September 4, 2012 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 09/04/2012 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. INVOCATION-PLEDGE - To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. 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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed rflor 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 public 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 clearly 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; the first Tuesday at 6:00 P.M. and the third Tuesday 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. September 4, 2012 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st•lucie.fl.us www.stiucleco.org IiIlSiioilfilii06iliiliifiili0iifiii8{Iiitii?ifiilliYiiitGGAii6tiiialfiiiiiliiltiliiifilllffii?iIIiifiiiiH?EifiiiiYlilYfllGlltYilifiiiiiiHftifiiiiiiliiliii0illihillfiiiiliiilliil3Ya'iiiii{flfiitliii Chris Dzadovsky, Chairman District No. 1 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 Ifiiiilisiudu6oi8i81??1i?Iiiitliiiiif911iiitdoiuoii1103iiiiifL?iui3i3it9o(iiOY'iuliihf6Hi?ifii6iiihfiHnoio3Hiiiifi?liufiiiAfifi6iiii??uil?ilioNli4ii31ii?fif?iuoYiilisiViY3Y+k?iliiliiiN INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 21, 2012 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTYATTORNEY Resolution No. 12-148 - proclaiming the month of September 2012 as "Hunger Action Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 12-18 as drafted. B. COUNTYATTORNEY Resolution No. 12-155 - "Citizenship Day" and "Constitution Week" Consider staff recommendation to adopt Resolution No. 12-155 as drafted. C. COUNTY ATTORNEY Resolution No. 12-165 - Proclaiming September 15, 2012 as "POW/MIA Recognition Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 12-165 as drafted. ADDITION D. COUNTYATTORNEY Resolution No. 12-170 - proclaiming September 4, 2012 as "Labor Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 12-170 as drafted. ADDITION E. COUNTYATTORNEY Resolution No. 12-171 - proclaiming September 4, 2012 through September 11, 2012 as "St. Lucie County Public Safety Memorial Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 12-171 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 48 and 49. B. COUNTYATTORNEY Contract for Sale and Purchase - Jenkins Road Improvements - Mr. & Mrs. Mario Gentile - 3646 South Jenkins Road -150-feet frontage of Parcel 2430-323-0001-00016 (portion) Consider staff recommendation to approve the Contract for Sale and Purchase from Mr. & Mrs. Gentile, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Donation of Right-of-Way - Jetson Investments, Inc. - Jetson TV & Appliance -10-feet of right-of-way and a corner clip on Tumblin Kling Road - Resolution No. 12-162 Consider staff recommendation to accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 12-162 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 3. Street Naming - Berger Street to Berger Road - North to Orange Avenue and West to FFA Road - Resolution No. 12-163 Consider staff recommendation to approve the proposed street name of Berger Road, authorize the Chairman to sign Resolution No. 12-163, direct staff to notify all the property owners of the approved street name and all the necessary entities that affect service to this area. 4. Donation of Right-of-way - Waste Management Inc. of Florida -10 feet on Selvitz Road - Resolution No. 12-164 Consider staff recommendation to accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-164 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ADDITION 5. Special Assessment Notice of Intent for 2013 Consider staff recommendation to advertise 10 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in the agenda memorandum. C. HUMAN RESOURCES Health Plan modification and discounting Premiums using Insurance Fund Reserves and change employee contributions to a percentage basis for all participating Constitutional Offices and Agencies. Consider staff recommendation to approve Resolution No. 12-151 changing the health plan options and authoring adjustment of monthly health premiums using $2,660,000 of Insurance Fund reserves to discount monthly premiums and to change employee contributions to a percentage of premium basis and then further adjusting the employee contributions for all BOCC, Constitutional Offices and Agencies employees participating in the Board of County Commissioners Health Plan. 2. Renewal of the SYMETRA Financial Excess Stop Loss Re-Insurance policy for the Group Health Plan Consider staff recommendation to approve renewal of SYMETRA FINANCIAL Insurance Company Health Benefits Stop-Loss policy number 16-010181-000 for the period from October 01, 2012 thru September 30, 2013. 3. Amendment to the Blue Cross Blue Shield of Florida Administrative Services Only Agreement for Administration of the County Health Plan. Consider staff recommendation to approve the attached Amendment to the existing Blue Cross and Blue Shield d/b/a Florida Blue Administrative Services Only Agreement for the Self-Funded Medical Services Health Plan. 4. Corizon Inmate Health Care Invoice No. CZN000011406 for FY-2012 Consider staff recommendation to approve payment of Corizon Health Services invoice number CZN000011406 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $743,730. 5. CORIZON Health, Inc. Inmate HIV Medications Invoice for June, 2012. Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number CZN000011405 for Inmate HIV medications for the FY-2012 period of June 01, 2012 through June 30, 2012, in the amount of $51,101.08. 6. Corizon Inmate Health Care Invoice No. CZN000011561 for FY-2012 Consider staff recommendation to approve payment of Corizon Health Services invoice number CZN000011561 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $107,343.33. CORIZON Health, Inc. Inmate HIV Medications Invoice for July, 2012. Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number CZN000011560 for Inmate HIV medications for the FY-2012 period of July 01, 2012 through July 31, 2012, in the amount of $24,244.24. D. PARKS, RECREATION & FACILITIES Parks and Special Facilities Division: 1. Bid No. 12-035, LED Electronic Sign for the Havert L. Fenn Center Consider staff recommendation to award Bid No. 12-035, LED Electronic Sign for Havert L. Fenn Center, to SignAccess, Inc. as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. 2. Waiver of Facility Rental and Admission Fees for the National Estuaries Day Consider staff recommendation to approve to waive the facility rental fee of $450 for the Smithsonian Marine Station for the National Estuaries Day Festival and approve to waive admission fees during the festival and accept a fee of $400 from the Smithsonian Marine Station and $250 from the Regional History Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. 3. Waiver of Havert L. Fenn Center Rental Fees for the Workforce Solutions 2012 Regional Job Fair Consider staff recommendation to authorize waiving of $675 in facility rental fees for the Workforce Solutions 2012 Regional Job Fair to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. Facilities Division: 4. Courthouse Annex Renovation, Boran, Craig, Barber & Engel (BCBE) Change Order No. Consider staff recommendation to approve Change Order No. 4 to Boran, Craig, Barber and Engel as outlined in the agenda memorandum. E. PLANNING & DEVELOPMENT SERVICES Tropicana Manufacturing Company, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives - 6500 Glades Cut-Off Road, Fort Pierce, FL Consider staff recommendation to approve Job Growth Investment Grant JGIG-12-001 in the amount of $16,500 phased over two years ($8,250 per year). PUBLIC WORKS Road & Bridge Division: 1. Bid No. 12-036, Purchase of Asphalt Millings Consider staff recommendation to award Bid No. 12-036, Purchase of Asphalt Millings to Ranger Construction of Fort Pierce and Dickerson Florida, Inc. of Fort Pierce and authorize the Chairman to sign documents as approved by the County Attorney. Administration: 2. Taylor Creek Dredge Material Management Area Consider staff recommendation to approve Work Authorization No. 2 with Dredging and Marine Consultants for Construction Management and Inspection Services in the amount of $155,180 for the Taylor Creek Dredge Material Management Area and authorize for the Chairman to sign documents as approved by the County Attorney. PUBLIC WORKS CONTINUED PULLED PRIOR TO MEETING 3. Taylor Creek Dredging Phase 2 Consider staff recommendation to approve Supplemental No. 1 to Joint Participation Agreement #425969-1-94-01 with FDOT in the amount of $1,160,000 for Dredging of Taylor Creek Phase 2, approval of Resolution No. 12-160 and authorize the Chairman to sign documents as approved by the County Attorney. PULLED PRIOR TO MEETING 4. Inlet Channel Emergency Dredging Consider staff recommendation to approve Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) in the amount of $140,000 or Emergency Dredging of Inlet Channel, and Resolution No. 12-159 as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. G. HOUSING & COMMUNITY SERVICES Housing Division: 1. Citizen Advisory Task Force (CATF) Consider staff recommendation to approve the Citizen Advisory Task Force members, and authorize for the Chairman to sign documents as approved by the County Attorney. 2. Neighborhood Stabilization Program 1(NSP1) Invitation to Bid #24 Consider staff recommendation to approve to enter into a contract with Black Street Enterprises, LLC for the rehabilitation of 5414 Winter Garden Parkway under the St. Lucie County NSP1 grant, as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney. 3. Neighborhood Stabilization Program 3 (NSP3) - Invitation to Bid #21, #22, #23 Consider staff recommendation to approve to enter into a contract with One Construction for a demolish/rehab project, and Black Street Enterprises LLC, for two rehabilitation projects under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney. Library Division: 4. State Aid to Libraries Grant and Annual Services Plans Consider staff recommendation to approve to submit the annual State Aid to Libraries Grant and approve the Library's required Annual Service Plan, and authorize the Chairman to sign documents as approved by the County Attorney. SUPERVISOR OF ELECTIONS Indemnification Agreements - Precinct Numbers 6, 7, 8, 9, 10, 11, 13, 14, 15, 23, 24, 25, 26, 28, 31, 33, 35, 40, 41, 42, 43, 52, 56, 66, 73, 85, 90, 92, 93, 94 Consider staff recommendation to approve the Indemnification agreement between the County and the listed Precincts and authorize the Chairman to sign the Agreements. VII. PUBLIC HEARINGS A. B. C. D. E. COUNTY ATTORNEY Request for an Order Pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Complied Laws, to repair or demolish an Unsafe Structure at 4955 South Indian River Drive, Fort Pierce, FL Pursuant to the provision of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. COUNTY ATTORNEY Ordinance No. 12-016 - Amending the Code of Ordinance of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom Consider staff recommendation to adopt Ordinance No. 12-016 and authorize the Chairman to sign the Ordinance. COUNTY ATTORNEY Ordinance No. 12-017 - Amending Article III (Code Enforcement Board) of Chapter 1-2 (Administration) of the Code of Ordinances of St. Lucie County to be consistent with Florida Statutes Consider staff recommendation to adopt Ordinance No. 12-017and authorize the Chairman to sign the Ordinance. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit - MCZ/Centrum Citrus Farms, LLC Mine located on the north side of Orange Avenue, between Minute Maid Road and C-24 Canal Consider staff recommendation to adopt Resolution No. 12-115 approving a Conditional use Permit for a sand and coquina rock mining operation as outlined in the agenda memorandum. PUBLIC WORKS MCZ/Centrum Citrus Mining Permit Application - Mine located on the north side of Orange Avenue, between Minute Maid Road and C-24 Canal 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. COUNTY ATTORNEY 2012 Economic Development Exemption Application - Tropicana Manufacturing Company, Inc. Ordinance No. 12-018 - 6500 Glades Cut-off Road, Fort Pierce, FL 34981 Consider staff recommendation to adopt Ordinance No. 12-018 and authorize the Chairman to sign the Ordinance. G. COUNTYATTORNEY Resolution No. 12-106 - Final Assessment Resolution Consider staff recommendation to adopt Resolution No. 12-106, the Solid Waste Final Assessment Resolution and authorize the Chairman to sign the Resolution. REGULAR AGENDA ADDITION VIII. COUNTY ATTORNEY County Medicaid Billing 1HB 5301 - Proposed Settlement Offer Based on the reasons stated above, staff recommends that the Board reject the August 31, 2012 settlement offer. IX. ANNOUNCEMENTS The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2012 at 6:00 p.m. in the County Commissioners Chambers. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 11, 2012 at 9:00 a.m. in Conference Room #3. 3. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 20, 2012 at 6:00 p.m. in the County Commissioners Chambers. NOTICE: All Proceedings before this Board are electronically 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 record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucle.fl.us www.stiucieco.org itl111iiililrttliiiilililiiifitlitiillliiBiiii3it11ifiiiitfiYiiiilf311ltiifGiiBttilll{iiitiEfriiriYitiilifi6tlitlrriurririfiiti4iiii3ilif161ti1iii6iiriifuiirltfii118i11i?i6ft1i13f91iitlYtiilliiiiiiliti Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 ?ifliiifliriuiriYllliiiiiliifii8filialiiiiiii(irLitiiiilHiiiiiiiillrrtdiliiiiiitlltillrtfiii3ii6il6iiiiili{tiiiirliiftfiiiii8ii3i?iiiiiifiliiu9uifuliiiillititiifr7LriiRliiilfltiiiilililiifiitlli GENERAL PUBLIC COMMENT It. CONSENT AGENDA A. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Florida Beach Erosion Control Program FY-2013114 Funding Request Consider staff recommendation to approve to submit the Florida Beach Erosion Control Program FY-2013114 funding application request along with supporting Resolution No. 12-007. PUBLIC HEARINGS III. PUBLIC HEARING A. PUBLIC WORKS Engineering Division: South Hutchinson Island Beach and Dune Restoration - Special Assessment District (SAD) Consider staff recommendation to approve Resolution No. 12-008, as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically 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 record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. SUSTAINABILITY DISTRICT www.co.st-lucle.fl.us www.stiucieco.org fiiYifilHYhfffi?lfifrliliiiirfiflfilllEfflifliiirifhililfiif3flfllYllfilifiiiriff1i01iifiYffifii(rl{VifliilillirliEllliiiiiiiifiluliilliir9l?ifiiiifldfliSllrfYiiHiilfiiY(ilitlilrfliliiiifiiififiliri{iiii Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 fEiY'liifiiiNr7llliliiliiff66fGifiriiii8ffiiilflli8iililif?7liiiiiriiirr7lfiiiifiYliiiffiiiriflliiriiiifiinlirfiWYiliiliiili9tihiiffinitlf6fiihfihi8iihiiiii0fili?1tiilEflYlflfiOYiifSlii6ii3ii7i GENERAL PUBLIC COMMENT ADDITION II. CONSENT AGENDA A. COUNTYATTORNEY Special Assessment Notice of Intent for 2013 Consider staff recommendation to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in the agenda memorandum. NOTICE: All Proceedings before this Board are electronically 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 record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING DATE: August 21, 2012 Convened: 9:00 a.m. Adjourned: 9:45 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Tod Mowery, Chris Craft, Paula A. Lewis, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney Katherine Barbieri, Asst. County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Mark Satterlee, Planning/Services Director, Tara Raymore, HR Director and Kelly Phelan, Deputy Clerk. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 7, 2012 regular meeting. It was moved by Com. Craft, seconded by Com. Mowery to approve the minutes of the meeting held on August 7, 2012 and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS Resolution No. 12-157 - Expressing appreciation to Lee Ann Lowery for faithful service as Assistant County Administrator for the Board of County Commissioners of St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 12-157 as drafted. It was moved by Com. Hutchinson and seconded by Com. Lewis to approve Resolution No. 12-157 and; upon roll call, motion carried unanimously. Lee Ann Lowery was present to accept the proclamation. The County Administrator, Com. Dzadovsky, Com. Craft, Com. Mowery, Com. Lewis & Com. Hutchinson all expressed their thanks and appreciation to the Assistant County Administrator. V. GENERAL PUBLIC COMMENT Linda Cox, St. Lucie County Chamber of Commerce, addressed the Board regarding the changes to the Public Works Fees and requested that Item B7 be pulled from the Consent Agenda for separate discussion. She advised the Board that in the past they have worked with the County to review fees; however, there is a concern regarding the 1 Public Works fees as they have not had an opportunity to see them and would like to review them and have further discussion on this item. Marjorie Harrell, St. Lucie County Resident, addressed the Board regarding her feelings toward the individual Commissioners, the County Administrator and the Election. She also advised the Board that she attended the Workshop for the Arts Counsel and remarked that they are doing a "fabulous job". She commented that she is proud of the Board and how they have come together for the good of the community. VI. CONSENTAGENDA Warrant list No. 47 and Item #F2 were both pulled from the Consent Agenda for a separate vote. Item B7 was pulled from the Consent Agenda for further discussion. It was moved by Com. Mowery and seconded by Com. Hutchinson, to approve the balance of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved warrant list No. 45, 46 and 47 It was moved by Com. Lewis and seconded by Com. Craft, to approve Warrant List No. 45 & 46, and; upon roll call, motion carried unanimously. It was moved by Com. Craft and seconded by Com. Lewis, to approve Warrant List No. 47, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. B. COUNTY ATTORNEY 1. Assignment of the LPA Group, Inc. Contract to Michael Baker Jr., Inc. The Board approved the assignment of The LPA Group, Inc. contract to Michael Baker Jr., Inc. and signed the agreement as prepared by the County Attorney's Office. 2. Revocable License Agreement - Dustin Hawkins - 5407 Paleo Pines Circle - Holiday Pines The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. Hawkins to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida 3. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. The Board deemed New Horizons as the provider in accordance with F.S. 287(2)(f)(7), and entered into a contract with New Horizons of the Treasure Coast, Inc. for staffing the Case Manager position that works in the Mental Health Court and authorized the Chairman to sign. 2 B. COUNTY ATTORNEY CONTINUED 4. Approved a Fifth Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC (S.T.O.P.). In lieu of incarceration, this company provides Global Position Satellite (G.P.S.) electronic monitoring technology, enabling the County Pretrial Program to track criminal defendants and offenders via satellite. The Board approved the Fifth Amendment to the June 22, 2007 Agreement. 5. Adopt Resolution No. 12-144 to award the 2012-2013 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab pursuant to Section 893.165F.S. The Board adopted Resolution No. 12-144 and awarded the 2012-2013 funds collected from the Alcohol and Other Drug Abuse trust Fund to the St. Lucie County Drug Screening Lab. Once approved, the FY 12-13 budget will be revised to reflect this annual allocation. 6. St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Silver Passage, Inc., a Nevada Company The Board consented to the proposed sublease agreement between Fort Pierce FBO, LLC and Silver Passage, Inc., a Nevada Company, and authorized the Chairman to sign the Consent of Master Ground Lessor. 7. Resolution No. 12-025 - Amending the Schedule of Fees to Cover the Costs of Technical and Administrative Activities ?f;is,iternu?whas pulled,?f?romJ#he;Consent?P?ge?daL?for, further disc?ss?on 8. Revocable License Agreement -CasimerandJudith Kogut-4100 Lookout Court The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. & Mrs. Kogut to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 9. Request to have the Board approve an Interagency Agreement with the Florida Department of Juvenile Justice for the operations of the Juvenile Assessment Center for FY 12/13 Com. Hutchinson commented that she appreciates that the staff is continuously asking the cities to partner with the County on this item as they used to do in the past. She advised the Board that Port St. Lucie has contributed once again. She thanked the City for their contribution and commented that she hopes that Fort Pierce will join back in as well. The Board approved the Interagency Agreement with the Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center for FY 12/13. Since D.J.J. is a department of State Government, this Agreement can be approved without a RFP. 3 B. COUNTY ATTORNEY CONTINUED 10. Revocable License Agreement- FGS Group -Angle Road The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and instructed FGS Group to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. PUBLIC SAFETY & COMMUNICATIONS Radiological Emergency Preparedness Agreement with Florida Power & Light The Board approved the Radiological Emergency Preparedness Agreement with Florida Power & Light and St. Lucie County and authorized the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Request to Advertise - Future Land Use Map Amendments and Concurrent Re-zonings The Board approved the recommendation to advertise for a series of amendments as outlined in the agenda memorandum. Airport Division: 2. Security Improvements Supplemental Grant The Board approved. Resolution No. 12-152 accepting FDOT S1PA in the amount of $6,702 for the Security Improvements Project, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Budget Resolution No. 12-135 for Strategic Business Plan The Board approved Budget Resolution No. 12-135 establishing the fund for the Strategic Business, Marketing and GIS Survey Plan and authorized the Chairman to sign the documents as approved by the County Attorney. 4. Budget Resolution No. 12-153 for Wildlife Hazard Assessment The Board approved Budget Resolution No. 12-153 establishing the fund for the Wildlife Hazard Assessment and authorized the Chairman to sign the documents as approved by the County Attorney. 5. Professional Services - Wildlife Hazard Assessment and Management Plan The Board approved Michael Baker Corporation Work Authorization No. 48 for professional services as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 4 D. PLANNING & DEVELOPMENT SERVICES CONTINUED 6. Terminal Renovation Project; Change Order The Board approved Change Order No. 4 for Building Management Systems, Inc., as outlined in the agenda memorandum for the Terminal Renovation Project, and authorized the Chairman to sign documents as approved by the County Attorney. E. ADMINISTRATION Resolution No. 12-156, Advisory Board Operational Procedures The Board approved Resolution No. 12-156 and the revised Advisory Board/Committee Operational procedures per Attachments A and B and authorized the Chairman to sign the documents as prepared by the County Attorney. F. PUBLIC WORKS Administration 1. Resolution No. 12-142-Renaming Adopt-A-Highway Program The Board approved Resolution No. 12-142 as drafted and authorized the Chairman to sign the Resolution. 2. Bid No. 12-020 Taylor Creek Dredge Material Management Area It was moved by Com. Lewis and seconded by Com. Craft, to approve the bid award to the lowest responsive and responsible bidder Guettler Brothers Construction, Inc. in the amount of $1,867,487 for Taylor Creek Dredge Material Management Area and authorize the Chairman to sign documents as approved by the County Attorney, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. It was moved by Com. Lewis and seconded by Com. Craft, to approve the bid award to the lowest responsive and responsible bidder Guettler Brothers Construction, Inc. and authorize the Chairman to sign documents as approved by the County Attorney and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. 3. Bid waiver and sole source determination The Board approved bid waiver and sole source determination for the purchase of parts and service as outlined in the agenda memorandum and authorized the Chairman to execute contracts as approved by the County Attorney. Solid Waste Division: 4. Bid No. 12-034-Disposal of Scrap Metal The Board approved to reject all bids received for Bid No. 12-034 - Disposal of Scrap Metal and grant permission to re-advertise. 5 F. PUBLIC WORKS CONTINUED Water Quality Division: 5. Bid No. 12-037, Enhanced Swale Maintenance The Board awarded Bid No. 12-037, to the lowest responsive and responsible bidder, Environmental Land Development, Incorporated of Fort Pierce, and authorized the Chairman to sign documents as approved by the County Attorney. 6. Bid No. 12-038, Purchase of Concrete and Metal Culvert Pipe, Metal Bands with Gaskets The Board awarded Bid No. 12-038, to the lowest responsive and responsible bidder, Contech Engineered Solutions, LLC of Pinellas Park, and authorized the Chairman to sign documents as approved by the County Attorney. Road and Bridge Division: 7. Bid No. 12-023, Signal Maintenance and Master Construction Contract The Board awarded Bid No. 12-023 to the lowest responsive and responsible bidder, The Signal Group Inc., and authorized the Chairman to sign the documents as prepared by the County Attorney. G. OFFICE OF MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory-Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 2. Fixed Asset Inventory - Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of Court Administration. 3. Fixed Asset Inventory- Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of the Clerk of Court. 4. Fixed Asset Inventory - Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. 5. Fixed Asset Inventory -Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of the St. Lucie County Tax Collector's Office. 6 G. OFFICE OF MANAGEMENT & BUDGET CONTINUED 6. Fixed Asset Inventory-Property Record Removal The Board authorized removal of fixed assets as listed on the attached Property Disposition Forms from the capital asset inventory of the St. Lucie County Property Appraiser's Office. 7. Request for Proposals (RFP) No. 12-022, Auditing Services The Board approved the highest ranked firm for Auditing Services and permission to: 1. The County Administrator to conduct contract negotiations with the highest ranked firm, Berger, Toombs, Elam, Gaines & Frank of Fort Pierce, Florida; 2. If Staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and Staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. 3. If negotiations are successful, award contract to the highest ranked firm and authorize the Chairman to sign the documents as prepared by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Ordinance 12-014 - Land Development Code text Amendment Updating the Zoning and Land Use Compatibility Table - First Reading Consider staff recommendation to schedule the second reading of Ordinance 12- 014 for October 2, 2012 at 6:00 p.m. or soon thereafter as outlined in the agenda memorandum. Staff gave a presentation on the background of Ordinance 12-014 and advised the Board that proper notice was given. She reviewed the purpose of the Ordinance and advised the Board that staff has recommended that a Public Hearing be scheduled on October 2, 2012 at 6:00 p.m. or soon thereafter. The County Attorney advised the Board that a motion is not necessary; therefore, the Public Hearing was scheduled for October 2, 2012 at 6:00 p.m. B. COUNTYATTORNEY Code Enforcement Case No. 73250, 2205 Barbara Avenue, Fort Pierce, FL Consider staff recommendation to authorize a 30 day notice be sent to the Estate of the property owner ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds or St. Lucie County will have it abated and place a lien on the property. The Assistant County Attorney gave an overview of Code Enforcement Case No. 73250 and requested permission to post a 30 day notice, and if there is no compliance to clean up the property and board the windows. 7 Susan Wilson, 2202 Elizabeth Ave., Fort Pierce, FL, addressed the Board regarding the previous owners passing and described the condition of the property as well as her concern for the safety of her Grandson and her dogs due to the potential dangers from the overgrowth of the vacant lot. It was moved by Com. Craft and seconded by Com. Hutchinson, to approve the authorization to post a 30 day notice, and if there is no compliance to clean up the property and board the windows on the property located at 2205 Barbara Avenue, Fort Pierce, FL and; upon roll call, motion carried unanimously. C. COUNTYATTORNEY Code Enforcement Case No. 69389, 4505 Juanita Avenue, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unsafe Structure causing serious threat to public safety Consider staff recommendation to abate the violations by clearing the debris, mow and maintain the entire property for excessive overgrowth of grass and weeds and place a lien on the property for the cost. The Assistant County Attorney gave an overview of Code Enforcement Case No. 69389. She advised the Board that the case has gone before the Code Enforcement Board and they issued an Order for the case to be brought before the Board of County Commissioners. She requested permission to clean up the property and board the windows. It was moved by Com. Craft and seconded by Com. Lewis, to approve the authorization to clean up the property and board the windows of the property located at 4505 Juanita Avenue, Fort Pierce, FL - and; upon roll call, motion carried unanimously. Com. Mowery questioned if a modification can be made to the Ordinance to allow Code Enforcement to take the action as opposed to having to wait the additional step to bring the item before the Board? He commented on the current process and how to find a more efficient way to handle these requests. The County Attorney addressed the Code Enforcement Statute being a State Law and discussed the process of the Code Enforcement Board. He advised the Board that they can look at the process and see if it can be streamlined. The Assistant County Attorney addressed State Law is it relates to Code Enforcement. The Planning & Development Director advised the Board that they are also looking at ways to expedite getting the work done more quickly. D. COUNTYATTORNEY Code Enforcement Case No. 69962, 1204 W. Joy Lane, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unsafe Structure causing serious threat to public safety Consider staff recommendation to abate the violations by clearing the debris, mowing the grass, boarding up on openings on the structure and placing a lien on the property for the cost. The Assistant County Attorney gave an overview of Code Enforcement Case No. 69962. She advised the Board that the case has gone before the Code 8 Enforcement Board and it was deemed to be a serious health threat. She requested permission to clean up the property and board the windows. It was moved by Com. Craft and seconded by Com. Lewis, to approve the authorization to clean up the property and board the windows of the property located at 1204 W. Joy Lane, Fort Pierce, FL - and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTYATTORNEY County Medicaid Billing/ HB 5301 Consider staff recommendation to authorize the County Attorney to file a petition with the Division of Administrative Hearings challenging the amount certified by the Agency for Health Care Administration to St. Lucie County of August 1, 2012. The County Attorney gave a presentation on the background of the County's Medicaid billing and specifically House Bill # 5301. He addressed the State's record keeping as it compared the County's record keeping. He advised the Board that all counties were assessed a backlog going back ten years. After a visit from the state, they reduced the backlog from $16.6 Million to $11.9 Million which is a significant decrease. He then compared the State's standpoint on the backlog to the County's standpoint. He advised the Board that if the County agrees to the State's figure, they will give a 15% discount which would be approximately $1.7-1.8 Million in savings. The County has kept detailed records of disputed bills for the last ten years and based on those records, staff feels that the backlog amount should be $6.9 Million not $10.1 Million. The statute of limitations is generally four years and the backlog amount for four years would be $3.1 Million. He reviewed the best and worst case scenario and advised the Board that the potential savings could be $8.7-$8.8 Million. Due to substantial difference, he feels it's in the Board's best interest to challenge the total amount as well as the backlog timeframe and is requesting authorization to file a petition with the Division of Administrative Hearings. Com. Craft addressed the State's poor record keeping and the new State Law. He also reiterated the State's proposal and commented on the risk versus the reward. Com. Mowery commented that he has spoken with the County Attorney about this matter and is frustrated. It is a sad situation, especially if the County has to pay the money. He also commented on the additional money that will have to be spent to fight this issue. Com. Lewis concurs with both Com. Mowery and Com. Craft. She addressed the comments from other Counties, some of whom are paying and some of whom are receiving money back. She addressed poor record keeping and statute of limitations. She commented on the Medicaid Program and ongoing issues for the indigent population. She also addressed the agency coming out to meet with every county and the Governor's efforts. Com. Hutchinson commented that she has worked with staff to bring this issue to the attention of the State and remarked that the State may want to come see how we keep our records. In addition, she congratulated Staff for keeping the records for so long. Com. Dzadovsky advised the Board that he shares their frustrations. He finds that this is another unfunded mandate being passed down to local government to try to balance their Budgets when we are required to balance our Budget on a yearly basis. The County Administrator commented that this is General Fund impact and she remarked on the fragile state of the General Fund Budget. She addressed the impact of 9 this law and the financial impact it has had already as we have had to incur additional staff. However, additional expenses from the new positions approved by the Board were offset with the exception of one position for record keeping. It was moved by Com. Lewis and seconded by Com. Hutchinson, to authorize the County Attorney to file a petition with the Division of Administrative Hearings challenging the amount certified by the Agency for Health Care Administration to St. Lucie County of August 1, 2012 and; upon roll call, motion carried unanimously. VII. ANNOUNCEMENTS 1. The Board of County Commissioners Informal Monthly Meeting scheduled for Tuesday, August 14, 2012 has been moved to Tuesday, August 28, 2012 at 10:00 a.m. in Conference Room #3. 2. County offices will be closed on Monday, September 3, 2012 to observe Labor Day. 3. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2012 at 6:00 p.m. in the County Commissioners Chambers. 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 11, 2012 at 9:00 a.m. in Conference Room #3. 5. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 20, 2012 at 6:00 p.m. in the County Commissioners Chambers. Com. Dzadovsky reminded everyone that school is open and to please drive safely. He also commented on the "Kids at Hope" program and encouraged people to learn more about it. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED.BY(DEPT) SUBJECT: County Attorney ITEM NO. IV-A DATE: September 4, 2012 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No, 12-148 - proclaiming the month of September 2012 as "HUNGER ACTION MONTH" in St. Lucie County, Florida. BACKGROUND: Judy Cruz, Executive Director with Treasure Coast Food Bank has requested that this Board proclaim the month of September 2012 as "HUNGER ACTION MONTH" in St. Lucie County, Florida. The attached Resolution No. 12-148 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED (] DENIED [ ] OTHER: Staff recommends that the Board adopt the attached Resolution No. 12-148 as drafted. CONCURRENCE: Q [X] County Attorney: ?' Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals Daniel S. McIntyre RESOLUTION NO. 12-148 A RESOLUTION PROCLAIMING SEPTEMBER 2012 AS "HUNGER ACTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hunger and poverty are issues of grave concern in the United States, the State of Florida, the Treasure Coast and St. Lucie County. 2. St. Lucie County is committed totakingstepsto raise awareness aboutthe need to combat hunger in every part of our County and to provide additional resources that citizens of St. Lucie County need. 3. St. Lucie County is committed to working with Treasure Coast Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues. 4. More than 107,000 individuals on the Treasure Coast and St. Lucie County rely on food provided by the Treasure Coast Food Bank annually. S. Treasure Coast Food Bank distributed more than eight million pounds of food in 2011 through its network of food pantries, soup kitchens, shelters and other community organizations. 6. Food banks across the country, including the Treasure Coast Food Bank - will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2012 as "HUNGER ACTION MONTH" in St. Lucie County, Florida and call this observance to the attention of our citizens. PASSED AND DULY ADOPTED this 4 `n day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY[DEPT]: SUBJECT: County Attorney ITEM NO. IV-B DATE. September 4, 2012 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-155 - "Citizenship Day" and "Constitution Week" BACKGROUND: Jay Wise with the St. Lucie River Chapter of the Sons of the American Revolution, has requested that this Board proclaim September 17, 2012 as "Citizenship Day" and the week of September 17, 2012 through September 23, 2012 as "Constitution Week" in St. Lucie County, Florida. The attached Resolution No. 12-155 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [I DENIED [ ] OTHER: Staff recommends that the Board adopt the attached Resolution No. 12-155 as drafted. Faye W. Outlaw, MPA County Administrator, ICMA-CM [X] County Attorney: L Review and Approvals Daniel S. McIntyre RESOLUTION NO. 12-1SS A RESOLUTION PROCLAIMING SEPTEMBER 17, 2012 AS "CITIZENSHIP DAY" AND FURTHER PROCLAIMING SEPTEMBER 17, 2012 THROUGH SEPTEMBER 23, 2012, AS "CONSTITUTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In remembrance of the signing of the Constitution and in recognition of the Americans who striveto uphold the duties and responsibilities of citizenship, the Congress, byjoint resolution of February 29,1952 (36 U.S.C. 106, as amended), designated September 17'h as "Citizenship Day", and by joint resolution of August 2, 1956 (36 U.S.C. 108, as amended), requested thatthe President proclaim the week beginning September 17`h and ending September 23rd of each year as "Constitution Week". 2. This Board believes the citizens of St. Lucie County should recognize Citizenship Day and Constitution Week and participate in any activities being held during that time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 17, 2012, as "CITIZENSHIP DAY" in St. Lucie County, Florida. 2. This Board does hereby further proclaim September 17, 2012 through September 23, 2012 as "CONSTITUTION WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this day of September, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IVY C DATE: September 4, 2012 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-165 - Proclaiming September 15, 2012 as "POW/MIA RECOGNITION DAY" in St. Lucie County, Florida. BACKGROUND: Billie Pierce, President and POW/MIA Chairman of the American Legion Auxiliary Unit 40 in Fort Pierce, Florida has requested that this Board proclaim September 15, 2012 as "POW/MIA RECOGNITION DAY" in St. Lucie County, Florida. The attached Resolution No. 12-165 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 12-165 as drafted. COMMISSION ACTION: CONCURRENCE: [ j APPROVED [ j DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: i Daniel S. McIntyre RESOLUTION NO. 12-165 A RESOLUTION PROCLAIMING SATURDAY, SEPTEMBER 15, 2012, AS "POW/MIA RECOGNITION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The American Legion, the American Legion Auxiliary and the Sons of the American Legion of the Stephen N. Gladwin Post 40 has proclaimed September 15, 2012, as the official POW/MIA Recognition Day for the citizens of Fort Pierce and the surrounding areas of St. Lucie County. 2. This POW/MIA Recognition Ceremony is being held to honor America's POW/MIA's, those returned and those still missing and unaccounted for from our nation's wars. 3. At 4:00 p.m. on Saturday, September 15, 2012, the American Legion, Stephen N. Gladwin Post 40 will be holding a POW/MIA Recognition Ceremony at their Post located at 810 S. U.S. Highway 1 in Fort Pierce, Florida. 4. It is fitting that POWS and MIAs from all wars will be appropriately remembered at this Ceremony. 5. This Board believes all Americans should recognize the special debt we owe our fellow citizens who, in the act of serving our Nation, relinquished their freedom so that we may enjoy the blessings of peace and liberty. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 15, 2012, as "POW/MIA RECOGNITION DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to attend the POW/MIA Recognition Ceremony on September 15, 2012, at 4:00 p.m. at The American Legion, Stephen N. Gladwin Post 40, 810 S. U.S. Highway 1, Fort Pierce, Florida, to pay tribute and show support in achieving the fullest accounting for Americans still missing from the wars. PASSED AND DULY ADOPTED this 4th day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ADDI T ION AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY[DEPT): SUBJECT: County Attorney ITEM NO. IV-D DATE: September 4, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-170 - proclaiming September 4, 2012 as "Labor Day" in St. Lucie County, Florida. BACKGROUND: Commissioner Dzadovsky has requested that this Board considerthe attached resolution in honor of Labor Day in St. Lucie County, Florida. The attached Resolution No. 12-170 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: (] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals -01 [X] County Attorney: / Staff recommends that the Board adopt the attached Resolution No. 12-170 as drafted. CONCURRENCE: Daniel S. McIntyre RESOLUTION NO. 12-170 A RESOLUTION PROCLAIMING SEPTEMBER 4, 2012 "LABOR DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. American workers have carried us through times of challenge and uncertainty, propelled America through eras of peace and prosperity, and have long formed the backbone of our Nation's economy. 2. Working Americans constructed ourcities and towns, and with unparalleled skill they manufactured the goods and provided the services needed by Americans and people around the world. They have prepared our children for the challenges ahead and cared for the sick and the elderly. 3. The labor movement has given voice to the aspirations and concerns of millions of men and women. By fighting for decent working conditions, as well as fair wages and benefits, organized labor has stood for the rights of everyday Americans. With determination and commitment, labor has advocated for all working families and all have benefited from the fruits of their struggles. 4. The Board of County Commissioners of St. Lucie County and its member unions and organizations are active partners in rebuilding our local economy, creating Green Jobs that pay a living wage, and helping to provide a better life by all residents of our community; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of St. Lucie County, Florida as follows: 1. This Board does hereby proclaim September 4, 2012 as "LABOR DAY" in St. Lucie County, Florida. 2. As we honor our workers, and we renew our commitment to uphold the American Dream for everyone on this Labor Day, let us affirm our determination to build a future together in which all of us can enjoy the blessings of a more equitable and humane society. PASSED AND DULY ADOPTED this 4m day of September, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AUU RON AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-E DATE: September 4, 2012 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-171 - proclaiming September 4, 2012 through September 11, 2012 as "St. Lucie County Public Safety Memorial Week" in St. Lucie County, Florida. BACKGROUND: Commissioner Dzadovskyhasrequested that this Board considerthe attached resolution so that St. Lucie County may remember the most egregious terrorist attack on the United States in history. The attached Resolution No. 12-171 has been drafted for that purpose. Staff recommends that the Board adoptthe attached Resolution No. 12-171 as drafted. CONCURRENCE: [ J APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM [X] County Attorney: vx9Y Review and Approvals Daniel S. McIntyre RESOLUTION NO. 12-171 A RESOLUTION PROCLAIMING SEPTEMBER 4, 2012 THROUGH SEPTEMBER 11, 2012 AS "ST. LUCIE COUNTY PUBLIC SAFETY MEMORIAL WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. September 11, 2001, "The Day America Cried," began when four U.S. commercial airliners were hijacked by nineteen AI-Qaeda terrorists. 2. At 8:46 a.m. that morning, American Airlines Flight 11, originating from Boston, carrying 81 passengers, two pilots, and nine flight attendants, slammed into the North Tower of the World Trade Center (WTC) in New York City, killing all 92 individuals aboard. 3. At 9:03 a.m. that same morning, United Airlines Flight 175, which also originated from Boston, carrying 56 passengers, two pilots, and seven flight attendants, crashed into the South Tower of the WTC, killing all 65 individuals aboard. 4. At 9:45 a.m. that same morning, American Airlines Flight 77, which departed from Washington D.C., carrying 58 passengers, two pilots, and fourflight attendants, crashed into the Pentagon, killing 125 Pentagon workers and all 64 individuals aboard the plane. 5. At 10:10 a.m. that same morning, United Airlines Flight 93, which departed from Newark, New Jersey, carrying 38 passengers, two pilots, and five flight attendants, crashed into a wooded area of southwest Pennsylvania, killing all 45 individuals aboard. 6. By10:30a.m.,bothtowersoftheWorldTradeCenterhadcollapsed incascadesofdustand flame, killing 2,016 WTC employees from 115 different nations. 7. One of the flight attendants on United Airlines Flight 93 was Fort Pierce resident, former police officer, and hometown hero, CeeCee Ross Lyles, who helped prevent her aircraft from becoming another weapon of mass destruction and destroying the White House or Capitol in Washington DC. 81 Hundreds of public safety personnel responded to the 9/11 World Trade Center tragedy. In so doing, 343 Fire Department of New York City (FDNY) firefighters and paramedics, 23 New York Police Department (NYPD) police officers and 37 Port Authority officers were killed in the line of duty. 9. Many public safety personnel continued to suffer after 9/11. There were 661 retirements from FDNY in 2002, which was a 300% increase from the previous year and 300 FD NY firefighters developed severe respiratory problems. 10. The firefighters, policemen, medical personnel, rescue workers, airflight crews, Pentagon employees, and all individuals who helped others at the crash sites, and those who helped to clean up in the aftermath of the 9/11 disaster, should always be remembered fortheirtruly heroic and selfless actions. 11. Apathy is the most dangerous enemy we face. The passage of years since September 11, 2001 must not dull our awareness, but sharpen our resolve to be vigilant, aware, and mindful of the sacrifices made, on a dally basis, by those who serve our country in the armed forces and public safety arenas. Ourstrength as a nation lies in each of us as individuals remembering the heroism of those who find themselves in the middle of chaos, but put their own needs aside to help their fellow Americans. It is by remembering their bravery, valor and sacrifice that we can continue to strengthen our commitment to protect our freedom and keep our country safe and strong. September 11 gives us the opportunity to remember and renew those commitments. 12. St. Lucie County continues to do its partto keeptheflame of remembrance gleaming bright. On February 17, 2009, the U.S. Post Office at 1717 Orange Avenue, Fort Pierce, was dedicated and named in memory of CeeCee Ross Lyles. 13. Further, Northport K-8 School, in Port St. Lucie, re-dedicated the Little Lighthouse Library to children lost in the 9/11 tragedy and honored an American flag dedicated to the school by Alexander Babington, a soldier who carried the flag into battle in Iraq. 14. St. Lucie County firefighters, paramedics, and police officers continue to remember their fallen comrades, who gave the last full measure of devotion that fateful day. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of St. Lucie County, Florida as follows: 1. This Board does hereby proclaim September4, 2012, through September 11, 2012, as "ST. LUCIE COUNTY PUBLIC SAFETY MEMORIAL WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize public safety employees throughout St. Lucie County for the fine job they do in protecting the rights of the citizens of St. Lucie County. PASSED AND DULY ADOPTED this 4`h day of September, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 08/24/12 FZABWARR FUND TITLE 001 001519 001526 001538 001541 001544 001545 001546 001547 101 101002 101003 101004 101006 101114 102 102001 107 107001 107002 107003 107006 140 140369 140372 160 162 183 183001 183004 184215 188 190 310001 316 382 39009 401 418 451 458 471 505 505001 606 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #48- 18-AUG-2012 TO 24-AUG-2012 FUND SUMMARY EXPENSES General Fund CDBG FY 2008 Disaster Recovery SRL - 3739 S. 25th St. HUD Neighborhood Stab 3 CSBG FY12 CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FOOT Weatherbee Rd Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Airport Fund FDOT Taylor Crk Perm. Spoil Site Co FDOT Term/Cus Fac Ren Phs 1 Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court DEP Ft Pierce Shore Protection 2012 Bluefield Ranch Improvements Sports Complex Fund Impact Fees-Library County Capital Environmental Land Capital Fund Sunland Gardens 2 MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: 362,099.55 750.00 1,232.73 72.00 35,000.00 13.76 4,806.00 10,157.08 96.02 295.02 4,813.56 1,161.00 3,128.87 36,563.88 193,479.53 3,265.72 75,872.05 249,801.47 42,352.53 3,255.00 4,095.09 9,799.86 13,625.19 2,500.00 10,734.94 87.50 7,632.08 359.75 520.00 1,108.19 22,149.00 0.29 5,737.10 23,355.17 850.00 18,677.27 1,523.81 204,164.36 14,979.65 1,295.58 17,730.00 3,474.70 4,299.83 11,400.00 600,000.00 2,238.98 10.00 9,830.16 2,020,394.27 PAGE PAYROLL 31,714.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 0.00 32,511.52 1 61 08/31/12 FZABWARR FUND TITLE 001 001450 001512 001519 001534 001536 001538 001539 001541 001544 001547 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107003 107006 107173 111 112 113 114 116 117 119 120 122 123 126 127 128 129 130102 130103 130104 130108 130113 136 138 139 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 25-AUG-2012 TO 31-AUG-2012 FUND SUMMARY EXPENSES General Fund FCTD Planning Grant Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 FL Energy & Climate Comm HUD Neighborhood Stab 3 Safe Routes to School Program CSBG FY12 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund. Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology E Byrne Mem JAG Local Sol 2011 River Park I Fund River Park IT Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5317 New Freedom Enhanced Servi FTA 5316 Job Acc & Rev Commute FTA 5307 FY2011 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund 174,049.86 152.53 5,468.84 11,422.49 87.54 27,200.00 37,196.15 539.68 9,563.42 7,167.98 8,448.04 14,649.44 94.68 54,117.37 17,675.97 19,272.23 22,887.22 6,702.32 92,183.24 409.69 26,731.05 77.72 77.69 1,712.01 7,394.53 54,837.00 2,761.58 599.31 227.11 500.09 555.81 138.29 838.51 174.59 977.89 348.40 123.21 371.64 490.67 56,770.20 2,942.38 20,000.00 485.46 1,835.40 159.56 1,736.61 253.06 746.54 PAGE 1 PAYROLL 447,999.37 441.63 1,396.20 550.13 1,144.38 0.00 1,660.82 1,008.86 3,443.63 496.32 8,621.56 33,231.07 1,237.60 40,421.14 14,509.56 14,250.49 0.00 62,339.07 11,440.43 5,355.44 142,859.99 970.79 970.78 0.00 8,736.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,085.83 0.00 0.00 0.00 08/31/12 FZABWARR FUND TITLE 140 140001 150 160 183 183001 183004 183006 184212 184216 189103 189105 189107 189203 190 310001 316 316001 318 401 418 451 458 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST $49- 25-AUG-2012 TO 31-AUG-2012 FUND SUMMARY EXPENSES Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Fort.Pierce IMP Implementation FDEP S SLC Beach Restoration Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Program Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees-Library County Capital 5th Cent Fuel-Capital County Capital-Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: 1,909.29 100.00 116.53 237.94 1,592.81 160.00 2,467.53 340.00 36,003.00 9,224.00 138.64 7.06 247.66 8.44 22,611.60 455.65 888.78 1,425.00 33,438.50 588,058.50 3,456.43 17,822.31 1,854.90 14,830.75 92.84 80.04 1,324.18 575,082.48 377.10 187.48 47.87 202,762.39 2,210,504.70 PAGE PAYROLL 11,472.17 0.00 1,523.20 3,110.46 3,105.65 0.00 3,183.42 0.00 0.00 0.00 1,812.20 92.32 3,237.55 110.44 21,169.75 0.00 0.00 0.00 0.00 46,491.37 14,909.51 4,741.42 665.14 6,932.88 1,213.07 1,045.93 17,309.36 1,188.25 4,929.37 2,450.61 0.00 0.00 955,866.11 2 AGENDA REQUEST ITEM NO. VI B-1 DATE: September 4, 2012 TO: BOARD OF COUNTY COMMISSIONERS REGULAR[] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] r`n1AIQr:N1T rvi PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Jenkins Road Improvements Mr. & Mrs. Mario Gentile 3646 South Jenkins Road 150-feet frontage of Parcel 2430-323-0001-000/6 (portion) BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE:. Funds will be made available in: 101006-9910-599305-800 Road Impact Fees Reserve Account PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. & Mrs. Gentile, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [ ]APPROVED [ ] OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney J Daniel McIntyre CONCURRENCE: [ ] DENIED Review and Approvals [x] Engineering: 0 Michael Powley [x] Public Works: Don West [x] Originating Dept:JM [x] County Surveyor: ??ff JoAnn Riley Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 4, 2012 SUBJECT: Contract for Sale and Purchase Jenkins Road Improvements Mr. & Mrs. Mario Gentile 3646 South Jenkins Road 150-feet frontage-of Parcel 2430-323-000-1-000/6 (portion) BACKGROUND: Public Works requested the Property Acquisition Division contact Mr. & Mrs. Gentile to purchase part of their property that is needed for the northerly extension of South Jenkins Road. This parcel is located north of Ten Mile Creek and south of Edwards Road. Jenkins Road is identified within the St. Lucie County's Long Range Transportation Plan as a future north-south alternate route extending from Midway Road to Angle Road. The County Right-of-Way Protection Map indicates that Jenkins Road is proposed to be a four-lane section from Midway Road to Angle Road. The County's independent appraiser Deighan Consultants prepared an appraisal that determined $280,000.00 was fair market value for 150-feet of frontage on the Gentile property. The Gentile's made a counter-offer of $300,000.00. Deighan Consultants reviewed the counter-offer and in Mr. Deighan's opinion the counter-offer is within his range of value. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. & Mrs. Gentile, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, C',?nn Riley Property Acquisition Manager Legend /N Gentile parcel ® 150 ft. strip for ROW Proposed Jenkins Road Extension - 4 lane County ROW (road not constructed) mmammmm Existing road ® Proposed road Feet 0 375 750 1,125 1,500 Map prepared August 23, 2012 2 1 1 i I .TMAN RD George E. Lestrange Natural Area SAPPN\F?E (,y NGO FALLS RD -- ' =f/ z? J ---err ail = l l 1 ?.I ro N O Z N N N_ m a Q - o - .. . v a a v M A d N U O a fi 'N C C ? U N r w 6 -0 1 R p N Y= _ 0 c O o n ` o mo N N r (D N N? ?- • ? % O n U) -c O X 2 -_ C (7 S y c> w a M a 1 y o J a` o ? `? Y {;y' ? +m ?, ( 1144 bt 4}???N yY .,, ti Al II _ Y- ? 7,?irr 0 "'M i r j 'r 1, ; h I DEIGHAN CONSULTANTS 14 Emarita Way Stuart, FL 34996 Daniel K. Deighan, CGA, MAI Robert Kunkle, CGA State-Cert. Gen. Appr. RZ244 State-Cert. Gen. Appr. RZ3185 PHONE: (772) 221-3650 deighan@bellsouth.net FAX; (772) 221-3649 August 14, 2012 Ms. Janet LiCausi, Property Acquisition Agent St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Gentile Parcel 3646 Jenkins Road Fort Pierce, FL 34981 Dear Ms. LiCausi: We have received your letter asking our advise concerning the counter-offer regarding the above property. Our original value was based on the value of the proposed acquisition of land and affected improvements, as well as damages to the remainder. A review of our analysis and report (our file number DKD-2012-005 and report dated February 20, 2012) indicates a counter- offer of $300,000 is within the range of value our analysis concluded. We hope this is helpful, and if any additional assistance is needed please contact us. Sincerely, A u•*o f if ?D _ Daniel K. Deighan, MAI State-Cert. Gen. Appr. #244 PROJECT NAME: Midway Road Improvements PARCEL: Mario Gentile and Paola Gentile Parcel 2430-323-0001-000/6(portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of 2012, MARIO GENTILE and PAOLA GENTILE, his wife, whose mailing address is 3646 S. Jenkins Road, Fort Pierce, FL 34981 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. U M `9' 'i-h ?? e e t ?n a h o u sa n The full purchase price " a - ?'°`• T`-• --.. 00/100 Dollars, determined to be th rounded total of the following: $2gpr98g 8g _ 3 00 O tjCl , C1CT i " tT Real Property Parcel I.D.2430-323-0001-000/6 (portion of) $195,000,0` Other Improvements upon the Land (Exhibit "B") (rounded) $85,000.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSEI PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at. the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in'the 1 SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released ;and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty' Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 2 8. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before October 19. 2012 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights anc• mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonabke attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER 4aiis to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 3 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approk>e this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. 4 (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other pe' sons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at °UR HASER'S 5 expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be deterrTined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, th,{e). parties have hereunto affixed their hands and seals. EC ED by SELLER this i l ' day of 2012. -j- A ess ;11 MARIO G ILE STATE F? COUNTY C The foregoing instrument was acknowledged before me this / day of Tt 2012, by MARIO GENTILE wpNisfpWgJ9nally known to me or who has produced a drivers license a\ A nn,. b. '?rsrinfifition. issued within the last five s ` QQ W¢,42013 .a ' ?R t6 e2. ®a1z,6 *'• ?w <*' IX Notary Public _ My Commission Expires jOq m 1 \\\° ? ? Jy (Printed, Typed or Stamped Name of Notary Public) IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. 6 EXECUTED by SELLER this day of 2012. Witness L i ness r PAOLA GENTIL STATE OF A(c COUNTYOF -{:Lge, The foregoing instrument was acknowledged before me this - /3 day of 2012, by PAOLA 'SENTILE who is personally known to me or who has produced a drivers license issued within the+last five years as identification. 0Q '?t'?Sw Notary Public '7115'V CAROL A, BISHOP Commission # EE 191842 ' Expires May '?k,1??F aa+aOaTnur?yra„ 26 2016 eroaasm?e My Commission. Expires: (Printed, Typed or Stamped Name of Notary Public) EXECUTED by PURCHASER this day of 2012 7 EXECUTED by PURCHASER this day of 2012 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIECOUNTY FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY EXHIBIT "A" Legal Description: Jenkins Road (Gentile Parcel Alternate) A parcel of land lying in Section 30, T-35-S, R-40-E, St. Lucie County, Florida. Said parcel being more particularly described as follows: The West 150-feet of the following described parcel of land as recorded in Official Record Book 1764 at page 533 of the public records of St. Lucie County, Florida: "The South Y2 of the Northwest % of the Southwest N of Section 30, Township 35 South, Range 40 East, St. Lucie- County, Florida lying North and West of 10 Mile Creek; less and excepting therefrom; from the Northeast corner of the Northwest % of the Southwest Yo of said Section 30, run South 00° 30' West along the Quarter section line 653.16 feet for the Point of Beginning; continue South 00° 30' West 88.12 feet to a point on the top of bluff of 10 Mike Creek; thence South 54° 51' 30" West along said creek 413.7 feet; thence North 01' 32' East 318.28 feet; thence North 88° 36' East 330.67 feet to the Point of Beginning." Said parcel containing 2.29 acres more or less. 9 EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property 645-feet of fence 2- 10-feet gates Underground electric with termination 2 Large Trees & ' Small trees Sod Total Cost to replace improvements Damages to the remainder parcel Value of site - Approximately 2.29ac @ $30,492 per acre TOTAL $ 5,650.00 $ 1,000.00 $ 2,250.00 $ 360.00 $ 5,400.00 $ 14,660.00 $195,000.00 $ 69,825.00 $279,485.00 ROUNDED TO $280,000. 10 EXHIBIT C SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 11 EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS 12 EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 13 EXHIBIT "F" POLICIES OF INSURANCE 14 AGENDA REQUEST ITEM NO. VI-B-2 DATE: September4, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right-of-Way Jetson Investments, Inc. Jetson TV & Appliance 10-feet of right-of-way and a corner clip on Tumblin Kling Road Resolution No. 12-162 BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 25, 2007 - Board of County Commissioners approved a Major Adjustment to a Major Site Plan, Resolution No. 07-250. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 12-162 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM (3 [x] County Attorney: it,A Daniel McIntyre [x] Originating Dept: J mJoAnn Riley Review and Approvals [x] Road and Bridge: Don Pauley [x] Engineering: A14" Michael Powley [x] Public Works: % Don W st 7 [x] County Surveyor: (J Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 4, 2012 SUBJECT: Donation of Right-of-Way Jetson Investments, Inc. Jetson TV & Appliance 10-feet of right-of-way and a corner clip on Tumblin Kling Road Resolution No. 12-162 BACKGROUND: On September 25, 2007, Jetson TV & Appliance received approval for a Major Adjustment to a Major Site Plan, Resolution No. 07-250. As part of their site plan approval they were to donate to St. Lucie County 10-feet of their south property along with a 20' x 17' corner clip at US Highway 1. Jetson Investments, Inc. recorded the 10-feet donation on Tumblin Kling Road, OR Book 3060, Pages 520-522 without the description of the corner clip and the acceptance of the Board of County Commissioners. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deeds, authorize the Chairman to sign Resolution No. 12-162 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jo,A in Riley Property Acquisition Manager 4145 504 514 510 504 B 10-FT RMi AND CORNER CLIP 4051 41314 4131 3 4131 4131 44131 4145 4151 41? 513 509 511 TUM 311N KUNG-IRD- 4201 4405 4208 4209 PZ J 4212 II yr 0. i 4216 II N 4217 4220 4221 ttz W sryvltiwB?au Wo?mvLat p?wyeE MrtV? vWbry.vANOUtIMtaicn. W mu4J 41* F. 5 0 0.0090.01 002 0.03 0.04 MIT. THIS INSTRUMENT PREPARED BY AND RETURN TO: Douglas E. Gonano, Esq. GONANO & HARRELL 1600 S. FEDERAL HIGHWAY, c200 FT. PIERCE, FLORIDA 34950-5194 Property Appraisers Parcel Identification (Folio) Number: Part of 2434-314.0011-00013 & 24343140009-000!6 Space Above This Line For Recording THIS WARRANTY DEED, made the t day of 2012, by JETSON- DVVESTAIENTS, INC., aFlorida corporation, herein called the Grantor, to ST. 'CIE COUNTY, a municipal subdivision of the State of Florida, whose post office address is , hereinafter called the Grantee: (Wherever used herein the terms "Grantor"and "Grantee" include all the parties to this instrument mid the 1wirs, legal representatives and assigns of individuals, and thesuceessora and assigns ojempormimer) W I T N E S S E T H: That the Grantor, for and in consideration of thesum of TEN AND 00110018 ($10.00) Dal tars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aiiens, remises; releases, conveys and emr8mss unto the Grantee all that certain Ind situate in ST. LUCIE County, State ofFlorida, viz.: SEE RKHIHIT "A" ATTACHED HERETO AND BY-REFERENCED MADE APART HEREOF. Subject to reservations, restrictions, easements and rights of way of record, provided however, this reference shall not operate to reimpm the same. TOGETHER, with all the tenements, heredimments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grannie that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right mid lawful authority to sell. and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all cncumbmnces, except taxes aceming subsequent to December 31, 2011. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of ?J r "PrintedName --I- )ss Ii2 Si no (('?.j.( Witness 922 Frimed Nand IESTON BY: STATE OF FLORIDA COUNTY OF ST. LUCIE John E. Thallner, III, Pre 4145 S. Federal Highway FortPierce, Florida 34982 The foregoing instrument was acknowledged before on. this ay THOFNER,111. m President ofJETSON INVESTMENTS. INC., a corporation, who is petsonall rhos produced SEAL a < on MY COMMISSION Y EE 094745 EXPIRES: July 19, 2015 Bonded Into Notary Public Underwriters 2012. by JOHN E. 04/09/09 TITLE: CORNER CLIP DESCRIPTION PROJECT: IETSON APPLIANCE JOB No.: 07-131 DESCRIPTION OF RIGHT-OF-WAY DEDICATION: A CORNER CLIP LYING IN A PORTION OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34, THENCE RUN NORTH 00'38'23" EAST ALONG THE EASTERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34, A DISTANCE OF 1334.28 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34; THENCE RUN SOUTH 89'59'21" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 44.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE EXTENDED OF US HIGHWAY 1; THENCE RUN NORTH 00'38'23" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE EXTENDED, A DISTANCE OF 25.00 FEET TO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF TUMBLIN KLING ROAD, THENCE CONTINUE NORTH 00'38'23" EAST, ALONG WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89'59'21" WEST, DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1, A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 49'53'52" EAST, A DISTANCE OF 26.40 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1; THENCE RUN SOUTH 00'38'23 WEST, ALONG SAID -WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1, A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 170 SQUARE FEET, MORE OR LESS. m 0 rn 0 0 N m UNd W O N X m , VEL CON 9 ri GRO UP, INC. XG ' xGmrmw t SURVMRS 702 S.W. PORT ST. LUCIE BLVD. PORT ST. LUCIE, FLORIDA 34953 (772) 879-0477 (772) 871-6659 (FAX) LICENSE BUSINESS 0*942 /? `"?\ ?{ •? ' I I? PAGE 1 OF 2 NOT A SURVEY TITLE: CORNER CLIP SKETCH 04/09/09 PROJECT: IETSON APPLIANCE JOB No.: 07-131 I a I I w I EASTERLY LINE OF I ' } F? -15 INGRESS AND Q 'EGRESS EASWENT O 1 ( .R.6. 190, PG., 2995) = w ?• IJt l? :ORB 3060, FIGS 520-522 r '(3,611 SF, 0'08± AC) SOO38'23"W 17.00' - N4953'52"E 26.40' w 1 589-59-21"W 2b.00' ? J 1 - --POB NORTHERLY R W UNE 58959 21_W -?: N00'38'23"E 10.00"° T U M B L I N K L I N G R 0 A D NDD3B'23"E 25.00' r -77 NORTHERLY IT-NE OF THE •SF 1/4 OF THE-SW 1/4 OF 44 00 *21"W S89 SOUTHE-R4Y R/W LINE _ I _ N ? G W W \ r [O ? N LL Ir O J M N LEGEA' D W ° a I o AC O.R.B. ACRES OFFAL RECORDS BOOK {ST LUCIE COUNTY) I(? - Z m POO PANT OF BEGI'NNIN'G POC PANT OF COMMEPICELONT RGE RANGE R/W RIGHT-OF-WAY SF SOY/ARE FEET IP ro PCE(S) GE? VELCON GROUP, INC, XG MGMARS Y SURV8YOR5 702 S.W. PORT ST. LUCI£ BLVD. PORT ST. LUCIE, FLORIDA 34953 (772) 879-0477 (772) 871-6659 (FAX) SOUTH LINE SECTION 34, TWP 35 SOUTH, RGE 40 EAST . POC - SE CORNER OF THE SW 1/4 OF SECTION 34, TWP 35 S RGE 40 E SKETCH OF DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENCED SURVEYOR AND MAPPER BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTHERLY RIGHT OF WAY LINE OF TUMBLIN KLI ROAD ERT F. KEMERSON PROFESSIONAL SURVEYOR AND MAPPER STATE 111 PAGE 2 OF 2 LICENSE BUSINESS JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3310613 021162009 el 09:31 AM OR BOOK 3060 PAGE 520.522 Doc Type: DEED RECORDING: $27.00 DDOC STAMP COLLECTION: $0.70 THIS INSTRUMENT PREPARED BY AND RETURN TO: Douglas E. Gonano, Esq. GONANO & HARRELL 1600 S. FEDERAL HIGHWAY. #200 FT. PIERCE. FLORIDA 34950-5194 Property Appraisers Parcel Identification (Folio) Number: 2434-314-0011-000/3 & 2434-314-0009-000/6 Space Above This Line For Recording Data THIS WARRANTY DEED, made dteaS day of July, 2008, by JETSON INVESTMENTS, INC., a Florida corporation, herein called the Grantor, to ST. LUCIE CO?IT?, a municipal subdivision of the State of Florida, wbose post office address is it+?y L 1/? ?j` ,?', 'M/ / j , hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the huirs, legal representatives and assigns ofindividuals, and Ilia successors and assigns gfcorporationsJ W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/1001S ($10.00) Dollars and outer valuable considerations, receipt whereof is hereby aclatowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto ilia Grantee all that certain land situate in ST. LUCIE County, State of Florida viz: SEE EX93113IT "A" ATTACHED HERETO AND BY REFERENCED MADE A PART HEREOF. Subiect to reservations, restrictions, easements and rights of way of record, provided however, this reference shall not operate to reimpose the same. TOGETHER, with all the tenements, heredity ments and appurtenances thereto belonging or in anywise appertaming. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and latefid authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written Signed, sealed and delivered in the presence oL' JESTON 11 corporation BY: Printed Name John E. Thdfner, III, President 4145 S. Federal Highway Fort Pierce, Florida 34952 STATT, OF FI ARTIM STATE OP IPLORU)A COUNTY OF ST. LUCIL The foregoing instrument was acknowledged before me this day of July, 2005 by JOHN E. THOFNER, 111, as President of JETSON INVES11VI iNTS, INC., a Florida corporation, on behalf of said corporation, who is personally known to me "MISTIZIMMd- eq 140plig'At{on/,/'? SEAL 04 " No P blic Printed Notary Name PS?1? V4L+'NI?? r ROSEMARY C.SHOE1MUR ntv cosy ctu M unira e c N rxt'mrs: Ocwlv_r 19. 1wts -I IOlC RF:mam Qiscaen im+a Cn.? A 10 FOOT STRIP OF LAND FOR RIGHT-OF-WAY DEDICATION PURPOSES LYING IN A PORT1014 OF SEC710N 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34, THENCE RUN NORTH OO'38'28" EAST ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34, A DISTANCE OF 1334.28 FEET TO TO THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34; THENCE RUN SOUTH 89'89'21" WEST ALONG SAID NORTH UNE, A DISTANCE OF 44.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE EXTENDED OF US HIGHWAY 1; THENCE NORTH 00'38'28" EAST ALONG SAID WEST RIGHT-OF-WAY UNE EXTENDED, A DISTANCE OF 25.00 FEET TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE OF US HIGHWAY i AND THE NORTH RIGHT-OF-WAY UNE OF TUMBLIN KUNG ROAD, SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 69'59'21" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 361.11 FEET TO THE EAST LINE OF A 15' INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOT( 190, PAGE 2995, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00'36'56" EAST ALONG SAID EAST' LINE, A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 89'59'21" EAST ALONG A UNE BEING 10.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTH RIGHT-OF WAY LINE OF SAID TUM13LI14 KLING ROAD, A DISTANCE OF 361.12 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 1; THENCE SOUTH 0038'23' WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID TUMBLIN KLING ROAD AND THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 3,511 SQUARE FEET, OR 0.00 ACRES, MORE OR LESS. RESOLUTION NO. 12-162 A RESOLUTION ACCEPTING TWO WARRANTY DEEDS FOR RIGHT-OF-WAY AND A CORNER CLIP ON TUMBLIN KLING ROAD 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 Deeds are duly accepted on behalf of St. Lucie County this 4th day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY s:\ACq\wP\R1dnt of way oonatmns\Jetsan W & Appliance\Resomtlou.doa 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 46 ?+, ?? )efiJ G9 Cnl' y.I??ii,dlll File RESOLUTION NO. 07-250 Pile Number: SPMJ 12007948 A RESOLUTION GRANTING APPROVAL TO A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN PROJECT KNOWN AS JETSON TV & APPLIANCE. 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. Jetson Investments. Inc. presented a petition for Major Adjustment to a Major Site Plan approval for the project to be known as Jetson TV & Appliance for property located at 4145 South U.S. Ion the west side of U.S. 1, north of Tumblin Kling Road in the Commercial, General Zoning District consisting of: • Three existing buildings containing 29,935 square feet; plus • Adding 15,950 square foot of warehouse; • Adding 7,500 square foot for retail; • Adding 35,473 square feet of pavement including 47 parking spaces. The total square footage of the project is 168,680 square feet. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan of St. Lucie County, but will need to participate in road improvements approved by the Board of County Commissioners in order to meet all the technical requirements St. Lucie County Land Development Code and the Code of Ordinances. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, parking, utility facilities or other matters affecting the public health, safety and general welfare. 5. Reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. Page 1 September 25, 2007 K 0 O o ~ N U ? U ru U. a3 U. O N Y c' N ypN (I Z ?O6<4 yc?a? W Q z J`-Y0 Z ~a ? oa??? W NLLO¢ Resolution No. 07-250 File No.: SPMJ 12007948 1 6. The proposed project will be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 5 6 7. The proposed project will be served for water and sanitary sewer by Fort Pierce 7 Utilities Authority. 8 9 10 & The applicant has applied for but not received a certificate of capacity due to the project 11 contributing to traffic volumes on a segment of Midland Road that will be in excess of its 12 capacity. A copy of a certificate of capacity is therefore not attached to this order, but will 13 be obtained once the needed improvements and the extent of the proposed project's 14 impacts on those improvements is identified. 15 16 17 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 18 County, Florida: 19 20 21 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the 22 Major Adjustment to Major Site Plan to be known as Jetson TV & Appliance, is 23 hereby, approved as shown on the site plan drawings for the project prepared by The 24 Culpepper & Terpenning, Inc, on December 11, 2006, last revised on September 11, 25 2007 and date stamped received by the St. Lucie County Growth Management 26 Department on September 11, 2007, pending issuance of a Certificate of Capacity 27 subject to the following conditions: 28 29 30 1. No development permits shall be issued until complete sets of sealed constructible final 31 engineering plans showing the locations and types of proposed vegetation protective 32 barricades, supporting calculations and survey data for the site work and offsite 33 improvements are approved by the Office of the County Engineer, Public Works 34 Department, Utilities Department, Environmental Resources Department, Growth 35 Management Department, Fire Department, and any other agency that may be determined 36 by the Director of Growth Management to be necessarily involved In the review and 37 approval of the constructible final engineering plans for the site work and offsite 38 improvements. The determination of whether or not plans submitted by the applicant 39 constitute a complete set of constructible plans shall be made by the departments 40 involved in the plan review within five business days of the date the plans are received in 41 the Department of Growth Management. 42 43 2. Prior to the issuance of any building permit the developer, his successor or assigns, shall 44 either construct or provide sufficient security in accordance with Section 11.04.00 of the 45 St. Lucie County Land Development Code for the construction of a 6-foot wide sidewalk 46 along the project's frontage along South U.S. 1 and Tumblin Kling Road. 47 48 3. Prior the issuance of any Land Clearing Permits for the Jetson TV & Appliance, 49 the developers, or his assigns, shall clearly delineate all trees to be preserved and/or 50 protected. Delineation shall be by either the placing of silt fencing, safety fencing or 51 similar type of materials. Flagging shall not be used except to guide the installation of the Page 2 Resolution No. 07-250 September 25, 2007 File No.: SPMJ 12007948 fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit Upon installation, the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 4. Prior to issuance of any permits, the stormwater calculations shall be submitted in triplicate to St. Lucie County Growth Management Department. 5. Prior to issuance of any vegetation removal or building permits, the applicant will apply to the St. Lucie County Code Compliance Division for a Stormwater Permit. 6. Prior to obtaining any vegetation removal or building permits, the applicant will obtain a South Florida Water Management District Environmental Resource Permit. 7. Prior to Issuance of a vegetation removal or building permits, will obtain a St. Lucie County Code Right of Way Permit. 8. Prior to issuance of any permits the east driveway shall be widened to 20 feet to comply with Fire Code by reducing the width of the two parking islands extending into the driveway by 4 feet and 1 foot respectively south and north. 9. Prior to issuance of any permits the applicant shall provide an interior circulation pattern that eliminates conflicts between customer autos and delivery trucks at the southeast parking lot driveway entry from Tumblin Kling Road. 10. Prior to issuance of any permits the applicant shall agree to comply with State and County traffic concurrency impact requirements to be determined by the Board of County Commissioners. 11. Prior to issuance of any permits the applicant shall donate to St. Lucie County the south ten (10) feet of property along with a 20' x 17' corner clip at US Highway 1 of the subject property for additional right-of-way for Tumblin Kling Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. B. The property on which this Major Adjustment to a Major Site Plan approval is being granted is described as follows: Located in the South % of Section 34, Township 35 South, Range 40 East in unincorporated St Lucie County, Florida 2434-314-0002-020/3: 34 35 40 THAT PART OF E % OF SE 1/4 OF NE 1/4 OF SW 1/4 MPDAF: FROM SE CORNER OF SE 1/4 OF NE 1/4 OF SW 1/4 RUN N 00 39 47 W ALONG 1/4 SEC LI 513.32 FT, TH S89 59 37 W 163.01 FT TO POB, TH CONT SW 65 FT TO POB, TH N 00 38 17 E 15 FT, TH S 89 59 31 W 102.29 FT, TH S 00 36 54 W 123.29 FT, TH NELY 167.25 FT, TH N 00 3817 E 108.29 FT TO POB (0.45 AC) (OR 1013-2582) 51 2434-314-0003-00014: 52 Page 3 September 25, 2007 Resolution No. 07-250 File No.: SPMJ 12007948 l 34 35 40 THAT PART OF SEC MPDAF: FROM SE CORNER OF W % OF SE 1/4 OF 2 NE 114 OG SW'/4 RUN N 200 FT, TH E 10.56 FT TO POB: TH N 60 FT, TH E 275.64 3 FT, TH N 100.01 FT, TH W 110.01 FT, TH N 30 FT, TH W 167.25 FT, TH S 65 FT, TH 4 W 75 FT, TH S 125 FT, TH E 85.56 FT TO POB (1.00 AC) (OR 883-1990: 1060-183: 5 1622-2526) 6 7 2434-314-0004-000!1: 8 9 34 35 40 E 75 FT OF W % OF SE1/4 OF NE '/4 OF SW 1/4 -LESS S 325 FT - (OR 883- 10 1990) 11 12 2434-314-0009-00016: 13 14 34 35 40 THAT PART OF SEC MPDAF: BEG SE CDR OF W % OF SE'/4 OF NE'/4 OF 15 SW'/4 RUN W 85.56 FT, TH N 200 FT, TH E 85.56 FT, TH S 200 FT TO POB-LESS S 16 25 FT - (.35 AC) (OR 654-359: 1060-183: 1622-2526) 17 18 2434-314-0010-00016: 19 20 34 35 40 N 100 FT OF S 260 FT OF E % OF SE 1/40F NE 1/40F SW '/4 LESS E 44 FT 21 FOR US 1 AND LESS W 10.56 FT - (0.64 AC) (OR 2303-622) 22 23 2434-314-0011-00013- 24 25 34 35 40 S 160 FT OF E % OF SE'/4 OF NE'/4 OF SW 1/4 LESS S 25 FT AND LESS E 26 44 FT FOR RD RSIWAND LESS W 10.56 FT - (OR 2303-622) 27 28 PARCELS SURVEYED 29 CONTAINING 3.87 ACRES MORE OR LESS. 30 31 Location: 4145 South U.S. 1, on the north side of Tumblin Kling Road. 32 33 34 C. The Major Adjustment to a Major Site Plan approval granted under this Resolution is 35 specifically conditioned to the requirement that the petitioner, Jetson Investments. Inc.. 36 including any successors in interest, shall obtain all necessary development permits and 37 construction authorizations from the appropriate State and Federal regulatory 38 authorities, including but not limited to; the United Stated Army Corp of Engineers, the 39 Florida Department of Environmental Protection, and the South Florida Water 40 Management District, prior to the issuance of any local building permits of authorizations 41 to commence development activities on the property described in Part B. 42 43 44 D. A Certificate of Capacity was not granted by the Director of Growth Management due to 45 the technical lack of traffic concurrency compliance. The County will be able to clarify 46 this issue after an ongoing study has been completed by the County. 47 48 Page 4 Resolution No. 07-250 September 25, 2007 File No.: SPMJ 12007948 E. The St. Lucie County Director of Growth Management is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County. Florida, and to make notation of reference to the date of adoption of this resolution. F. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. G. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize commencement of any on-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. H. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. 26 I. The conditions set forth in Part A are an integral nonseverable part of the Major Site 27 28 29 J. Plan approval granted by this Resolution. If any condition set forth in Part A is 30 determined to be invalid or unenforceable for any reason and the developer declines to 31 comply voluntarily with that condition, the site plan approval granted by this resolution 32 shall become null and void. 33 34 35 K. This Major Adjustment to a Major Site Development Plan approval shall expire on 36 September 25, 2009, unless an extension is granted in accordance with Section 37 11.02.06(6)(2), St. Lucie County Land Development Code or unless a building permit is 38 secured. 39 40 41 L. The effective date of this resolution shall be the date of adoption contained herein. 42 43 44 45 46 47 48 49 Page 5 Resolution No. 07-250 September 25, 2007 File No.: SPMJ 12007948 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 After motion and second, the vote on this resolution was as follows: Chairman Chris Craft YES Vice-Chairman Joseph E. Smith YES Commissioner Doug Coward YES Commissioner Paula A. Lewis YES Commissioner Charles Grande YES PASSED AND DULY ADOPTED this 25th day of September 2007. BOARD OF COUNTY COMA ST. LUCIE COUNTY, BY Page 6 September 25, 2007 ? sF .\f S?IONERS; ,' - +f .LOR?7+4 f -A . a . .} ,.? a, 333333 APPROVED AS TO FORM AND CORRECTNESS Resolution No. 07-250 File No.: SPMJ 12007948 ATTEST AGENDA REQUEST ITEM NO. VI-B3 DATE: September 4, 2012 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Street Naming Berger Street to Berger Road North of Orange Avenue and West of FFA Road Resolution No. 12-163 BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A REGULAR[] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the proposed street name of Berger Road, authorize the Chairman to sign Resolution No. 12-163, direct staff to notify all the property owners of the approved street name and all the necessary entities that affect service to this area. COMMISSION ACTION: [ )APPROVED[ ] DENIED [ J OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney 6 Daniel McIntyre Review and Approvals [j Engineering: Michael Powley [] Public Works: Don West [xj Originating Dept:.ln4ri. [] County Surveyor: JoAnn Riley Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 4, 2012 SUBJECT: Street Naming Berger Street to Berger Road North of Orange Avenue and West of FFA Road Resolution No. 12-163 BACKGROUND: The Property Acquisition Division received a request to designate one street name for Berger, a County owned and maintained right-of-way, located North of Orange Avenue and West of FFA Road, Section 9, Township 35 South, Range 39 East. The Right-of-Way Deed conveyed to the County on November 2, 1954 states the street name would be Berger Street. The Property Appraiser and the Property Acquisition Division have been using Berger Street. The street sign reads Berger Road. Public Safety and the Post Office are using Berger Road. The property owners have been contacted and stated they are using Berger Road and would like to keep Berger Road. RECOMMENDATION: Staff recommends that the Board approve the proposed street name of Berger Road, authorize the Chairman to sign Resolution No. 12-163, direct staff to notify all the property owners of the approved street name and all the necessary entities that affect service to this area. Respectfully submitted, Ann Riley Property Acquisition Manager Berger Street to Berger Road Feet " Name Change 300 600 900 ,z°° A J m U - WILLISRD Berger Street to Berger Road C7 - W 00 ORANGE AVE J' W I r- Map prepared August 23, 2012 Berger Street to Berger Road Feet " Name Change 300 °°° 900 ,z°° A mv 4D RIGHT-OF-WAY DEED THIS NPESTURF:, mach Ibis the 2nd dal •,I Noveluber 1. 1) 19 51?_, I;vtwveu G,_?Laf.l and_ Buaie_Allen _L.i wife d::ose adir•e i, Rt. 1, ::os 361 part e$f the first part, and ST. LUCIE COUNTI of the STATE OF FLORIDA, p;utc of the second psi, WITNESSETH: That the said partisS. of the lint poll, liar and in eonsideratiou of tilt, sum of Oil(, Dollar i 81 Aft i told filler valuable ,onsiderntions tn__ LD,601 in hand paid by the early of the seanal ]);if-(. Ike leveiril whereof is hereby acknowledged,..__.hRv6-__. _ Kr;ntled. b:u,gaiued ;tilt( sold, and by them, pms,nts do o l bargain and sell to the said party of the secautd par I. its succ•eit ;tilt] assigns.:; right-of-wnv and eaticu l -" t- -- 9". . - .) let•t reidr in ticdinu_.. ._9_.._ -------- South. of Rang,...... _..:G_._. _ .-._._-.. _. Eusl, in St. Luci, CoLnuh, Florida, described us hllmrs. to-wil: From the Std corner of West 1?5 .f•ec t of E of SW; of NE Section 9, 'Pownship 35 South, Range 3Q East, run sisst 159,Ifl.f feet to a point of beginnin-; thence continue East 50 feet; thence South 183,1; feet to the North Right- of-way of "anal No. 45; thence West 50 feet; then.re P;ort:d to the poin, of beginr.7.nE; It- sutrc bein,, designated and delineated as Berger Street on at,, unrecorded plst of R. A,lian Sundi,,ision a Suodivision of the West 155 feet of the E of SW4 of NF'; and the E-15 of td oP E of SW-j of "7E;. all in Section ), Townsi'lio 35 South, Range 39 Last. This deed is mode for the purpos, or gieiug mal plutio;ti to the pally of the secrmd part. its xuccessms, Iegal rep. n•senhltives and assigns, :I right-of-was' and easement in and to said farads for public higbscav purposes; and is made, vvemited and delivered scith the express uorlershmding and erudition that should the .same ev,r he dimmotinned of aban- domed m n public highsvac the t i l l ' . to lilt same shall themupuo recrrl In and r,rev in life psi is s. (if the Gist part t'neir heirs or aseignr. And the said panties of tilt brat part do....._ ilvid" filly moaaml fife tille to said land', null will defend the same againsl Ill, lawful claims ff all persons rehomsoever. IN WITNESS WHEREOF, the sold purl 16'Sul the first earl lagye.._7]ePe;ln.tJ. get.. tilcir__ rands and seals lif lire der and rear first above written. H 4, _ ? "r PAGF.45`F Or• FLORIDA Oy ST.. I IIEREI11 CERT)Fl. Tli:yT O\' -rHIS DM PERiO\ ILLY IPI'E%RED IIEFOiL ND_ AN OFFICER DIR.I AVI'HURI'/•ED Tn ADMINISTER OATHS IND '\::I( \cK\'nslrl.EUf.E\lr\"rtit.?R. G. _AL>;iET] . and Bessie, Allen _ his.-wife _ in me well known and known !n me to he the pe"olls d,xerihrd iu and who ,xoeuted the foregoing deed, and they ac- knowledged before me that Ihcv executed thr• sane freek and mluntarih' for !it(, purposes therein express@d; AND iFURTHER CE11TIFY that the said Bessie Allen kunrru to eu to he the wife of the Said... .._ _?,. L._. „" L.. .... _.... . M, a separalc and nri\aw sc loinzitioll taken and node be ;md hrfore me. separalelV ;md apal !rum her said hnshnnd. dirt xcknmvledge lied she node herself a part' In said deed fur the pmpo.w of r0aamncin", relinquishing aful cumr ]III, all her right, title and inliv'est whether of do'cr, hnm«aead r of sti•pm;Rt• property. stawtrn, ,r vquitable, in ;md ha lie Tandy k's lilu•d il,vrein. ;aid Ihat she executed ihi• said deed heeh' and yniontrrik ;11141 wilhnn! ;on' , mnpnlsinn. cmi- Stiaint, apprehension ur fear of or bum her said hnsh;md, WITNESS my hand ;III(] official seal at. Fort Pierce Lucie Florida „lwormtuugli .- - St, .rid Slide of Seirte+rro(-,-r November I.1),. In 54. t .>l .. AIUPr?Rt SEAL) Notnv Public Mate it .__.ql n \k Commission Expires __ . _...-.y-._ .. n` COUNTY OF__.. ... -. ' Ou Ihis dm p"'Immalls appeared hrfore m,. it ,•fficer aulhori-tod to take arknnwlydt!cmruls of deeds. etc. In me wc41 hnoru moll kuomo III nu- Io be Ile, posm; (I ryerilied in ;it, (I svho executed the int L f!oiI IS deed. and eckno'ded"'ed I)l lire that . "wilitcd I;)( ,.jillw inr life fern told propose' Ihrn•io ''pressed. IN WITNESS WHEREOF, I hair fherennlo Set my u;md ::red official seal. ;11 sail (noun and Stmi. Ihis lac ol_ . ..l. U.. 14 arkF1MIN.?7y_ / welt MbdbMbowd-b w1 _ i.\'OTAII1 SEAI.i Md IL U* on*, iWllblic.Slafcof IBS S/ d . ?.'•?// @' ? M rt ' _ _... nlllhl M__,,-- ?_ bN sT.aTr -AMA rot?,ti'•?'r<"?],F:? = -- - __ -pp11 glMll, w.c y ;IRIRil?fl?!RfIFl. THAT -- --- .• ,,, 1Y,xI5;\Ii1:D I3EFU14!! \II?. to r{rrjvwell.knnl'n cool knm, n on• to he the -prvsi-l •nt ;oef iwol car. ?•sm'I'cck. it C;F ? , This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 12-163 DATE: September 4, 2012 A RESOLUTION RENAMING BERGER STREET TO BERGER ROAD LYING IN SECTION 9, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1),Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuantto Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 1-17- 54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north-south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east-west baseline (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The Property Acquisition Division received a request to rename Berger Street to Berger Road. 5. On July 16, 2012, letters were mailed to the abutting property owners. No objections were received. 6. Planning and Development Services, Public Safety and the Property Acquisition Division have reviewed, verified and approved the street name Berger Road. i 7. Berger Street is a County owned and maintained right-of-way, lying in Section 9, Township 35 South, Range 39 East, shall be renamed as follows and more particularly shown on attached Exhibit "A": BERGER STREET to BERGER ROAD NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Berger Street is a County owned and maintained right-of-way, lying in Section 9, Township 35 South, Range 39 East, shall be renamed as follows and more particularly shown on attached Exhibit "A": BERGER STREET to BERGER ROAD B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky Vice Chairman Tod Mowery Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Chris Craft PASSED AND DULY ADOPTED this 4'h day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: By:, 2 COUNTY ATTORNEY TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney AGENDA REQUEST SUBJECT: Donation of Right-of-way Waste Management Inc. of Florida 10 feet on Selvitz Road Resolution No. 12-164 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached Memorandum N/A N/A ITEM NO. VI-B4 DATE: September 4, 2012 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-164 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney: 4`? Daniel S. McIntyre [x] Originating Dept.: JMll, JoAnn Riley Review and Approvals [x] Public Works: W Don W st [x] Road & Bridge: Don Pauley [x] County Engineer: I&J7 Michael Powley[x] County Surveyor: 12111-11 Ron Harris S:\ACQ\WP\Right of Way Donations\Waste Management\Agenda Requestmiad INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 4, 2012 SUBJECT: Donation of Right-of-way Waste Management Inc. of Florida 10 feet on Selvitz Road Resolution No. 12-164 BACKGROUND: Waste Management Inc. of Florida is located within the j urisdiction of the City of Fort Pierce, on the East side of Selvitz Road. During the site plan review process, the Public Works Department requested 10' of right-of-way on Selvitz Road. We have attached the Warranty Deed of Donation executed by Waste Management Inc. of Florida for your review and acceptance. Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-164 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 4\jAInn Riley Property Acquisition Manager S:\ACQ\WP\Right of Way Donations\Waste Management\Agenda Memompd PROSPERITY DR cumiea Imo to ,an,v .ra=? dssLah a?C. OU'nM a ewpnal nasm areare? MSeUnmww le .111, "It" .00^ 0V es ..LF%9 ?N nronmdo.lmar?oegr. m o oovs ooa ooa wIl- 1-. cer?erv n r. i. - Mtles ???ror.?nu?pmrxa,?em??o?mv5w er12 nw ecmxonuaao?aadr?laxe?l?os'oeu.iei?everiv vsunnin`zirrdeu enY ?l??n ron o?aatrmn:ma.....t" N 5'? 4?e, &mt7 WASTE MANAGEMENT INC. OF FLORIDA „- This Instrument Prepared By and Return to: DENNIS G. CORRICK, ESQ. Dean, Mead, Minton & Zwemer 1903 S. 25th Street, Suite 200 Fort Pierce, FL 34947 Property Appraiser's Parcel Identification (Folio Number): 2432-222-0004-000/3 Consideration: $1.00 _ Doc. Stamps: $0.70 WARRANTY DEED OF DONATION THIS WARRANTY DEED OF DONATION, made this) -day of-3 JJ 2012, by WASTE MANAGEMENT INC. OF .FLORIDA, a Florida corporation (Ddcument No. 279946), whose post office address is 7700 SE Bridge Road, Hobe Sound, Florida 33455, 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 to die instrument and die heirs, legal representatives, and assigns of individuals, and the successom and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That Grantor, for and in consideration of the sum of $1.00 and donative considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, donates, aliens, remises, releases, conveys, and confirms unto Grantee all that certain land, situate in St. Lucie County, Florida, more particularly described and depicted in Exhibit "A", attached hereto and made a part hereof. 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 with all the 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 fee simple; that Grantor has good right and lawful authority to donate and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. 1`01438660 IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation By: TI y H loins, Vice-President ?AWD c Printed Name Witn Signature 7700 SE Bridge Road Hobe Sound, Florida 33455 Printed Name STATE OF FLORIDA COUNTY OF 1'3 k or W A v I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared TIMOTHY B. HAWKINS as Vice-President of Waste Management Inc. of Florida, a Florida corporation, known to me to be the person described in and who executed the foregoing instrument, who acknowled e before me that he/she executed the same, and an oath was not taken. (Check one:) aid person is personally known to me. ? Said person provided the following type of identification: Witness my hand and official seal in the County and State last aforesaid this AJ day of 2012. NOTARY RUBBER STAMP SEAL GO Notary Signature Printed Notary Name: Commission No.: Commission Exp.: ??tP0.V Py?n ROSALINA VEGA * My COMMISSION # EE 019003 EXPIRES: October 9, 2014 Nl1 ." o" Bonded Thar BWpI Notary Services 1701438660 THIS IS NOT A SURVEY EXHIBIT "A" DESCRIPTION THE WESTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEING THAT PART OF THE SOUTH 235.93 FEET OF THE NORTH 634.86 FEET OF THE WEST 343.67 FEET OF THE NW 1/a OF THE NW /a OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF SELVITZ ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN DUE SOUTH ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 398.93 FEET; THENCE RUN N 89°47'32" E PARALLEL WITH THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 99.31 FEET, TO THE EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE N 89'47'32" E A DISTANCE OF 244.36 FEET; THENCE RUN DUE SOUTH A DISTANCE OF 235.93 FEET; THENCE RUN S 89'47'32" W A DISTANCE OF 274.01 FEET, TO THE SAID EAST RIGHT-OF-WAY OF SELVITZ ROAD; THENCE RUN N 07°09'41" E, ALONG THE SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 237.89 FEET, TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEARINGS BASED ON WEST LINE OF SECTION 32 BEING ASSUMED DUE NORTH. PARCEL CONTAINS 2,379 SQUARE FEET, 0.055 ACRES, MORE OR LESS. a N MICHAEL T. OWEN, PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION No. 5556 SKETCH & DESCRIPTION PREPARED FOR: WASTE MANAGEMENT INC. OF FLORI DATE: GEOMATICS SERVICES Inc. PROFESSIONAL SURVEYORS & MAPPERS 1934 TUCKER COURT, FORT PIERCE, FLORIDA (772) 419-8383 FAX (772) 408-44208 a DA V CERTIFICATE OF AUTHORIZATION LB# 7673 REVISIONS g JOB No.: 10-086 DATE: 6-09-2012 FIELD BOOK: CHECKED BY, MTO CADD FILE : 10-086 S&D RW.dwg SHEET OF SCALE : N/A DRAWN BY: BCS PAGE: EFB FILE: / THIS IS NOT A SURVEY EXHIBIT "A" LEGEND C DENOTES CALCULATED D DENOTES DEED R/W DENOTES RIGHT OF WAY P.0 'C. DENOTES POINT OF COMMENCEMENT P.O.B 2 9 . DENOTES POINT OF TERMINUS 30 POC PARCELS 1 NW CORNER SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST WEST LINE OF SECTION 32, -? TOWNSHIP 35 SOUTH, 'a? RANGE 40 EAST I GO O n 31 32 WEST 343.67' I? I POB PARCEL 1 (EAST R/W LINE SELNTZ ROAD) N89'47'32"E N89'47'32"E(D) 99.31' o: N? K r^N y ro \- N89'47'32"E n 10.08' 00 N'N N 0 60 Scale in feet 1 Inch = 60 Feet i w ow ?Z SD-I\\J\ 244.36' 234.28' ? yN 2 yA S m H D) O„ N N SUBJECT N 10.00' PARCEL w 3 WESTERLY d- 01 0 10 589'47'32"W 10.08' 263.93' S89'47'32"W 274.01 SKETCH & DESCRIPTION GEOMATICS SERVICES Inc. PREPARED FOR: PROFESSIONAL SURVEYORS & MAPPERS WASTE MANAGEMENT INC. ` ?• 1934 TUCKER COURT, FORT PIERCE, FLORIDA OF FLORIDA (772) 4'19-8383 FAX (772) 408-4208 CERTIFICATE OF AUTHORIZATION LB# 7673 I REVISIONS JOB N., : 10-086 DATE: 6-09-2012 FIELD BOOK: CHECKED BY: MTO CADD FILE : 10-086 S&D RW.dwg '. SCALE : 1"= 60' DRAWN BY. BCS PAGE: EFB FILE: SHEET . 20F2 RESOLUTION NO. 12-164 A RESOLUTION ACCEPTING A WARRANTY DEED OF 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 OF DONATION from Waste Managementlnc. of Florida is duly accepted on behalf of St. Lucie County this 2"d day of SEPTEMBER, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney S:\ACQ\WP\Right of Way Donations\Waste Management\Resolution No. 12-164.wpd ADDIAON9 ITEM NO. Vl-6.5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: County Attorney SUBJECT: Special Assessment Notice of Intent for 2013 DATE: 09/04/12 REGULAR ( ) PUBLIC HEARING ( } LEG. ( ) QUASI-JD ( ) CONSENT ( X) PRESENTED BY: Daniel McIntyre County Attorney BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise 10 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordi n ationlS iu n atu res MSBU Project (X) OMB Director (X ) Manager Budget Analyst rn? V?V Barbara Guettler Marie Gouin Public Works (X) 1 1„ _ County Engineer (X) 4 Director ?L]}SW D ald West Michael Powley Public Works - Engineering MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: September 4, 2012 SUBJECT: Special Assessment Notice of Intent for 2013 ITEM NO. VI-B.5 Background: One of the funding methods available for the capital improvements and essential services listed below is through non-ad valorem special assessments levied on specially-benefitted properties within the proposed special assessment districts and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt resolutions expressing its intent to use the uniform method commencing in November, 2013. The resolutions must be considered at a duly advertised public hearing held prior to January 1, 2013. The resolutions, which will be provided before the public hearing, do not in any way obligate the County to levy the special assessments; rather, it simply preserves the County's option to use the uniform method of collection If a special assessment is levied. The Board is considering the creation of the following special assessment districts: 1. Canoe Creek MSBU - proposed - potable water/fire protection 2. Kings/Indrio MSBU - proposed - roadway widening 3. Iroquois MSBU - proposed - potable water/fire protection 4. Lakewood Park 2 MSBU - proposed - potable water/fire protection 5. Lakewood Park 3 MSBU - proposed - flood protection enhancement 6. Noa Street MSBU - proposed -potable water/fire protection 7. Rainbow Drive 1 MSBU proposed - potable water/fire protection 8. Rainbow Drive 2 MSBU - proposed - wastewater 9. River Hammock MSBU - proposed - potable water/fire protection 10. Towns Villages and Countryside - proposed - infrastructure Recommendation: Board authorization to advertise 10 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012 as outlined in this agenda memorandum, submitted, County Attorney AGENDA REQUEST ITEM NO. VI-C1 DATE: 09104/12 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. LutzkeMl Risk & Benefits SUBMITTED BY: Human Resources/Risk Management SUBJECT: Health Plan modification and discounting Premiums using Insurance Fund Reserves and change employee contributions to a percentage basis for all participating Constitutional Offices and Agencies. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 505-1910-599300-800 Insurance Reserve Fund PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Staff recommends Board approval of Resolution No. 12-151 changing the health plan options and authorizing adjustment of monthly health premiums using $2,660,000 of Insurance Fund reserves to discount monthly premiums and to change employee contributions to a percentage of premium basis and then further adjusting the employee contributions for all BOCC, Constitutional Offices and Agencies employees participating in the Board of County Commissioners Health Plan. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) Originating Dept. ( X ) OMB Director (X) ! Budget Analyst _ (Marie Gouin)' ERD ( ) (Name) SUBJECT: Health Plan Premiums Adjustments ITEM NO. VI-C1 This is a staff recommendation for Board approval of Resolution No. 12-151 changing the health plan options and authorizing adjustment of monthly health premiums using $2,660,000 of Insurance Fund reserves to discount monthly premiums and changing employee contributions for all BOCC, Constitutional Offices and Agencies employees participating in the Board of County Commissioners Health Plan. On July 10, 2012 the Insurance Advisory Committee met and reviewed various health benefit options that were presented by Bob Davis (Tax Collector) and the County Risk & Benefits Manager. The Committee includes the Tax Collector, Property Appraiser, Supervisor of Elections, the Clerk of the Circuit Court, Chairman of the Board of County Commissioners or designee, representatives from the Medical Examiner and Children Services Council. The Finance Department provided the Committee with a Health Insurance Fund Statement of Net Assets (Attachment B). After confirming the availability of surplus funds in the Health Fund, the Committee submitted their recommendations to the Board of County Commissioners in their July 11, 2012 Memorandum (Attachment A). Eliminate plan 3562 and replace it with plan 3566. Currently there are only 12 members in plan 3562. The purpose for this change is to attract more participants to the 'lower benefit' plan which will lower the overall cost to the Committee members. It is believed that many plan members will choose a plan with fewer benefits in exchange for a lower premium. Plan-3566 will be priced noticeably less than high benefit Plan-3766 providing employees with a clear choice of benefit plans that are priced appropriately. Attachment D is a side-by-side comparison of the benefits for new "Low Benefit" Plan-3566 and the current "High-Benefit" Plan-3766 which the Insurance Committee recommended as the St. Lucie County BOCC Health Benefit Plan starting January 1, 2013. The Insurance Committee recommended use of $2,660,000 in Health Fund reserves to discount the full health insurance premiums. There is approximately $21 million in the Health Insurance Fund reserves which includes $4,000,000 in mandatory health fund reserves and other dedicated insurance funds. There are sufficient additional excess reserves to accommodate this use. Staff recommended to the Insurance Committee that there be a change to the Employee contributions from an arbitrary FIXED amount to a percentage based contribution where-in employee contributions for Plan-3566 would be 4% and 7% for Plan-3766. The Insurance Committee recommended further adjustments to those employee contributions so that for CY-2013, no employee would be required to contribute more than they currently pay. The recommended employee contribution levels are shown in Attachment A and in Attachment C. Changing now to a percentage method in conjunction with the other changes will make any future modifications to employee contributions fair and equitable to all participants should such a change be considered. FROM: Daniel J. Lutzke, Risk & Benefits Manager.,Ii (? ?( DATE: September 4, 2012 //`?? 1IXXlI' ?' ?u Staff developed the 2013 health insurance full funding requirements and premium levels in conjunction with the County Benefits Consultant, Employers Mutual Inc. and the Health Plan Third-Party Administrator (TPA). The health insurance program costs for FY-2013 are projected to be $12,363,074 as shown on the bottom of Attachment C, Comparison of Current Year Funding to Projected Funding for CY-2013. Attachment C provides a full comparative breakdown of the proposed CY-2013 Health Insurance Funding with the current CY-2012 funding. Recommendation Staff recommends Board approval of Resolution No. 12-151 changing the health plan options and authorizing adjustment of monthly health premiums using $2,660,000 of Insurance Fund reserves to discount monthly premiums and to change employee contributions to a percentage of premium basis and then further adjusting the employee contributions for all BOCC, Constitutional Offices and Agencies employees participating in the Board of County Commissioners Health Plan. Attachments: Attachment A: Insurance Committee Memo of Recommendation Attachment B: Health Insurance Fund Statement of Assets (Unaudited) Attachment C: Health Plan Funding Comparison - CY-2012 v. CY-2013 Attachment D: Comparison Chart of Benefits for Plan-3566 and Plan-3766 This page intentionally left blank. RESOLUTION NO. 12-151 A RESOLUTION AUTHORIZING A CHANGE OF THE EMPLOYEE HEALTH BENEFIT PLAN OPTIONS, ADJUSTMENT OF CURRENT EMPLOYEE HEALTH INSURANCE PREMIUMS/CONTRIBUTIONS AND USE OF INSURANCE FUND RESERVES TO DISCOUNT TOTAL FUNDING OF THE PLAN. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on information provided by the Insurance Advisory Committee and County staff, has made the following determinations: 1. County staff, in conjunction with the County Benefits Consultant and the County Health Plan Third-Party Administrator, developed alternative benefit plan options and premiums calculated to fully fund the health plan as shown in Column Four of Attachment C and employee contributions that would be based on a percentage of premiums as shown in Column Six of Attachment C. 2. That there are sufficient Insurance Fund reserves and therefore the Insurance Advisory Committee's recommendation that $2,660,000 of the Insurance Reserves be used for a one-time discount of the Health Plan Full Funding rates is reasonable. 3. That the Insurance Advisory Committee's recommendations to drop current benefit Plan-3562 and replace it with Plan-3566 is appropriate. That it is desirable to offer both Low and High Benefit plans and that Plan- 3566 and Plan-3766, as shown in Attachment D, should be the Low and High Health Benefit plan options offered to all Constitutional Officer and Agency employee's desiring to enroll for CY-2013. 4. That the discounted premium rates and the employee contribution rates as listed in Attachment A should be the Premium and the contribution rates applied to all Constitutional Officer and Agency participants in the County Health Plan for CY-2013. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That Health Plan-3562 is dropped and replaced with Plan-3566 which shall be offered with Plan-3766 to all Constitutional Officer and Agency employee's desiring to enroll in a health plan for CY-2013 and that the use of $2,660,000 of Health Fund reserve to discount the full premiums is approved and that the premium/contributions to the County Health Plan shall be those shown in Attachment A and C and shall be in effect for CY-2013. After motion and second, the vote on this Resolution was as follows: Chairman Chris Dzadovsky XXX Vice Chairman Tod Mowery XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 4th day of September 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney This page intentionally left blank. Attachment A MEMORANDUM TO: Tod Mowery, Chairman BOCC Chris Craft, BOCC Frannie Hutchinson, BOCC Paula Lewis, 8000 Faye Outlaw, County Administrator Dan McIntyre, County Attorney Tara Raymore, Director Human Resources Dan Lutike, Risk Manager FROM: Insurance Committee 41 1 DATE: July 11, 2012 !? RE: Insurance Committee Recommendations for FY 2013 Following an Insurance Committee Meeting on July 10, 2012 at 2:00 p.m., the committee voted to approve the recommendations of the Tax Collector, Mr. Bob Davis, CPA, CGFO, CFC which state the following: 1: Plan 3566 will be offered to the employees of St. Lucie County at the following costs: Total Employer Employee Contribution Contribution Employee Only 420.00 420.00 0 Employee_ + 1 840.00 807.00 33.00 Family 1,050,00 1,Q08.Q0 42.00 2. The second recommendation is that $2,660,000 in reserves is used to partially fund health insurance costs for the upcoming year. Participants in plan 3766 would not experience any price increase. Employees that have coverage for Employee plus one will actually have a $7.00 decrease in contribution amount. The rate schedule for plan 3766 is as follows: Employee Only 474.36 449.36 25.00 Employee + 1 983,43 910.43 73.60 Family 1,206.46 1,121.46 85.00 Attachment: Projected revenue and expenses Funding Requirements Based on•Chan&&to: Plan-3566 and Re-structuring Employee Contributions. . " Ootlen (Al.. Ontion. 781 Health Insurance Fund Estimated _ RM Budget at RM Budget at Revenue& Expenses Calendar Year 2011 Budgeted 105%of.Claims 105% of Claims FY-2012 _ CY-2013" CY-2013 Proiected"Annual Revenue Contributions from,Employer & Employee $ 9;305,237 $ 10,061,352 Other Revenue $ 9;398;073 Interest: 18;000;000 X,01 180,000 180;000 180,000 - 180,000. 'Stop-Loss premium refund 287,000 125,000 125,000 125,000 Funded from beginning funded balance 2,000;000 2,000,000 2;000;000 2,660,000 Total: 11,772,237 12,366,352 2,305,000 12}363;073 Proiected. Annual Eiroense5_ Claims Projections 8,886,780 9,286;995 9;283;716 Stop-Loss Insurance (individual claims above $125;000) 1,101;000 1,200;616 1,200,616 Stop-Loss Insurance (aggregate claims above $1,250,000) 37,135 36,771 36,771 Administrative fee to BC/85 650;963 663,972 663;972 Mental health, substance abuse and employee. assistance 114,167 124,323 124;323 Employee and family health clinic 982,192 1,011;882 1,011,882 Electronic Enrollment-Common. Benefits - 41,793 41,793 Total: 11;772,237 12,366,352 12,363;073 Projected Gain (Loss): $ - $ - NOTE: Funding Deleloped herewill take effect 01/0112013 and be in effect throughout CY-2013. Rates based on this. funding will-take effect on 01/01/2013 and be. in, effect throughout CY-2013 06127/2032 180;000 125;000 2,660,000 2;965,000 a R rT d S tD 3 eT a EMI Recommends Funding at 110% of 2012 Actual Claims $13,137;788 Attachment B ST. LUCIE COUNTY, FLORIDA STATEMENT OF NET ASSETS HEALTH INSURANCE FUND - UNAUDITED Assets Current assets: Cash and investments Accounts receivable, net Interest receivable Due from other governments Inventory Prepaid items Total current assets Non-current assets: Buildings and improvements Machinery and equipment Accumulated depreciation Total non-current assets Total assets Fiscal Year Ending Fiscal Period Ending September 30, 2011 March 31, 2012 $ 23,244,451 177,422 125,105 27,666 17,810 30,000 23,622,454 23,182,966 8,005 17,810 30,000 23,238,781 216,388 133,847 (29,237) 320,998 23,943,452 216,388 133,847 (29,237) 320,998 23,559,779 Liabilities Current liabilities: Accounts payable Claims payable Accrued liabilities Interest payable Capital Lease Accrued compensated absences Total current liabilities Non-current liabilities: Capital Lease OPEB Liability Total non-current liabilities Total liabilities 935,483 1,460,000 38,624 3 393 2,280 2,280 2,436,783 1,543,337 216 216 29,589 29,589 29,805 29,805 2,466,588 1,573,142 80,779 1,460,000 175 103 Net assets Invested in capital assets, net of related debt 320,389 320,679 Unrestricted 21,156,475 21,665,958 Total net assets $ 21,476,864 $ 21,986,637 ATTACHMLNT C St. Lucie County BOCC Health Plan Funding Health Plan Funding Comparison - CY-2012 v. CY-2013 For FY-2012 ONE TWO THREE FOUR FIVE SIX FY-2012 Insurance FY-2012 Discounted Committee FULL Premiums CY-2013 Recommended Premiums Plan Funding FY-2012 FULL Premiums Premiums CY-2013 FULL Employee FULL CY-2013 Employee Plan Options Plan Funding Contributions Plan Funding Discounted Contributions # Enrolled by Plan Plan 3562 / PPO Enrollment Enrollment Enrollment Enrollment Enrollment Enrollment Employee Only: 4 4 4 8 69 69 Employee +1: 3 3 3 9 68 68 Family: 5 5 5 9 85 85 Total for Plan: 12 12 12 26 222 222 Plan 3766 / PPO Employee Only: 312 312 312 308 252 252 Employee +1: 250 250 250 244 180 180 Family: 338 338 338 334 257 257 Total for Plan: 895 895 895 886 689 Rates by Tier CY-2013 Plan 3562 / PPO FULL Premiums Employee Only: $582 $483 $40 $514 $420 $0 Employee +1: $1,202 $998 $95 $1,028 $840 $33 Family: $1,456 $1,206 $105 $1,210 $1,050 $42 Plan 3766 / PPO Employee Only: $571 $474 $25 $599 $474 $25 Employee +1: $1,192 $990 $80 $1,215 $990 $73 Family: $1,452 $1,206 $85 $1,496 $1,206 $85 Total Monthly Funding By Tier Plan 3562 / PPO Employee Only: $2,328 $1,934 $1601 $4,111 $ 28,981 $0 Employee +1: $3,606 $2,995 $285 $9,252 $ 57,120 $2,244 Family: $7,280 $6,032 $525 $10,887 $ 89,250 $3,570 Plan 3766 / PPO Employee Only: $178,149 $148,000 $7,800 $184,486 $ 119,539 $6,300 Employee +1: $297,998 $247,608 $20,000 $296,553 $ 178,272 $13,140 Family: $490,752 $407,783 $28,730 $499,550 $ 310,011 $21,845 Total Monthly Funding: $980,112 $814,353 $57,500 $1,004,839 $ 783,173 $47,099 Annual Premiums I Contributions: $11,761,347 $9,772,237 $690,000 $ 12,058,074 $ 9,398,073 $565,188 Other Funding Sources Included: $467,000 $467,000 $ 305,000 $ 305,000 Health Fund Reserves Utilized: $0 $2,000,000 $ $ 2,660,000 Total Budgeted Funding: $12,228,347 $12,239,237 $12,363,074 $ 12,363,073 Required Annual Funding: $12,239,237 $12,239,237 $12,363,074 $ 12,363,073 INCLUDED EXPENSE FY-2011 Final claims: $ 8,789,679 Stop-Loss insurance: $ 1,138,135 Miscellaneous Expenses: $ 842,011 Clinic Operations: $ 982,192 County Administrative Expenses: $ 487,220 2012 Required Funding: $ 12,239,237 INCLUDED EXPENSE FY-2012 Final claims: $ 9,321,096 Stop-Loss insurance: $ 1,200,000 Mental Health : $ 124,323 Clinic Operations: $ 1,011,887 TPA Expenses: $ 705,768 Attachment D Summary of Benefits St. Lucie BOCC 111/13 thru 12131113 Option 2 .' 1JI M_ *lea $0/$0 In-Network In-Network Family Physician $30 $25 In-Network Specialist $50 $45 Out-of-Network DED + 50% DED + 50% E`Offl¢e Visl?arvlces ' - + ; - Si F?F* c ?n Network Specla?st r :. t s t t> r?`, ? ?! a$10 } y ,` ?,stif ???n>?-? ??? r.??afi,, Office Services In-Network Family Physician $30 $25 In-Network Specialist $50 $45 In-Network Family Physician $0 $0 In-Network Specialist $0 $0 oV FLORIDA Blue Ross and Blue Shield of Florida, its subsidiary Health Options and ltsaQillete Flodda Combined Life, are all Independent Licensees of the Blue Ross and Blue Shield Association Inihe pmmhoFhwB, In-Network $5001$1500 Excludes Copays & Rx Excludes Copays & Rx In-Network Family Physician DED + 20% 10% (No DED) In-Network Specialist DED + 20% 10% (No DED) Out-of-Network DED + 50% DED + 10% In-Network $0 $0 In-Network DED+20% 1D% Attachmil uUVCllu vtR vlags susttc i eDGeg racuay - Xrays and AIS (Includes Physician Services) In-Network- Advanced Imaging Services(AIS) DED+20% 10% In-Network - Other Diagnostic Services DED + 20% 10% Option 2 - $60 Option 2-1 1 0% Out-of-Network DED + 50% DED + 50% Advanced Imaging Services in Physician's Office In-Network Family Physician DED+20% 10% (No DED) In-Network Specialist DED+20% 10% (No DED) Out-of-Network DED+50% DED+50% -?. ayfthing'Gerjtef .? '` -:lt< ?t T 5 a 'Nz'r ,-. -- Fta ;nay WOW 'U o p t* % LS U "1- S 3 f 13. S t 1 't^ ! 5KP ? 4 Fl SF ru .r t r. t 27ED*'0 t?w?-t u Itt Natvorl , x, . ?Gof J 4ark . sy ? D++SQ '"r1> , ? , .. ! S . s- _ rt __ ll Durable Medical Equipment, Prosthetics, Orfhotics BPM Enteral Formulas:$2,500AIl Enteral Fonnulas:$2,500AIl Other: No Maximum Other: No Maximum In-Network DED+20% 10% (No DED) FLORIDA Blue Ones and Blue Shield oFFlorldn, its subsidiary Health Options and its affiliate Florida Condoned ufe areail Independent Licensees ofthe Blue Cross and Blue Shield Association tithe pureultaf heeleh (also see Professional Provider Services) In-Network DED+20% $250 Out-of-Network DED+50% DED+50^ In-Network DED+20% 10% Out-of-Network DED+50% DED+50% r Qutpa'tient Ttlerrapy an(I Spinal Ma l, C1 prlatraraszePfyl? { ,.7Q,st?s'rol?uP?§i`1R ?)2fj! 70YpsjtsM ?uRlons'7_, C 26" Skilled Nursing Facility BPM 120 days 120 days In-Network DED + 20% 10% Out-of-Network DED + 50% DED + 50% Retail (30 days) Generic/Preferred Brand/Non-Preferred $10/$35/$45 $61$25/$25 Attachment D Diabetic Supplies (lancets, strips, etc.) are covered under the Rx benefit. Diabetic Equipment (insulin pumps, tubing) are always covered under the medical benefit. This is not an insurance contract or Benefit Booklet. The above Benefit Summary is only a partial description of the many benefits and services covered by Blue Cross and Blue Shield of Florida, Inc., an independent licensee of the Blue Cross and Blue Shield Association. For a complete description of benefits and exclusions, please see Blue Cross and Blue Shield of Florida's Benefit Booklet and Schedule of Benefits; their terms prevail. The information contained in this proposal includes benefit changes required as a result of the Patient Protection And Affordable Care Act (PPACA), otherwise known as Health Care Reform (HCR). Please note that plan benefits are subject to change and may be revised based on guidance and regulations issued by the Secretary of Health and Human Services (HHS) or other applicable federal agency. In addition, the rates quoted within this proposal are based on the plan benefits at the time the proposal is issued and may change before the plan effective date if additional plan changes become necessary. Additionally, Interim rules released by the Federal Government February 2, 2010 require BCBSF to test all benefit plans to ensure compliance with the Mental Health Parity and Addiction Equity Act (MHPAE). Benefits reflected in the proposal are subject to change based on the outcomes of the test. Total Premium & Employee Contributions Option-1, Plan 3562 Total Emp Premium Pays Emp Only: $ 420.00 $ .00 Emp+1: $ 840.00 $ 33.00 Family: $1,050.00 $ 42.00 Option-2, Plan 3766 Total Emp Premium Pays $ 474.36 $ 25.00 $ 990.43 $ 73.00 $1,206.46 $ 85.00 V FLORIDA Blue Oossaud Blue Shield of Florida, ltesubddlary Health Options and its affiliate Florida Combined Life.. all Independent Licensees of the Blue Cross and Blue Shleld Amdation Wmopm.uimfh.tth AGENDA REQUEST ITEM NO. VI-C2 DATE: 09/04112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Renewal of the SYMETRA Financial Excess Stop Loss Re-Insurance policy for the Group Health Plan. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 505-1900-523001-1911 Health Fund. PREVIOUS ACTION: See attached memorandum. COMMISSION ACTION: ( ) APPROVED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney ( X ) Originating Dept. (X) ERD (X) I ?n) ?( arie GGou n) (Name) Board approval for renewal of SYMETRA FINANCIAL Insurance Company Health Benefits Stop-Loss policy number 16-010181-000 for the period from October 01, 2012 thru September 30, 2013. ( ) DENIED Coordination/Sig natures OMB Director Budget Analyst Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Director FROM: Daniel J. Lutzke, Risk & Benefits DATE: September 4, 2012 SUBJECT: Board approval for renewal of SYMETRA FINANCIAL Insurance Company Health Benefits Stop-Loss policy number 16-010181-000 for the period from October 01, 2012 thru September 30, 2013. ITEM NO. VI-C2 Background: On July 10, 2012 the Insurance Advisory Committee met and reviewed the various health benefit costs that makeup the total health plan costs and approved the funding for the health plan. That review included the cost to renew Stop-Loss Insurance coverage. The Committee includes the Property Appraiser (Committee Chairmen), Tax Collector, Supervisor of Elections, the Clerk of the Circuit Court, Chairman of the Board of County Commissioners or designee, representatives from the Medical Examiner and Children Services Council. St. Lucie County is self-insured for employee Health Benefits and purchases a Stop-Loss policy to prevent catastrophic losses to the Health Fund. The expected claims total for the 2012 policy year is $9,692,864.61. The Stop-Loss attachment point is $11,631,438.00 and is based on enrollment of 910 members. After the attachment point is reached the policy reimburses the County for all claims. There is also a per-member Stop-Loss that results in the County being reimbursed for any individual's costs exceeding $125,000 during the plan year. The County's Health Benefits Consultant, Employers Mutual Inc. has obtained competitive quotes from the market place, Attachment A, and has presented the Risk & Benefits Division with a comparative analysis of quotes from five companies. The Symetra quote of $1,146,927.60 is $53,982.80 higher than the lowest bidder, Companion Life. However, the Companion Life quote includes a much higher attachment point of $12,233,785.20 exposing the County to an additional $602,347.20 in claims liability before the Companion Life policy attaches and begins to reimburse the County. Attachment B lists the total policy reimbursements for each of the past 2 full years plus the current Plan Year to date. The annual average recovery from Symetra for the prior 4 full years was $758,567.24. This policy provides extensive financial protection against catastrophic losses and permits the County to fund the Health Plan based on expected losses. The Symetra FY-2013 premium is $8,792.64 greater than the FY-2012 premium. All the quotes except Symetra's require full disclosure prior to confirming their quoted rates and factors. That means the other companies would do an in-depth review of all large on-going claims and case management notes for claims over 50% of the specific deductible. They would review claims with a serious diagnosis even if they have not exceeded the 50% threshold and may carve out individuals with high claim potential and set a higher specific deductible for those individuals. If Companion Life determines the risk is greater than previously quoted they may increase the rates. Symetra will not change their quote. Continuity of coverage is important to both the County and insurance carriers. With Symetra there is an established relationship. They are familiar with the County's benefit program, network, experience and history. The claim filing process is in place and working efficiently and they reimburse the County promptly. Attachment C is the Symetra Schedule of Benefits. The established relationship with Symetra has shown that we are generally given the benefit of the doubt in any questionable or gray areas encountered during claim filing or coverage issue/dispute. In the 2009/2010 plan year Symetra paid out $1,172,668.13 in Specific Claim recoveries to the County. That exceeded the annual premium paid for the coverage and in spite of that they did not raise their premium the following year. The Health Benefit Plan premiums for CY-2013 are based on the Symetra quote and include this cost. Previous Action: None Recommendation Board approval for renewal of SYMETRA FINANCIAL Insurance Company Health Benefits Stop-Loss policy number 16-010181-000 for the period from October 01, 2012 thru September 30, 2013. This page intentionally left blank. 7/30/2012 cific Deductible ime Maximum: tract Basis: cific Rates Single Family ual By Option ual Premium regate Coverage Tract Basis: dor negate Factors Single Family egate Maximum Claims ual Expected Claims negate Rate (Composite) ual Aggregate Premium I Reinsurance Premium I Premium & Claims Liat Jet ual Cost '.S Administration Fee Brokerage/Consulting R I Annual Admin Fees I Annual Fixed Costs I Annual Maximum Cost: I Annual Expected Costs ST. LUCIE COUNTYBOCC Self-Insured Health Plan Renewal 1011112 - 09130113 5 metra S metra ING (Current) I (Renewal) I ReliaStar 314 314 314 596 596 596 $125,000.00 $125,000.00 $125,000.00 Unlimited Unlimited Unlimited Paid Paid 24112 $99.62 $101.67 $117.99 $99.62 $101.67 $117.99 $1,087,850.40 $1,110,236.40 $1,288,450.80 Paid Paid 24/12 120% 120% 125% $1,125.91 $1,065.15 $1,139.80 $1,125.91 $1,065.15 $1,139.80 $12,294,937.20 $11,631,438.00 $12,446,616.00 $10,245,780.59 $9,692,864.61 $9,957,292.80 $3.36 $3.36 $2.20 $36,691.20 $36,691.20 $24,024.00 $1,124,541.60 $1,146,927.60 $1,312,474.80 $13,419,478.80 $12,778,365.60 $13,759,090.80 $10.33 $10.33 $10.33 $112,803.60 $112,803.60 $112,803.60 $55.30 $57.07 $57.07 $3.60 $3.60 $3.60 $643,188.00 $662,516.40 $662,516.40 $1,880,533.201 $1,922,247.601 $2,087,794.80 $14,175,470.401 $13,553,685.601 $14,534,410.80 $12,126,313.79 $11,615,112.21 $12,045,087.60 ReC? ?l'oM ? oldl,?! Unimerica Optum Health $1 $142.61 IAL Employers Mutual, Inc. Sunlife I Highmark I Companion Life I Chartis $60.51 $147.1£ $1,1 $1,1 $21,184.£ $1,270,791.1 $13,774,737.1 $10.2 $112,803.E $57.C $2,046,111.1 $14,550,057.1 Page 1 of 1 $1,1 $1,1 $12,044,7 $10,037,2 $1,323,111 $13,367,871 $10 $112,803 $57 $3 $662,516 $2,098,431 $14,143,191 $12,135,731 31 5E $125,000.( Unlimite 24/1 $106.4 $106.4 $1,162,761.E 24/1 120' $1,117. $1,117. $12,201,571. $10,167,975. $3. $1, $57 $1,974 $14,175 $12,141 $1 6 $1,120.31 $657 6 $1,120.31 $1,503 0 $12,233,785.20 $13,230,016 9 $10,194,820.59 $10,584,013 9 $3.60 $1 30 $39,312.00 $20,311 10 $1,092,982.80 $1,398,600 0 $13,326,768.00 $14,628,616 33 $10.33 $10 30 $112,803.60 $112,803 )7 $57.07 $57 0 $3.60 $3 0 $662,516.40 $662,516 40 $1,868,302.80 $2,173,920 i0 $14,102,088.00 $15,403,936 39 $12,063,123.39 $12,757,933 Aggregate Run-In Limit: Aggregate Run-In Lii $1,835,068.00 15% Specific Run-In Limit: $100,000.00 3 3 2 5 2 5 3 4 PI! lid ?y M rt Attachment - 8 Annual High Cost Claim Summary St. Lucie Co. BOCC * The above information does not include prescription drug claims. /AL Employers Mutual, Inc **Estimated premium calculation based on enrollment at each year's renewal. *1011/07-9/30/08 7 $ 975,471.70 $ 1,156,481.40 *10/1/08-9130/09 8 $ 475,034.67 $ 1,096,983.60 10/1/09-9/30/10 10 $ 1,172,668.13 $ 1,057,626.03 10/1/10-9/30/11 3 $ 282,171.40 $ 1,208,497.32 1011/11-6/30/12 3 $ 101,688.18 $ 1,138,134.96 SYM LTRA® FINANCIAL Symetra Life Insurance Company 777 108th Avenue NE, Suite 1200 Bellevue, Washington 98004-5136 Attachment - C EXCESS LOSS SCHEDULE OF BENEFITS A. Participating Employer: St. Lucie County Board of County Commissioners Policy Number: 16-010181-00 Effective Date of Coverage: October 1, 2003 Participating Employer Anniversary Date: October 1st of each year beginning in 2004. Premium Due Date: Premium is due on the Effective Date of Coverage and the first of each month beginning with November 1, 2003 Enrollment (at the beginning of the Policy Period): Composite 924 B. This Schedule of Benefits applies to the Policy Period: from 10-01-2011 to 10-01-2012 C. Individual Excess Loss Insurance [Z]Yes ?No 1. Individual Deductible per Covered Unit $ 125.000 2. Alternate Individual Deductibles applicable? ?Yes (See Excess Loss Alternate Reimbursement Endorsement) m No 3. Covered Expenses ? Medical excluding all Prescription Drugs m Medical including Prescription Drugs defined as ONE of the following: m Rx Card and Mail Order ? Rx Card Only ? Rx Mail Order Only OR ? Rx as part of Medical Plan subject to a Deductible and Coinsurance ?Other 4. Symetra's Reimbursement Percentage 100 % of Covered Expenses in excess of the Individual Deductible. 5. Individual Lifetime Reimbursement Maximum: Unlimited per Covered Unit 6. Premium Rates Covered Units Composite $99.62 Policy Period Reimbursement Maximum: Unlimited per Covered Unit LGC 8802 03/02 1 of 3 Symetme and the Symetra Financial logo are service marks of Symetra Life Insummm Company EXCESS LOSS SCHEDULE OF BENEFITS Applies to Policy Period: from 10-01-2011 to 10-01-2012 Reimbursement Option: Covered Expenses incurred on or after the Policy Effective Date and paid during the Policy Period with: Run-in Period Unlimited months Run-in Limit $ Unlimited Run-out Period 0 months Run-out Limit $ N/A 8. Individual Excess Loss Terminal Provision applicable? ? Yes m No 9. Individual Excess Loss Advantage Provision applicable? ? Yes m No 10. Individual Advantage Deductible applies toward the Aggregate Attachment Point??Yes m No 11. Individual Excess Loss Transplant Provision ? Yes m No D. Aggregate Excess Loss Insurance m Yes ? No Covered Expenses: ? Medical excluding all Prescription Drugs m Medical including Prescription Drugs defined as ONE of the following: m Rx Card and Mail Order ? Rx Card Only ? Rx Mail Order Only OR ? Rx as part of Medical Plan subject to a Deductible and Coinsurance ? Vision ? Dental ? Short-Term Disability ? Other 2. Aggregate Attachment Point will beset by Symetra. 3. Symetra's Reimbursement Percentage 100 % of Covered Expenses in excess of the Aggregate Attachment Point. 4. Aggregate Reimbursement Maximum per Policy Period $ 1,000,000 5. Monthly Aggregate Accommodation Provision applicable? ? Yes m No 6. Reimbursement Option: Covered Expenses incurred on or after the Policy Effective Date and paid during the Policy Period with: Run-in Period Unlimited months Run-in Limit $ Unlimited Run-out Period 0 months Run-out Limit $ N/A LGC 8802 03/02 2 of 3 EXCESS LOSS SCHEDULE OF BENEFITS Applies to Policy Period: from 10-01-2011 to 10-01-2012 7. Minimum Aggregate Attachment Point 90 % of the first Monthly Aggregate Attachment Point x 12 8. Monthly Aggregate Attachment Factors Covered Units Composite $1,125.91 9. Aggregate Excess Loss Terminal Provision applicable? ?Yes Z No 10. Aggregate Excess Loss premium $ 3.36 Paid: per employee per month E. Medical Conversion Privilege ?Yes m No F. Endorsements Included m Individual Excess Loss Advance Funding Endorsement ?Excess Loss Alternate Reimbursement Endorsement G. Additional Information renewal will be offered with no new or increased Alternate Individual Deductible H. Associated Companies Name N/A Effective Date Termination Date LGC 8802 03/02 3 of 3 AGENDA REQUEST ITEM NO. VI-C3 DATE: 09/04112 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke Risk & Benefits M SUBMITTED BY: Human Resources/Risk Management SUBJECT: Amendment to the Blue Cross and Blue Shield of Florida Administrative Services Only Agreement For Administration of the County Health Plan. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 505-1910-599300-800 Insurance Reserve Fund PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Staff recommends Board approval of the attached Amendment to the existing Blue Cross and Blue Shield d/b/a Florida Blue Administrative Services Only Agreement for the Self-Funded Medical Services Health Plan. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) OMB Director (X) Budget Analyst (Daniel . c yre) (Marie Gouin) Originating Dept. (X) ERD ( ) (Tara RaymoreJ (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners Through: Tara Raymore, Director of Human Resources 4441? FROM: Daniel J. Lutzke, Risk & Benefits Manager j Y. DATE: September 4, 2012 SUBJECT: Amendment to the Blue Cross and Blue Shield of Florida Administrative Services Only Agreement For Administration of the County Health Plan. ITEM NO. VI-C3 On July 10, 2012 the Insurance Advisory Committee met and reviewed the various health benefit costs that makeup the total health plan costs, including Blue Cross and Blue Shield of Florida (BCBSF) cost for Third-Party Administration of the Health Plan, and approved the funding for the health plan. The Committee includes the Property Appraiser (Committee Chairmen), Tax Collector, Supervisor of Elections, the Clerk of the Circuit Court, Chairman of the Board of County Commissioners or designee, representatives from the Medical Examiner and Children Services Council. BCBSF has submitted a letter (Attachment A) advising the County of an amendment to the existing Administrative Services Only (ASO) Agreement between St. Lucie County BOCC and BCBSF and requests that the County sign the Agreement (Attachment B). The amendment changes the agreement to comply with the Patient Protection and Affordable Care Act but does not change or affect the existing costs for administration of the Health Plan. This amendment was provided to the Insurance Committee for their review and comments. The amendments to the County's agreement with BCBSF are system wide for BCBSF and modifies (clarifies) how billing will be handled when members access care outside the geographic area BCBSF serves and obtain care from healthcare providers that have a contractual agreement (i.e., are "participating providers") with the local Blue Cross and/or Blue Shield Licensee in that geographic area and/or obtains care from non-participating healthcare providers. The amendment describes how payment practices in both instances will be followed. Each state's Blue Cross and Blue Shield is an individual corporation and this amendment incorporates the inter-company agreement between the various Blue Cross and Blue Shield companies. BCBSF is also changing the way some physicians may be paid going forward. BCBSF is implementing provider incentive programs (a surcharge) that rewards providers for medical cost savings and high quality patient centered coordinated care that results in faster, better "Outcomes". BCBSF is also changing to a bundled payment arrangement to primary providers for an entire episode of care as opposed to payment for each separate part of the episode care. This will make the primary provider responsible for payment to downstream providers who render services in support of the episode. The outcome approach, which is where the health services industry and the new regulations in the Affordable Care Act are moving to, will ultimately provide patients with better care, the providers an opportunity to perform better and the overall claims cost to be down. The goal is for all parties to win. This is a change in the way some claims will be processed and the "surcharge" may present some initial additional cost to the County. However, in time this methodology will actually save claim dollars, which is why BCBSF as well as other insurance carriers are beginning to reimburse in this manner. The idea is that if providers are rewarded for good outcomes, the result will be better outcomes, healthier members and therefore less overall claim costs. This amendment does not change or otherwise alter the cost of BCBSF's Third-Party Administration of the County health plan and there is no measurable additional medical claims cost or saving associated with implementation of this amendment. Recommendation Staff recommends Board approval of the attached Amendment to the existing Blue Cross and Blue Shield of Florida d/b/a Florida Blue Administrative Services Only Agreement for the Self-Funded Medical Services Health Plan. In the pursuit of health' Attachment A 4800 Deerwood Campus Parkway Jacksonville, Florida 32246 floridablue.com Important information about your Administrative August 6, 2012 Services Agreement with Florida Blue Dear Valued Benefit Administrator, We are writing to share information related to the enclosed Amendment to your Administrative Services Agreement. Below, is a summary of the changes included in the Amendment: • BlueCard Disclosure Language - The Blue Cross Blue Shield Association has enhanced clarification of disclosure for member liability calculation and Inter-Plan program fee payment practices of BCBSA Licensees. • Florida Blue Trade Name - Our new trade name Florida Blue has been incorporated into your Administrative Services Agreement as "Blue Cross and Blue Shield of Florida, Inc., d/b/a Florida Blue." • Trade Secret, Propriety and/or Confidential -Addition of a new section that outlines your agreement to protect information received from Florida Blue that is considered trade secret, proprietary and/or confidential. • Pharmacy (if applicable) - Florida Blue made an update to the Pharmacy language to make the pharmacy rebates applicable to other vendors as well. • Claims Processing and Payment related to Value Based Reimbursement and Bundled Arrangements - Florida Blue is implementing provider incentive programs that reward providers for medical cost savings and high quality patient centered coordinated care and updated language is included to support such arrangements. Likewise, Florida Blue has included updated language to support bundled payment arrangements where Florida Blue will make a single bundled payment for an entire episode of care to a primary provider and the primary provider will be responsible for payment to downstream providers who rendered services in support of the episode. Please sign two originals of the enclosed Amendment to your Administrative Services Agreement and return them in the enclosed envelope. If you have any questions, please contact your Florida Blue sales representative. Thank you for continuing to trust your company's health insurance needs to Florida Blue. Sincerely, Jon Urbanek Senior Vice President of Sales and Marketing Florida Blue is a trade name of BlueCross and Blue Shield of Florida, an Independent Licensee of the Blue Cross and Blue Shield Association. Attachment B AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT, which is effective September 1, 2012, is by and between Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue, a Florida corporation having principal offices at 4800 Deerwood Campus Parkway, Jacksonville, Florida 32246 (hereinafter referred to as "BCBSF") and St. Lucie Board of County Commissioners (hereinafter referred to as "Employer"). In consideration of the mutual and reciprocal promises herein contained, the Administrative Services Agreement between BCBSF and Employer (hereinafter "Agreement") is amended as follows: 1. The subsection entitled "Providers Outside the State of Florida", under Section III, Duties and Responsibilities of BCBSF, is hereby deleted in its entirety and replaced with the following: Providers Outside the State of Florida A. Inter-Plan Programs BCBSF has a variety of relationships with other Blue Cross and/or Blue Shield Licensees referred to generally as "Inter-Plan Programs." Whenever members access healthcare services outside the geographic area BCBSF serves, the claim for those services may be processed through one of these Inter-Plan Programs and presented to BCBSF for payment in accordance with the rules of the Inter-Plan Programs policies then in effect. The Inter-Plan Programs available to members under this Agreement are described generally below. Typically, members, when accessing care outside the geographic area BCBSF serves, obtain care from healthcare providers that have a contractual agreement (i.e., are "participating providers") with the local Blue Cross and/or Blue Shield Licensee in that other geographic area ("Host Blue"). In some instances, members may obtain care from non-participating healthcare providers. BCBSF's payment practices in both instances are described below. Under the Inter-Plan Program called BlueCard®, when member's access covered healthcare services within the geographic area served by a Host Blue, BCBSF will remain responsible to Employer for fulfilling BCBSF's contractual obligations. However, in accordance with applicable Inter-Plan Programs policies then in effect, the Host Blue will be responsible for providing such services as contracting and handling substantially all interactions with its participating healthcare providers. The financial terms of the BlueCard Program are described generally below. Individual circumstances may arise that are not directly covered by this description; however, in those instances, BCBSF's action will be consistent with the spirit of this description. B. Liability Calculation Method Per Claim The calculation of the member liability on claims for covered healthcare services processed through the BlueCard Program will be based on the lower of the participating healthcare provider's billed covered charges or the negotiated price made available to BCBSF by the Host Blue. Page 1 of 6 The calculation of Employer liability on claims for covered healthcare services processed through the BlueCard Program will be based on the negotiated price made available to BCBSF by the Host Blue. Sometimes, this negotiated price may be greater than billed charges if the Host Blue has negotiated with its participating healthcare provider(s) an inclusive allowance (e.g., per case or per day amount) for specific healthcare services. Host Blues may use various methods to determine a negotiated price, depending on the terms of each Host Blue's healthcare provider contracts. The negotiated price made available to BCBSF by the Host Blue may represent a payment negotiated by a Host Blue with a healthcare provider that is one of the following: (i) an actual price. An actual price is a negotiated payment without any other increases or decreases, or (ii) an estimated price. An estimated price is a negotiated payment reduced or increased by a percentage to take into account certain payments negotiated with the provider and other claim- and non-claim-related transactions. Such transactions may include, but are not limited to, anti-fraud and abuse recoveries, provider refunds not applied on a claim- specific basis, retrospective settlements, and performance-related bonuses or incentives, or (iii) an average price. An average price is a percentage of billed covered charges representing the aggregate payments negotiated by the Host Blue with all of its healthcare providers or a similar classification of its providers and other claim- and non- claim-related transactions. Such transactions may include the same ones as noted above for an estimated price. Host Blues using either an estimated price or an average price may, in accordance with Inter-Plan Programs policies, prospectively increase or reduce such prices to correct for over- or underestimation of past prices (i.e., prospective adjustments may mean that a current price reflects additional amounts or credits for claims already paid to providers or anticipated to be paid to or received from providers). However, the amount paid by the member and Employer is a final price; no future price adjustment will result in increases or decreases to the pricing of past claims. The BlueCard Program requires that the price submitted by a Host Blue to BCBSF is a final price irrespective of any future adjustments based on the use of estimated or average pricing. If a Host Blue uses either an estimated price or an average price on a claim, it may also hold some portion of the amount that Employer pays in a variance account, pending settlement with its participating healthcare providers. Because all amounts paid are final, neither variance account funds held to be paid, nor the funds expected to be received, are due to or from Employer. Such payable or receivable would be eventually exhausted by healthcare provider settlements and/or through prospective adjustment to the negotiated prices. Some Host Blues may retain interest earned, if any, on funds held in variance accounts. A small number of states require Host Blues either (i) to use a basis for determining member liability for covered healthcare services that does not reflect the entire savings realized, or expected to be realized, on a particular claim or (ii) to add a surcharge. Page 2 of 6 Should the state in which healthcare services are accessed mandate liability calculation methods that differ from the negotiated price methodology or require a surcharge, BCBSF would then calculate member liability and Employer liability in accordance with applicable law. C. Return of Recoveries Under the BlueCard Program, recoveries from a Host Blue or its participating healthcare providers can arise in several ways, including, but not limited to, anti-fraud and abuse recoveries, healthcare provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds. In some cases, the Host Blue will engage a third party to assist in identification or collection of recovery amounts. The fees of such a third party may be netted against the recovery. Recovery amounts determined in this way will be applied in accordance with applicable Inter-Plan Programs policies, which generally require correction on a claim-by claim or prospective basis. Unless otherwise agreed to by the Host Blue, BCBSF may request adjustments from the Host Blue for full refunds from healthcare providers due to the retroactive cancellation of membership but only for one year after the date of the Inter-Plan financial settlement process for the original claim. In some cases, recovery of claim payments associated with a retroactive cancellation may not be possible if, as an example, the recovery conflicts with the Host Blue's state law or healthcare provider contracts or would jeopardize its relationship with its healthcare providers. D. BlueCard Fees and Compensation Employer understands and agrees to reimburse BCBSF for certain fees and compensation which BCBSF is obligated under the BlueCard Program to pay to the Host Blues, to the Blue Cross and Blue Shield Association (BCBSA), and/or to BlueCard Program vendors, as described below. Fees and compensation under the BlueCard Program may be revised in accordance with the Program's standard procedures for revising such fees and compensation, which do not provide for prior approval by any Employers. Such revisions typically are made annually as a result of Program policy changes and/or vendor negotiations. These revisions may occur at any time during the course of a given calendar year, and they do not necessarily coincide with Employer's benefit period under this Agreement. Where applicable, access fees will be applied each time a claim is processed through the BlueCard Program, and will be billed to Employer as an additional claim liability. Other fees including, but not limited to, administrative expense allowance fees, Central Financial Agency fees, ITS Transaction Fees, an 800 number fee and a fee for providing provider directories, if applicable, are included as a component of the administrative fee and will not be a separate charge to Employer. Only the BlueCard Program access fee may be charged separately each time a claim is processed through the BlueCard Program. If one is charged, it will be a percentage of the discount/differential BCBSF receives from the Host Blue, based on the current rate in accordance with the Program's standard procedures for establishing the access fee Page 3 of 6 rate. The access fee will not exceed $2,000 for any claim. All other BlueCard Program- related fees are included in BCBSF's general administrative fee. E. Non-Participating Providers When covered healthcare services are provided outside of BCBSF service area by non- participating healthcare providers, the amount(s) a member pays for such services will generally be based on either the Host Blue's non-participating healthcare provider local payment or the pricing arrangements required by applicable state law. In these situations, the member may be responsible for the difference between the amount that the non-participating healthcare provider bills and the payment BCBSF will make for the covered services as set forth in this paragraph. Employer understands and agrees to reimburse BCBSF for certain fees and compensation which BCBSF is obligated under applicable Inter-Plan Programs requirements to pay to the Host Blues, to the Blue Cross and Blue Shield Association, and/or to Inter-Plan Programs vendors. Fees and compensation under applicable Inter- Plan Programs may be revised in accordance with the specific Program's standard procedures for revising such fees and compensation, which do not provide for prior approval by any Employers. Such revisions typically are made annually as a result of Inter-Plan Programs policy changes and/or vendor negotiations. These revisions may occur at any time during the course of a given calendar year, and they do not necessarily coincide with Employer's benefit period under this Agreement. F. Inconsistencies To the extent of any inconsistency between the above provision titled "Providers Outside the State of Florida" and other terms or conditions of the Agreement, the above provision controls. 2. The first paragraph of the subsection entitled "Pharmacy Rebates" in Section III, Duties and Responsibilities of BCBSF (if applicable), is hereby deleted and replaced with the following new first paragraph: Pharmacy Rebates In certain circumstances, BCBSF and/or its pharmacy benefits manager and/or vendors (collectively "PBM") negotiate(s) and receive(s) formulary rebates, volume discounts, and/or fees from certain drug manufacturers/distributors as a result of the inclusion of such manufacturer's/distributors branded products on BCBSF's formularies ("Rebates"). 3. The following new subsection, "Confidential and Trade Secret Information", is hereby added to the Agreement under Section II, Duties and Responsibilities of the Employer: Confidential and Trade Secret Information BCBSF maintains proprietary and confidential information and competitively-sensitive trade secret information, which information may be disclosed to Employer for the purposes of analyzing such information in conjunction with services performed under the Agreement. Employer agrees to hold such confidential and/or trade secret information in confidence and only disclose such information to employees of Employer who have a need to know Page 4 of 6 such information; provided however that such employees of Employer agree to maintain the confidentiality of the confidential and/or trade secret information and take all steps necessary to safeguard the confidential and/or trade secret information against unauthorized access, use, and disclosure to at least the extent Employer maintains the confidentiality of its most proprietary and confidential information. Employer shall not disclose such confidential and/or trade secret information to any third party without the express written permission of BCBSF. If BCBSF, in its sole discretion, approves release of confidential and/or trade secret information to a third party, the third party and Employer will be required to execute a Confidentiality & Indemnity Agreement, in a form specified by BCBSF, prior to the release of the confidential information and/or trade secret information to the third party. For purposes of this paragraph, trade secret information is competitively sensitive information which is advantageous to BCBSF in the marketplace and BCBSF considers such information to be a trade secret protected from public disclosure, including protection from disclosure in any meeting which is subject to Florida's Government in the Sunshine Law Section 286.011, Florida Statutes. 4. The subsection entitled "Claims Processing" in Section III, Duties and Responsibilities of BCBSF, is hereby deleted in its entirety and replaced with the following: Claims Processing BCBSF shall provide claims processing services on behalf of Employer for all properly submitted claims, in accordance with the benefits set forth in Exhibit "A", using funds solely supplied by Employer, as set forth in Exhibit "B". BCBSF shall furnish each claimant with an explanation of each claim that is paid, rejected or suspended. For purposes of this Agreement, the term "claim(s)" shall be defined as the amount paid or payable by BCBSF to providers of services and/or covered group members under this Agreement and the Group Health Plan, and in conformity with any agreements BCBSF enters into with such providers of services. For value-based reimbursement programs BCBSF enters into with participating providers, an applicable claim level surcharge may be included in the claim amount. Claim level charges are used to fund a bonus pool for making quality improvement and financial performance incentive payments to providers which have entered into a value- based reimbursement arrangement with BCBSF. The surcharge is only applicable to services provided by these providers, and shall not affect member cost sharing. The accrued bonus pool, which shall be held in a non-interest bearing account, will include surcharge amounts contributed by other self-funded employers. All amounts in the bonus pool shall be available to fund incentive payments to providers who have entered into a value-based reimbursement arrangement with BCBSF and who have achieved the requisite quality and financial goals. The amount of the surcharge will be set by BCBSF based on actuarially estimated incentive payments contractually due to providers. BCBSF will perform periodic reconciliations of the bonus pool and may adjust the applicable claim level surcharge from time to time as it reasonably determines necessary to appropriately fund the bonus pool. Page 5 of 6 Such claims level surcharge amounts will not be refunded to Employer, including upon termination of this Agreement. Any surplus funds at the end of an incentive payment measurement period shall be used to fund incentive payments in a subsequent period. Any deficit in funds at the end of an incentive payment measurement period shall be collected in the next period through an adjustment to the claims level surcharge amount which will cover the previous period shortfall. Additionally, BCBSF may enter into bundled payment arrangements with providers of service which require a single provider to be responsible for providing and/or arranging for the provision of a group of services for a defined episode of care (e.g., hospital, physician and/or ancillary services). In processing such claims for the defined episode of care, notwithstanding the requirements of Exhibit "A", BCBSF may calculate the member cost sharing based upon the status of the provider receiving the bundled payment without regard to the fact that other provider types may have provided certain components of the episode included in the bundled payment arrangement. 5. Except as otherwise specifically noted in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, this Amendment has been executed by the duly authorized representatives of the parties. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. d/b/a FLORIDA BLUE ST. LUCIE BOARD OF COUNTY COMMISSIONERS By: Title: Date: By: Title: Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 6 of 6 AGENDA REQUEST ITEM NO. VI-C4 DATE: 09104112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M SUBJECT: Corizon Inmate Health Care Invoice No. CZN000011406 for FY-2012 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Corizon Health Services invoice number CZN000011406 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $743,730. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney ( X ) Originating Dept. ( X ) Coordination/Sig natures OMB Director Budget Analyst ERD (X) (Marie own) (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Directory/ FROM: Daniel J. Lutzke, Risk & Benefits ManagerL_o DATE: September 4, 2012 ``//''`` IIC?. SUBJECT: Corizon Inmate Health Care Invoice No. CZN000010963 for FY-2012 ITEM NO. VI-C4 Backaround: Corizon Health Services is the third-party administrator for prisoner health care and manages and pays for off-site (outside the Jail) utilization of medical care by County Jail inmates. The County then reimburses Corizon for the invoices Corizon 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. Corizon has submitted Invoice Number CZN000011406 (Attachment A) for FY-2012 Inmate Utilization of medical services costs that Corizon has paid through June totaling $743,730.39 and is requesting reimbursement from the County. Inmate utilization of medical service costs for FY-2012, including the attached invoice, now totals $1,442,331.37. Previous Action: May 15, 2012 - BOCC Approved payment of utilization costs through March totaling $540,781.03. Recommendation Board approval for payment of Corizon Health Services invoice number CZN000011406 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $743,730.39. T* w RIZON Attachment - A INVOICE Invoice: CZN000011406 Customer No: 98005 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 Invoice Date: Page: Payment Due: AMOUNT DUE: For billing questions, please call: 800-729-0069 EXT.1338 July 26, 2012 1 of 1 9/9/2012 743,730.39 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 10/01/2011 Ending: 09/3012012 Description Quantity UOM UnitAmt NetAmount Utilization Aggregate@ 6130/12 1.00 EA 743,730.39 743,730.39 Subtotal: Please Remit To: AMOUNT DUE: EFT Payment To: 743.730.39 743,730.39 CORIZON HEALTH, INC Account Number: 000112997168 12464 Collection Center Drive Routing Number: 064000020 Chicago IL 60693 Please Document Any Variations In Amounts Not Paid in Full QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2011 through September 30, 2012 For the date ended: June 30, 2012 Aggregate Terms per Contract (backup attached): 100% reimbursement S Summary of Aggregate Calculation through 06130112: Paid Claims On-Site Dialysis Treatments Pharmacy - Dialysis Medications Pharmacy - Cancer Medications OnSito X-ray Total Paid through 06130112: Aggregate Limit (Corizon responsibility) pro-rated 9 months: Total Corizon responsibility as of 06130112: Amount over Aggregate Limit due from County Less: Previously Invoiced $ 1,272,868.46 3 - 6 67.49 $ 46.47 $ 11,660.00 $ 1,284,611.42 6 $ 1,284,611.42 $ (640,781.03) AGENDA REQUEST ITEM NO. VI-C5 DATE: 09104112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY- (gl6err4 Daniel J. Luke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for June, 2012. 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 CORIZON Health, Inc. invoice number CZN000011405 for Inmate HIV medications for the FY-2012 period of June 01, 2012 through June 30, 2012, in the amount of $51,101.08. COMMISSION ACTION: ( ) APPROVED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) Originating Dept. (X ) CONCURRENCE: ( ) DENIED Coordination/Signatures OMB Director Budget Analyst ERD (X) (Ma ie Gouin) (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Director FROM: Daniel J. Lutzke, Risk & Benefits Manager DATE: September 9, 2012 SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for June, 2012. ITEM NO. VI-C5 Background: CORIZON Health 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. CORIZON has submitted their Invoice Number CZN000011405 (Attachment A) in the amount of $51,101.08 and is requesting reimbursement from the County for June FY 2012 inmate HIV medication costs in accordance with 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. Inmate HIV medication costs for FY-2012, including the attached invoice, now totals $400,402.06. Previous Action: December 20, 2011 - BOCC Approved payment of October FY-2012 HIV Invoice of $50,926.65. February 21, 2012 - BOCC Approved payment of November FY-2012 HIV Invoice of $50,827.25. February 21, 2012 - BOCC Approved payment of December FY-2012 HIV Invoice of $40,409.45. March 06, 2012 - BOCC Approved payment of January FY-2012 HIV Invoice of $48,459.32. April 17, 2012 - BOCC Approved payment of February FY-2012 HIV Invoice of $35,002.02. May 15, 2012 - BOCC Approved payment of March FY-2012 HIV Invoice of $41,665.04. June 19, 2012 - BOCC Approved payment of April FY-2012 HIV Invoice of $43,162.42. July 17, 2012 - BOCC Approved payment of April FY-2012 HIV Invoice of $38,848.83. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011405 for Inmate HIV medications for the FY-2012 period of June 01, 2012 through June 30, 2012, in the amount of $51,101.08. TM Attachment - A INVOICE Invoice: CZN000011406 Customer No: 98005 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 Invoice Date: Page: Payment Due: AMOUNT DUE: For billing questions, please call: 800-729-0069 EXT.1338 July 26, 2012 1 of 1 9/9/2012 51,101.08 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 10/01/2011 Ending: 0913012012 Description Quantity Uom Unit Amt NetAmount HIV Meds for June'12 1.00 EA 51,101.08 51,101.08 Subtotal: AMOUNT DUE: Please Remit To: EFT Payment To: CORIZON HEALTH, INC Account Number: 12464 Collection Center Drive Routing Number: Chicago IL 60693 Please Document Any Variations In Amounts Not Paid in Full 51.101.08 51,101.08 000112997168 064000020 MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2011 through September 30, 2012 HlV Medications For the month ended: June 30, 2012 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ Annual Aggregate Total: $ 100% bill back over $ HIV Medication & Lab Costs - June 2012 51,101.08 AGENDA REQUEST ITEM NO. VI-C6 DATE: 09104/12 REGULAR ( ) PUBLIC HEARING ( j LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M SUBJECT: Corizon Inmate Health Care Invoice No. CZN000011561 for FY-2012 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Corizon Health Services invoice number CZN000011561 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $107,343.33. COMMISSION ACTION: ( ) APPROVED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) Originating Dept. ( X ) CONCURRENCE: ( ) DENIED Coordination/S is n atu res OMB Director Budget Analyst ERD (X) A Marie Gouin) (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Director /" FROM: Daniel J. Lutzke, Risk & Benefits Manage ()_/°?- DATE: September 4, 2012 SUBJECT: Corizon Inmate Health Care Invoice No. CZN000011561 for FY-2012 ITEM NO. VI-C6 Background: Corizon Health Services is the third-party administrator for prisoner health care and manages and pays for off-site (outside the Jail) utilization of medical care by County Jail inmates. The County then reimburses Corizon for the invoices Corizon 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. Corizon has submitted Invoice Number CZN000011561 (Attachment A) for FY-2012 Inmate Utilization of medical services costs that Corizon has paid through June totaling $107,343.33 and is requesting reimbursement from the County. Inmate utilization of medical service costs for FY-2012, including the attached invoice, now totals $1,549,674.70 Previous Action: May 15, 2012 - BOCC Approved payment of utilization costs through March totaling $540,781.03. September 4, 2012 - BOCC Approved payment of utilization costs through June totaling $743,730.39. Recommendation Board approval for payment of Corizon Health Services invoice number CZN000011561 for FY-2012 Inmate Utilization of Medical Service costs in the amount of $107,343.33. CORIZON° INVOICE Invoice: CZN000011561 Invoice Date: August 16, 2012 Page: 1 of 1 Customer No: 98005 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 Payment Due: 913012012 AMOUNT DUE: 107,343.33 For billing questions, please call: 800-729-0069 EXT.1338 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 10/01/2011 Ending: 09/3012012 Description Quantity UOM Unit Amt Net Amount Utilization Aggregate@ 8116/12 1.00 FA 107,343.33 107,343.33 Subtotal: AMOUNT DUE: 107.343.33 107,343.33 Please Remit To: EFT Payment To: CORIZON HEALTH, INC Account Number: 000112997168 12464 Collection Center Drive Routing Number: 064000020 Chicago IL 60693 Please Document Any Variations In Amounts Not Paid in Full 2012 INTERIM INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2011 through September 30, 2012 For the date ended: August 16, 2012 Aggregate Terms per Contract (backup attached): 100% reimbursement a - Summary of Aggregate Calculation through 06116112: Paid Claims $ 1,350,171.34 On-Site Dialysis Treatments $ - Pharmacy- Dialysis Medications 6 87.84 Pharmacy- Cancer Medications $ 46.47 On-Site X-ray $ 11,650.00 Total Paid through 08116112: $ 1,391,864.76 Aggregate Limit (Corizon responsibility) pro-rated 10 months: Total Corizon responsibility as of 08116112: $ Amount over Aggregate Limit due from County $ 1,391,854.76 Less: Previously Invoiced $ (1,284,511A2) Ait4tJS Auae - nr - AGENDA REQUEST ITEM NO. VI-C7 DATE: 09/04112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M ger SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for July, 2012. 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 CORIZON Health, Inc. invoice number CZN000011560 for Inmate HIV medications for the FY-2012 period of July 01, 2012 through July 31, 2012, in the amount of $24,244.24. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (X) Originating Dept. (X ) ( ) DENIED Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures NB Director Budget Analyst ERD (X) (Marie oui ) (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resource FROM: DATE: SUBJECT: ITEM NO. Backaround: Daniel J. Lutzke, Risk & Benefits September 9, 2012 CORIZON Health, Inc. Inmate HIV Medications Invoice for July, 2012. VI-C7 CORIZON Health 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. CORIZON has submitted their Invoice Number CZN000011560 (Attachment A) in the amount of $24,244.24 and is requesting reimbursement from the County for July FY 2012 inmate HIV medication costs in accordance with 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. Inmate HIV medication costs for FY-2012, including the attached invoice, now totals $424,646.30. Previous Action: December 20, 2011 - BOCC Approved payment of October FY-2012 HIV Invoice of $50,926.65. February 21, 2012 - BOCC Approved payment of November FY-2012 HIV Invoice of $50,827.25. February 21, 2012 - BOCC Approved payment of December FY-2012 HIV Invoice of $40,409.45. March 06, 2012 - BOCC Approved payment of January FY-2012 HIV Invoice of $48,459.32. April 17, 2012 - BOCC Approved payment of February FY-2012 HIV Invoice of $35,002.02. May 15, 2012 - BOCC Approved payment of March FY-2012 HIV Invoice of $41,665.04. June 19, 2012 - BOCC Approved payment of April FY-2012 HIV Invoice of $43,162.42. July 17, 2012 - BOCC Approved payment of May FY-2012 HIV Invoice of $38,848.83. September 4, 2012 - BOCC Approved payment of June FY-2012 HIV Invoice of $51,010.08. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011560 for Inmate HIV medcaitions for the FY-2012 period of July 01, 2012 through July 31, 2012, in the amount of $24,244.24. C?RIZON" INVOICE Invoice: Invoice Date: Page: Customer No: 98005 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 Payment Due: AMOUNT DUE: For billing questions, please call: 800-729-0069 EXT.1338 CZN000011560 August 16, 2012 1 of 1 9/30/2012 24,244.24 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 07/0112012 Ending: 07131/2012 Description quantity uom Unit Amt Net Amount HIV Meds for July'12 1.00 EA 24,244.24 24,244.24 Subtotal: AMOUNT DUE: 24.244.24 24,244.24 Please Remit To: EFT Payment To: CORIZON HEALTH, INC Account Number: 000112997168 12464 Collection Center Drive Routing Number: 064000020 Chicago IL 60693 Please Document Any Variations In Amounts Not Paid in Full MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2011 through September 30, 2012 HlV Medications For the month ended: July 31, 2012 Annual Aggregate Limit: $ Annual Aggregate Total $ 100% bill back over $ HIV Medication & Lab Costs - July 2012 24,244.24 IOWA* Due{1yo202?? ITEM NO. VI-D1 DATE: 9/04/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Bid No. 12-035, LED Electronic Sign for the Havert L. Fenn Center BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 129-7215-564000-7510, Parks MSTU Equipment PREVIOUS ACTION: April 15, 2012 - Permission to Advertise for Havert L. Fenn Center LED Sign June 19`h, 2012 - Rejection of Bid for Havert L. Fenn Center LED Sign and Permission to Re-Advertise RECOMMENDATION: Board approval to award Bid No. 12-035, LED Electronic Sign for Havert L. Fenn Center, to SignAccess, Inc. as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coo rd i n ati on/Sia natu res County Attorney (X) t)k. Daniel McIntyre Originating Dept. (X ) - e'cL /? - Edward Matthews CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB ?' Budget Analyst (X ) U 4' Marie Gouin v0 Patty Marston PRF Division (X) ' Manager - Mark DiMascio Parks and Special Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director FROM: Mark DiMascio, Division Manage- DATE: September 4`n, 2012 SUBJECT: Bid No. 12-035, LED Electronic Sign for the Havert L. Fenn Center ITEM NO. VI-D1 Background: On July 31, 2012, responses to Bid No. 12-035, LED Electronic Sign for the Havert L. Fenn Center, were opened. Out of 129 companies notified, 25 bid documents were distributed and 3 bid documents were received. The purpose of this bid was to select a professional sign company to provide a permanent exterior freestanding sign with an LED display for the the Havert L. Fenn Center. The lowest responsive, responsible proposal received was from SignAccess, Inc., Melbourne, FL in the amount of $57,762.60. This bid falls within the budgeted MSTU amount of $60,000. Bid No. 12-035 was bid in accordance with Local Preference Ordinance No. 09-005. David Bacon Act does not apply for Bid No. 12-035 and this construction project is also under the $300,000 threshold for the St. Lucie County Apprenticeship Program. Recommendation: Board approval to award Bid No. 12-035, LED Electronic Sign for Havert L. Fenn Center, to SignAcces, Inc. as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. BORAD OF COUNTY COMMISSINOERS LED ELECTRONIC SIGN FOR THE HAVERT L. FENN CENTER BID #12-035 DUE DATE: 07131/12@3:30 PM ]Specify Make and Model of LED Sign: ]Specify mm: I Eastside of Driveway" (Sign ISotware ITotal Bid Cost I ;Westside of Driveway**** [Sign ISotware (Total Bid Cost ;Annual Software Maintenance [Annual Sign Maintenance NUMBER OF COMPANIES NOTIFIED': NUMBER OF BID DOCUMENTS DISTRIBUTED*: NUMBER OF BIDS RECEIVED: * - Per demandstar.com SIGNACCESS, INC. Melbourne, FL FAX: 321-752-1990 I Optec' 20mm I matrix 64x128 I I I I I I I I I I I I I I I I I I I I /per year /per year 129 25 3 $56,784.22 Included $56,784.22 $57,762.60 Included $57,762.60 Included Included I I DON BELL SIGNS,LLC Port Orange, FL I IFAX: 386-763-4762 ] Adaptive Micro System EZ View Outdoor 20mm ] 64x124 I I $67,000.00 $330.00 I I $67,330.00 I I I I $67,000.00 I I $330.00 I I $67,330.00 1 I /per year $0.00 I/peryearl $1,440.00 max.48hrs PURCHASING DEPARTMENT ADVANCED POWER TECHNOLOGIES,LLC Pompano Beach, FL I [FAX: 964-9844400 Optec 120mm 1 64128 $76,200.06 $768.00 I [ $76,968.06 I [ I I $76,200.00 I I $768.00 I I $76,968.00 I I I / per year $400.00 1/peryear l $925.00 ITEM NO. VI-D2 DATE: 9/412012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Facility Rental and Admission Fees for The National Estuaries Day Festival BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive the facility rental fee of $450 for the Smithsonian Marine Station for the National Estuaries Day Festival and approval to waive admission fees during the festival and accept a fee of $400 from the Smithsonian Marine Station and $250 from the Regional History Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County Attorney (X) ,'I- Daniel McIntyre Originating Dept. ( X) r', y Edward Matthews CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Budget Analyst ( ) Marie Gouin Patty Marston PRF Division (X) Manager Mark DiMascio Parks and Special Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director FROM: Mark DiMascio, Division Manager DATE: September 4th, 2012 SUBJECT: Waiver of Facility Rental and Admission Fees for The National Estuaries Day Festival ITEM NO. VI-D2 Background: Cristin Ryan, Education Specialist for the Smithsonian Marine Station, located at 701 Seaway Drive, Fort Pierce, Florida, is requesting to utilize Museum Pointe Park for the National Estuaries Day Festival, scheduled to take place on Saturday, September 29th, 2012. The Smithsonian Marine Station is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The event will bring together environmentally focused non-profit and for-profit organizations and businesses from the Treasure Coast to promote the importance of the Indian River Lagoon and the need to protect this valuable resource. The Smithsonian Marine Station is requesting that the County waive the facility use fee of $450 for the event. They will reimburse the County for event staff and supplies in the amount of $566 as required by Board policy. Additionally, the Smithsonian Marine Station requests that admission fees for both the Aquarium and the Regional History Center be waived so the facilities are accessible to the public at no cost during the event. The Smithsonian is offering to pay a fee of $400 and the St. Lucie County Historical Society is offering a $250 fee to help offset lost admission revenue. If consent items VI-D2 and VI-D3 are approved at the September 4, 2012 BOCC meeting, the total fees waived in the Parks, Recreation and Facilities Department for FY 12 will be $18,395.25. Recommendation: Board approval to waive the facility rental fee of $450 for the Smithsonian Marine Station for the National Estuaries Day Festival and approval to waive admission fees during the festival and accept a fee of $400 from the Smithsonian Marine Station and $250 from the Regional History Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-D3 DATE: 9/4/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. (. ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the Workforce Solutions 2012 Regional Job Fair BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A COMMISSION ACTION: ( ) APPROVED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB County Attorney (X) GUS Budget Analyst ( ) Daniel McIntyre Originating Dept. ( X) PRF Division (X) Manager Edward Matthews Board authorization to waive $675 in facility rental fees for the Workforce Solutions 2012 Regional Job Fair to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ( ) DENIED Marie Gouin Patty Marston ark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director FROM: Mark DiMascio, Division Manager v DATE: September 4th, 2012 SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the Workforce Solutions 2012 Regional Job Fair ITEM NO. VI-D3 Background: Workforce Solutions is requesting to utilize the Havert L. Fenn Center for their annual job fair. They are a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. This event will provide businesses located in Indian River, Martin, Okeechobee and St. Lucie Counties the opportunity to meet, potentially interview and hire area job seekers. Workforce Solutions workshops will be held simultaneously to assist job seekers with their job search skills, resume writing and interviewing techniques. The estimated participation for this event is up to 100 companies and up to 4,000 job seekers. The Regional Job Fair is scheduled to be held at the Havert L. Fenn Center on October 2, 2012. Workforce Solution is requesting that the County waive the facility use fee of $675. They will reimburse the County for staffing use fees in the amount of $432, as required in the Board policy. If consent items VI-D2 and VI-D3 are approved at the September 4, 2012 BOCC meeting, the total fees waived in the Parks, Recreation and Facilities Department for FY 12 will be $18,395.25. Recommendation: Board authorization to waive $675 in facility rental fees for the Workforce Solutions 2012 Regional Job Fair to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-D4 DATE: 0914/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roger Shinn Vr SUBMITTED BY: Parks, Recreation & Facilities Department Facilities Manager Facilities Division SUBJECT: Courthouse Annex Renovation, Boran, Craig, Barber & Engel (BCBE) Change Order NoA BACKGROUND: See attached memorandum FUNDS AVAILABLE: 315-1930-562000-1531 and 170-1931-546200-1531 PREVIOUS ACTION: April 24, 2012 the County Administrator approved Change Order No. 3 for 30 additional days. RECOMMENDATION: Board approval of Change Order No. 4 to Boran, Craig, Barber and Engel as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sia natu res CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) d" " / OMB Director ( ) J Budget Analyst Dan McIntyre Marie Gouin Originating Dept. Purchasing ( ) R Ed Matthews Desiree Cimino FACILITIES DIVISION MEMORANDUM TO: Board of County Commissioners THROUGH: Ed Matthews, Parks, Recreation and Facilities Director/F FROM: Roger Shinn, Facilities Managea(w- Greg White, Project Manager DATE: August 23, 2012 SUBJECT: Courthouse Annex Renovation, Boran, Craig, Barber & Engel (BCBE) Change Order No.4 ITEM NO. VI-D4 Background: April 24, 2012 the County Administrator approved Change Order No. 3 for 30 additional days to complete testing and balance (T&B) work and close the permit. The attached, proposed, Change Order No. 4 represents the first and only change order that involves additional cost. All previous change orders were for additional time only. During the project costs were incurred for "owner initiated" HVAC items, unforeseen electrical and structural items related to the installation of elevators for a total cost of $115,928.67. In order to close- out the contract, county staff needs your approval of Change Order No. 4 to increase the BCBE contract at a cost of $115,775.33 that can be funded as follows. Funding is available through Budgeted Project Funding Remaining $85,562.00 Fund# 315-1930-562000-1531 Additional Funds Needed $30.213.33 Fund# 170-1931-546200-1531 Requested Change Order No.4 Total: $115,775.33 An additional 137 days will be added to allow final payment to be made. Recommendation: Board approval of Change Order No. 4 to Boran, Craig, Barber and Engel as outlined in this agenda memorandum. CHANGE ORDER ST. LUCIE COUNTY (name, address) St. Lucie County Courthouse Annex Renovations TO (Contractor): Boran Craig Barber Engel Construction Co., Inc. 3606 Enterprise Avenue Naples, Florida 34104 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached. ATTACHMENT 1 CHANGE ORDER NUMBER: INITIATION DATE: No. 04 8/2 912 0 1 2 CONSULTANT'S PROJECT NO.: Bid No. 09-077 ST. LUCIE COUNTY CONTRACT NO: C10-01-133 CONTRACT DATE January 12, 2010 The original (Contract Sum) was $ 1,773,100.00 Net change by previous authorized Change orders $ The (Contract Sum) prior to this Change order $ 1,773,100.00 The (Contract Sum) will be (+nsreased) (des, eased or unchanged) by this Change Order $ 115,775.33 The new (Contract Sum) including this Change order will be $ 1,888,875.33 The Contract Time will be (increased) %? eased) (unchanged) by ( 137 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: September 30, 2012 Funds Available: Account Number 315-1930-562000-1531 and 170-1931-546200-1531 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Baran Craig Barber Engel Construction Co., Inc. Contractor 3606 Enterprise Ave., Naples, Florida 34104 Address: ATTEST: APPROVED: St. Lucie County Parks, Recreation & Facilities St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk By., Chairman Date: Approved as to Form and Correctness: County Attomey ITEM NO. WE1 DATE: 09/04/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Planning and Development Services Business & ConcurreV nager SUBJECT: Tropicana Manufacturing Company, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives - 6500 Glades Cut-Off Road, Fort Pierce, FL BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001009-5215-582000-500 County Job Incentive PREVIOUS ACTION: June 21, 2011; BOCC approval of a Letter of Intent to provide economic development incentives. RECOMMENDATION: Board approval of Job Growth Investment Grant JGIG-12-001 in the amount of $16,500 phased over two years ($8,250 per year). COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sin natu res County Attorney ( ) Daniel McIntyre Originating Dept. ( ) Ma atterlee OMB Director ( ) t\m Marie Gouin _) Budget Analyst ?I Sophia Holt Planning and Development Services Department Business & Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo FROM: Michael Brillhart, Business & Concurrency Manager DATE: September 4, 2012 SUBJECT: Tropicana Manufacturing Company, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives ITEM NO. VI-E1 BACKGROUND: Tropicana Manufacturing Company, Inc. has requested a Job Growth Investment Grant (JGIG) economic development incentive from St. Lucie County. Please see the attached letter from the Economic Development Council of St. Lucie County, Inc. dated May 11, 2011. Tropicana is an existing citrus beverage producer located at 6500 Glades Cut-Off Road in Fort Pierce. This company is eligible for a JGIG in consideration of its designation on St. Lucie County's targeted industry list under "Food & Beverage Products Manufacturing". This specific expansion, referred to as "Project Zeke", was completed in consideration of improvements to citrus beverage "packaging" and "distribution" operations at this facility. The hourly wage of $18.65 for Project Zeke is higher than the County's average hourly wage of $15.22. Tropicana currently employs a staff of over 360 and is planning for the hiring of 10 additional employees over the next two years specific to this project. Under this scenario, the maximum JGIG grant incentive is calculated in the amount of $16,500 phased over two years ($8,250 per year). The Board approved a Letter in Intent to provide this JGIG business incentive to Tropicana (Project Zeke) on June 21, 2011. RECOMMENDATION: Board approval of a Job Growth Investment Grant JGIG-12-001 in the amount of $16,500 phased over two years ($8,250 per year). fECQ;;'4'11C0, ?ELOP ;ENT PUBLIC PARTNERS SL Lucie County City of Fort Pierce City of Port St. Lucie Florida Atlantic University Fort Pierce Utilities Authority Indian River State College SLC Chamber of Commerce St. Lucie County School District Workforce Solutions BOARD OF ADVISOR LEVEL. Lawnwood Regional Medical Center ?g Heart Institute / St. Lucie Medical Cente Martin Memorial Health Systems PNC Bank Torrey Pines Institute for Molecular Studies CHAIPMAN'S LEVEL AT&T Florida Core Communities Culpepper & Torpening, Inc. Digital Domain Media Group, Inc. Florida Power & tight Mann Research Center Seacoast National Bank Suffolk Construction Company VGTI Florida; Inc. LEADERSHIP LEVEL Asset Specialists Inc. Bank Atlantic First Peoples Bank Scripps Treasure Coast Newspapers TD Bank Tropicana Underwater Engineering Services, Joe. CORPORATE LEVEL AECOM Anderson-Moore Construction Corp. Dean, Mead, Minton & Zwemor Dibartolomoo, McBee, Hartley & Sames, P.A. DPP Construction, Inc. Guifstream Business Bank Ollnater, YOokley & Stuart P.A. Hedrick Brothers Construction Co., Inc. Jade Communications, Inc. Orenge Blossom Business Center PGA Golf Club Spherion Stiles Construction May 11, 2011 Ms. Faye W. Outlaw, MPA County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Project Zeke Dear Ms. Outlaw: The Economic Development Council of St. Lucie County was asked by a Fort Pierce manufacturer, known by their project name as Project Zeke, for assistance with their expansion and has requested confidentiality. This is a retention project as well as an expansion opportunity. By adding their new processing at the St. Lucie County facility, Zeke will remain cost-competitive within their industry. Projections are to add eleven full-time equivalent jobs at $18.65/hour and $51.5 million capital investment. These jobs will be added over the course of four years. Project Zeke has requested an Ad Valorem Tax Exemption and a Job Growth Investment Grant from the County. We request your favorable consideration supporting the expansion of Project Zeke. Sincerely, arty Pelton President cc Michael Brillhart 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office • (772) 879-7477 Fax • contact@YourEDC.com • www.YourEDC.com JGIG-12-001 ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the 4th day of September, 2012 by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY and Tropicana Manufacturing Company, Inc a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. number is 13-3346705. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth 1 Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - includes the hourly cost of wages, bonuses, and commissions but does not include benefits. The Top two Executive salaries as defined in this Agreement shall not be included in the average wage calculations. b. "Base Period for Hourly Wage level and Job Creation" - the Employer's Quarterly Report (UCT-6) as defined in Exhibit "A" for the quarter preceding the Grant application. C. "Default" - failure to comply with the terms of the Agreement. d. "Effective Date" - date selected to start the annual monitoring of the Job Creation and Hourly Wage level. e. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a 10 percent increase. f. "Facility" is defined in Paragraph 6 below. g. "Full-time Equivalent Job" - shall be calculated by total payroll hours per year divided by 52 weeks and then, divided by 35 hours. h. "JGIG" - shall mean Job Growth Investment Grant. h. "New Business" - a business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. i. "Employer's Quarterly Report Form UCT-6" - is defined in Exhibit "A". 2 k. Research Firm - A company that employs 50% or more of their workforce in the development of new products, refinement of existing products, testing of products, development of new scientific information and others to be defined. 1. "St. Lucie County Average Hourly Wage" - At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by Enterprise Florida, Inc. for State incentives. 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage at the Facility of not less than 18.65 per hour annually. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the jobs at the Facility meets the average rate of 18.65 per hour. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form UCT-6) including hours worked per month, total number of employees, gross wages paid in the quarter. The wages for the Two Top Executives shall not be included within the wage level commitment calculation. Each quarter after the approval of the JGIG, the COMPANY must provide this information to the COUNTY when filing the Employer's Quarterly Report (Form. UCT-6). The first report after the Effective Date may include only a partial quarter due to the approval timing. The Base Period will be subtracted from the current twelve (12) month report to equal net growth of hours and wages. The net wages will be divided by the net hours for the average hourly wage rate to compare to the targeted minimum hourly wage level. If the Company does not file UCT-6 reports with the State of Florida, then the Company shall not be required to provide quarterly reports to the County, but shall provide an annual report similar to the form attached as Exhibit "C". The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of 10 new Full-Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "B", which is attached hereto and made a part hereof. These new jobs will . be phased in on the following schedule; Year One after Effective Date 20% or a minimum of 2jobs Year Two after Effective Date 30% or a minimum of 3 jobs Year Three after Effective Date 50% or a minimum of 5 jobs To obtain the Grant amount for jobs created, the annual calculation of cumulative jobs created must meet or exceed the minimum cumulative job levels and meet the hourly wage requirements. 3 At the end of Year One, the annual calculation of the incremental jobs will be determined by taking the Base Period reported hours for the Facility and dividing by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The same calculation for Year One shall be made by taking the reported annual hours divided by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall be subtracted from the Year One employee count for the Facility then compared to the minimum jobs committed by the COMPANY to create. At the end of Year Two, the annual calculation of the incremental jobs will be determined by taking the full time employee count for Year One (calculated as set forth above) and subtracting it from the full time employee count for Year Two (calculated in the same manner). At the end of Year Three, the annual calculation of the incremental jobs will be determined by taking the full time employee count for Year Two (calculated as set forth above) and subtracting it from the full time employee count for Year Three (calculated in the same manner). If the COMPANY does not achieve the cumulative job creation goal stated within the Job Growth Investment Grant, but has achieved a minimum of 85% of the cumulative job creation commitment for the period, the JGIG amount will be recalculated for the scheduled year. The County will recalculate the Grant amount based on the actual job levels obtained, and pay the annual amount as calculated reduced by 50%. The COMPANY'S failure to achieve a minimum cumulative job creation of 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount it was scheduled to receive for that year and such funds shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. 4. Term; Termination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically terminate 10 years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY provided however, provisions of this contract shall survive the termination of the contract. 5. Grant Eligibility; Payment Schedule. a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG shall be made on the first anniversary of the Effective Date of this Agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1st and March 318t will be paid by May 15th after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1st and September 30th will be paid by November 15th after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form UCT-6), as described in Exhibit "A", not 4 coincide with the date that an eligibility determination is made; the COMPANY shall have the right to file a report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. b. The COMPANY will be eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $16,500 which Grant shall be payable as follows: Year 1 - $8,250; Year 2 - $8,250 This payout period, 2 years, will begin one year after the Effective Date of this Agreement based on payout schedule in paragraph 5 section a. The COUNTY shall pay $1,650 per Full-Time Equivalent Job. 6. Site/Facility This Agreement relates specifically to the jobs to be created by the COMPANY at (a) the new packaging line completed in 2011 and located within the expansion of Building 3, as shown on the site plan approved by the COUNTY pursuant to Planning and Development Services Department approval SPMN 120104213 dated January 2, 2011 (the "Site Plan"), and (b) the pulp drumming expansion completed in 2011 and located within Building 9, as shown on the Site Plan (collectively, these expansions are referred to herein as the "Facility"). For purposes of calculating the jobs created by the COMPANY and hourly wages pursuant to this Agreement, the COMPANY shall only be required to provide information relating to the employees hired to staff the Facility, and all calculations shall be based upon such employees and their hourly wages. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 5 years after the last scheduled JGIG payment. Should the Company relocate before the agreed number of years, all grant dollars paid to the Company shall be paid back to the County within a 120 day period. 8. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report UCT-6 of its business operations within St. Lucie County on the State form UCT-6 as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. In the alternative, if the COMPANY does not submit UCT-6 quarterly reports to the State, the COMPANY may annually submit a report similar to the form attached hereto, as Exhibit "C" containing the information necessary to meet the requirements of this grant award. The alternative form must be notarized and signed on Company letterhead. Notwithstanding anything to the contrary set forth herein, the foregoing alternate form may be submitted for the UCT-6 anywhere a UCT-6 is required by this Agreement. 9. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 10. Default; Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 11. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 12. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 13. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 14. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 15 16. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 17. Assiqnment. 18. The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY'S written approval. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. 19. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: With copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce. FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 W. Lee Dobbins Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 Fort Pierce, FL 34947 20. Entire Agreement. Steven J. Lezman Tropicana Products, Inc. 1001 13th Avenue East Bradenton, FL 34208 The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto sets its hand the day and year above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: ?' ralok-'/ Print Name: S &?,wt,7 Print Name: T?msi r QY Aieldwn ?oNAVPW?• Notary Public State of Florida Brenda J Davidson v ?. _ ?? My Commission EE044663 ` 'f or ao Expires tli/2tl@01a COMPANY: TROPICANA MANUFACTURING COMPANY, INC., a Flo ida corporation BY: ' ?1 -°?. , Print Name: ?i?s A 4-Yzr-lq Title: PzG "-t- iuoIuWi- V (Corporate Seal) Date F0129595v2 Exhibit "A" Use black ink, Example A-lbo l Mien example0 T1 d L?0[??`b©[I? C7??33 e?? OUIUUER EN0140 WE DATE 0111110i0110? Name Mailing Address CltylstrLIP Location Address Cltylst7alf, 1. Erderl lninumb9r le 4"400 111111 wasresewandped-0mp let month IIIIJJII eee axes 1111 Oy000 Performed rmemedd eenravs during 2nd Martin en d ulpopxycludin N moe 111111'01111 I21Aoffth lhum oulml, h 30MOmh L Check If ate operations rceased. 1111/1111/01100 0 D 0 Check If you had ootrol-stweveagal,Attach Emprayerb eua hudy Aspen for OUbopSmfe Wages (UCT-014F)- 2. Groeswegea peld NSquvmr (MUSt loWdlpagea) 3. Yyageshardthe waaerh excessof $7.000. 4. TavauleavagetpaidlNs DUarter (Ibo2ldma Linea{ 6, Tordw IMViipty U1s A1g 1x Pace l 000}11 10,1100.00 000,000,000.0? 1110 000 0011.110 6. PmaNydue 16saimlNeOwo.) 111111}1111;000.00 7. Inlemldtdve (seeuc BmsJ 000}111111}111111.011 & llm (Solndrocliomsodi.} 6x 0.110 Da idVxnwtl/ue (?IIeINLUOM14.} 1111?,111111,111111n110 96. AaeupffMaW Lsze iraituciars.) 111111,0011,000. 011 ?r?+ - UCT-6 If you we king us a solo proprietor. is this for 11 11 d ti l t h h ld omes c( udsa o ) emp oymen .. yes No and the facts shead In It so ones rswiom 4411111)an !4!3.141421. Florida libeleal Tithe Sign here - A -^?,v . SrarMresot proper Phan 34 1 Pax. ( ) can PrepeRr'l Prepanreheek ? Prepalvr'e Paid aipnetum ttedaaeplgw 65N Or PTIN preparers a mma (oryuuro Data (FEIN y and.ddm,. - ZIP i on'eroa nam n?.dsa cad. Employer's Quarterly Report Payment Coupon UCPG R. 08/10 Florida Department of Revenue COMPLETE and MAlLMth your REPORTYPAYMENT. Don USE ONLY T Please wade y04rLITA000UNT NUMBER On check. ?????/?? L Make check payable to: FHrld aU O FU n d POSTMARK DP RAND-D¢LIYaIIY PATE UTACCOUNTNo. 00 7r ??FF F , li 6 0001111-0 U.Jl} F.E.I. NUMBER 00- 2. 1111 000111 U.S.Dolure- { GROSS WAGES (From Line 2 abov¢.) 111111 }11 1111 ,111111 . ?CentsI ?J 011 96. AMOUNT ENCLOSED 111111 111111 111111 110 ' } . (From Line 9b above.) Name PAYMENT FOR QUARTER 00-00 ENDING MM/YY A1.111 m; Address 0 Check here if you are electing to 0 Check here if you transmitted City/wzfP pay tax due in installments. funds electronically. L Florida Departtne}d of Revenue Employerfs 4uarterly Report Emp*M xe roadmd IoFkgmHelylarAvage reporb regardless ofasepblamenj dal, tl R.Og/10 PENALTYAFYEADATE TAX PAYE UTACMUNTWMBER a a 110011111111-0 Is mtnnyenanpes ?e dvrbem Alert umblae6yN+ Is His prew.prprlraatl pas requModNm ngfafar( 7ndru[11snM. Nlnnrrarlq on Mla lprm. F.EL NUMSEfs Emolosa Accound? 011-0000000 requot endeompiete an rcrount Cbarigo angc Farm NC6-N, fa3diTICW,L6E0iLY}Oa1Wli(eA1e Reverse Side Must be Completed 110 1111 1111011 9100 0 99999999 0068054031 7 5009999999 0000 4 IRIII???IlI1? I?I?? (?lll?l??f??l?) EmaweortigDepartment ofN9Re?ven9ea apemeam rs srterlvwgl a"ae. R.oe D 'J UCTLB EMPLOYEWSNAME E 00411/?00? ?0?-a ???M EMPLOYEESSOCB+LSECURITY NUMBER ii. EMPLOYTF'S NAMEWme.p+d av nwMeaa a«aolint>NmeaNerst 10 ? 12.EMPLOYEE'SOat1SSWASESPADTNIOUAMEa ' . ehanebndltnt atnein6arW IS UUMYTFA 126. EMPLOYEES TAYABLE WAGES PAID 000-00-0000 111111-??-0?0? 11011 -1111 -0000 111111- ??- 11000 111111- 1111- 11000 111111 -1111- 0000 0004110-0000 0110-110-0000 LaNast e m 1 11 0 0 11 0 0 0 0011911 1111110 1., Firm Name I ? ? ?? ? i n WOO 126. il LAMP 1 11 1111 11 1 11 11110 1 12. 11011,11 Frxl Nama M. Name 12 000111 Nazi Nama ir" Nnmx 11 11 11 11 I c ? 1 0114 +?. 011050 Pisa Name 12b. Namo +.1111010 fl [] [] L] 00 0 0 0 Mld?la I Lear - ; 111111,11 F.? Namet 11 11 ? ? ? ? ? ? MiU?n ? LNaast me t2a 000,11 Fact N. ? ? ? ?? ? ? ? WOO Iniael 11 12b. al Name 12a 11110,11 trial Nana 11 11 11 12b. L1 13a. Tntal6ross Wegea(edd Unes 12a only). Total this page only. 0 Li 11,11 Include Ihk and totalsirom additional pages In Line 2 on page I. 13b. Tolel Taxable Wagoo (odd Lfnesl2b only), Total one page oNy. Include this arid teials from adddional pages In Mna a on page 1. J,JUIJa I00. -,= j?. 1111 uu. uu 1111.1111 1111. 110 DO NOT _ FaETACN Mail Reply TO: Unemployment Tax Florida Department of Revenus 5050 W Tennessee St Bldg L Tallahassee FL 32399-0180 Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. SSNs obtained for tax administration purposes are cooldentlal under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of your SSN Is authorized understate andfederallaw. Visit our Internet site at wwworyflodda.com7dorandselect '1'Nacy Notice" for more information regarding the state and federal law governing the collecilon, use, or release of SSNs, Including authorized exceptions. Tired of paperwork? We can help! File and pay your Florida unemployment tax online, It's fast, easy, accurate, and secure. InternetAddress: Www.mNlodde.Peaddor ? ? ???C11110 M',°da ? 11111111?c?? etyd?a ???????? MlgN ie ? 111111=??_????? - 1111 _ ? Mfiela Exhibit 6 To the Job Growth Investment Grant Agreement between St. Lucie County and Tropicana Manufacturing, Inc. (Project Zeke) Target: Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached - circle the qualified industry. Attachment Exhibit B -1 Application Section Criteria: X Expansion _ New Business Relocation Employment Commitment: 10 of net new jobs (number) of net new jobs (number) of net new jobs (number) COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: Total number of employees (new and existing) expected during term of grant 10 New, full time employees (eligible for grant application) expected during term of grant 90% % of County residents $18.65 Average hourly wage of all employees to be employed by company $15.18 Current average hourly wage in St. Lucie County $51,500,000 Capital Investment Amount (Building improvements, equipment etc). IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $15,000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 200+ total new jobs (35% bonus) $750 90% or more local hires - St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) $750 Research Firm (30% bonus) Use of local contractors for construction activity* (5% bonus) $1,500 Total Bonuses $16,500 Total Grant (base amount + total bonuses) Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. EXHIBIT "C" TROPICANA MANUFACTURING COMPANY, INC. FTE CALCULATION WORKSHEET Annual Hours and Earnings Report March 1, 2011 - February 29, 2012 Month Hours Worked Number of Gross Waees Employees March 2011 April 2011 May 2011 June 2011 Jul 2011 Au ust 2011 September 2011 October 2011 November 2011 December 2011 January 2012 February 2012 Total Total Hours - Annual = Weekly Hours Worked Weeks 52 = Total Gross Wages Total Hours Worked FTE Hours = FTE's 35 = Average Hourly Wage F0125929v1 DEAN MEAD Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 P.O. Box 2757 (ZIP 34954) Fort Pierce, Florida 34947 772-464-7700.772-562-7700 772-464-7877 Fax www.deanmead.com March 7, 2012 VIA HAND DELIVERY Michael Brillhart Special Projects Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Tropicana Manufacturing Company, hrc./Project Zeke Dear Michael: Attorneys and Counselors at Law Orlando Fort Pierce Viera Gainesville W. LEE DOBBINS 772-464-7700 x. 6715 Idobbins@deanmead.com Enclosed are three (3) original Job Growth Incentive Grant Agreements relating to the above-referenced expansion, all of which have been signed by Tropicana. Also, enclosed are copies of the Certificates of Completion for the building construction relating to this expansion. If possible, please schedule the JGIG Agreement for approval by the Board of County Commissioners at the same meeting as the Ordinance for the Ad Valorem Tax Exemption. After the JGIG Agreement has been approved by the BOCC and signed, please send me a fully executed version. Thank you again for all of your help, and as always, if you need anything further from me, please feel free to call. Be t egards, ??//?? - z CY' `? 9 W. Lee Dobbins WLD:av Enclosures Cc: Scott Davis (w/o encl.) Steve Lezman (w/o encl.) F0139246v1 A Member of ALFA International -The Global Legal Network CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida ll0l'ding Code certifying that at the time of issuance this structure was in compliance with the various ordinances of St. Lucie County regulating building construction or use. For the following: T3uildingPermtNo. 1102-0031 ParceliFolio.Nlir: 33. k1 M12-0002-0:00/1 Dot #' Block: Subdivision: Occupancy: Factory Industrial -low hazard Building Address: 6500 GLADES CUT-OFF RD Legal: Description: 156 39 THAT PART OF N 1/2 OF SEC LYON OF MIDWAY'RD NWLY OF GLADES.CUT OF ROAD AND WLY OF TRPK MPDA Permit Job CONSTRUCTION OFANEW 3,129 SF CALCIUM BUILDING. CONCRETE Description PERMIT # 1101-0160 (FILLED LANDS AFFIDAVIT WITH. CONCRETE.PERMIT). Permit Finaled: 07/21/2011 Contractor TIMOTHY:A GOOD THE HASKELL COMPANY (904) 791-4500 11.1 RIVERSIDE.AVE JACKSONVILLE, FL 32202 c+! -'.aWmvta`N,?FCYai}6wR?xu.'duxti!PTKw'[6u}1?u`M?ah4w.i?u,Y+ 'xV!.tYL'13kMS•u?..i"AUrN'!' tiayfs-}Mew?wum'ww.wmv?N?MIT+aS-+,WVxlwsq.,,sPWti<a.SM?i+r- •• •- •. _wM?W' "Y ..- ?iKmuN,?.svY:.vW_'v.v.rtnn[_..Y,runv:.-'.%f Kenneth Arnold Building Official Thursday, July 21, 2011 Date Printed NOTE: Tldt'Certiftcote of Completion is issued tothe a6dee named; for building atthe.above named location only' upon.the:express provision that the applicanlwill abide b} and comply withalllite conditions of the Zoning Ordinanc6andall Qidiriiinces orJ3.iiilding Codes of Saint Lucie County pertaining to the eiecton,:coii'slr'uctioir or rempdeling'of buildings .ot sIEUCtSres. This also certifies that the. electrical`V7iiiirg and/or ei)uiptnent, and tke plumbing work have been inspected and approved. The issuance of this.Certtficategrants permissionlo occupyaridvse the property described.. herein or ly:for hetuseIndieated. Any cliange?ia use will arequue a new Certificate of Completion. :POS'T' W A. CONSPICUOUN PLACE CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirexuents of the Florida Bullding.Code certifying that at the tithe of issuaxiathis'strActure Was In compliance }v1fh the various:ordinances of St. Lucie County regulating building construction or use. For the following: I3ulding,PertnitNo, 1101-0132: Parcel/Folio Nbra 3301-112-0002-000/1 Lot .# Block: Subdivision: Occupancy: Factory Industrial - moderate hazard Building Address: 6500 GLADES CUT-OFF RD Legal Description: 1 36 39 THAT PART OF N 1/2 OF SEC LYG N OF MIDWAY RD NWLY OF GLADES CUT OF ROAD AND WLY OF TRPK MPDA Permit Job NEW CONSTRUCTION OF A 13,584 SF PROCESS BUILDING [ DRY GOODS Deseriptlon WAREHOUSE ]:AT TROPICANA FACILITY ** OCCUPANCY CLASSIFICATION F=1:* CONSTRUCTION TYPE IIB Permit Finaled: 07/21/2011 Contractor TIMOTHY A GOOD THE HASISELL COMPANY (904) 791-4500 III, 1U1?RSIDE:A T 7ACKSO,N!fILLE,Ri..32202 - - csu: p -tae Kenneth Arnold Building Official Thursday, July 21, 2.0 11 Date Printed NOTE: Tbis Certificate of Completion is issuedtoUc above named, far building at the above named location only upon the express provision that the:applicant will abide by and comply with all the condifions.ofthe Zoning Ordinances atrd.all Ordinances or Building Codes of Saint Lucie County pertaining )o the.erection, construction orremodeling of baildings or structures, This also certifies thar.fit electrical wiring and/or equipment, and the plumbing work have been inspected and approved, The Issuance of this Certificate grants penuissionto occupy and use the property described herein only for the use indicated. Any change in use will require a pew Certificate of Completion. POST IN A CONSPICUOUS PLACE ITEM NO. VI-F1 DATE: 09/04/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Don Pauley SUBMITTED BY: Public Works - Road & Bridge Road & Bridge Manager SUBJECT: Bid No. 12-036, Purchase of Asphalt Millings BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-41122-546200-42003 - Millings PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 12-036, Purchase of Asphalt Millings to Ranger Construction of Fort Pierce and Dickerson Florida, Inc. of Fort Pierce and authorization for the Chairman to sign documents as approved by County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER Coordination/Sici natures CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney ( X) OMB Director ( X) f Budget Analyst t \?? Dan McIntyre j Marie Gouin Purchasing ( X) Public Works ( ) t e Desiree Cimino ald B. West Don Pauley ( ) DENIED Public Works Administration Road & Bridge MEMORANDUM TO: Board of County Commissioners FROM: Don Pauley, Road & Bridge Manager DATE: September 4, 2012 SUBJECT: Bid No. 12-036, Purchase of Asphalt Millings ITEM NO. VI-F1 Background: On July 25, 2012, submittals to Bid No. 12-036 for the purchase of asphalt millings were opened. Three submittals were received; 139 companies were notified and 10 documents were distributed. Bid No. 12-036 was bid in accordance with Local Preference Ordinance No. 09-005. The Apprenticeship Program and the Davis-Bacon act are not applicable. The purpose of this bid is to establish a contract for the purchase of asphalt millings for a twelve-month period on an as-needed basis for the Road and Bridge Division. Recommendation Board approval to award Bid No. 12-036, Purchase of Asphalt Millings to Ranger Construction of Fort Pierce and Dickerson Florida, Inc. of Fort Pierce and authorization for the Chairman to sign documents as approved by County Attorney. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET- BID #12-036 PURCHASE OF ASPHALT MILLINGS OPENED: JULY 25, 2011 AT 2:30 PM PURCHASING DEPARTMENT Three (3) submittals were received for subject proposal: ASPHALT MILLINGS ADDITIONAL PROCESSING /PER TON /PER TON RANGER CONSTRUCTION IND. 4510 glades Cut-Off Rd., Ft. Pierce, FL 34981 $4.85 $2.40 Fax: 772-466-9559 DICKERSON FLORIDA INC. ?T 3122 N. 25 St., Ft. Pierce, FL 34946 $5.00 $3.00 Fax: 772-429-4445 COMMUNITY ASPHALT 2975 Industrial Blvd., Vero Beach, FL 32967 $8.50 $2.00 iFAX: 772-770-3707 Number of companies notified: 139 Number of bid documents distributed*: 10 Number of bids received: 3 *per demandstar,com ITEM NO. VI-F2 DATE: 09/0412012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dir ct SUBJECT: Taylor Creek Dredge Material Management Area BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140369-4315-563000-094650 - Taylor Creek Permanent Spoil Site Construction 140353-4315-563000-46501 - Taylor Creek New Spoil site 140361-4315-563000-46506 - Port of Fort Pierce Dredging 140370-4315-563000-4657 - Taylor Creek Dredging Phase 2 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of Work Authorization No. 2 with Dredging and Marine Consultants for Construction Management and Inspection Services in the amount of $155,180 for the Taylor Creek Dredge Material Management Area and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA, IcMA-cm County Administrator Coordination/Sig natures County Attorney (X) /// OMB Director (X) j?,//f !!4 Budget Analyst 4 l t ?`? Dan McIntyre Marie Gouin Public Works. ( X) I VA Road & Bridge ( ) Don Id B. West Don Pauley Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: September 4, 2012 SUBJECT: Taylor Creek Dredge Material Management Area ITEM NO. VI-F2 Background: Currently, the County is working to implement Phase 2 of the Taylor Creek Project. This involves dredging of an additional 100,000 cubic yards of muck sediments, upstream of the Railroad Bridge. The County initiated a spoil site selection process in August 2007. Based upon a final evaluation report prepared by Dredging and Marine Consultants and Engineering, LLC., (DMC) the Ridgehaven property at the SLC Airport was selected as the Phase 2 spoil site. The attached proposal from DMC outlines the scope of services required for the Phase 2 Construction Management and Inspection services for construction of the spoil site. This work will include final certification of the spoil site structure for future use by the County. Previous Action August 14, 2007 - Board of County Commissioners approval of Work Authorization No. 5 with Dredging and Marine Consultants, LLC. for Spoil Site Assessment Study in the amount of $9,500. May 27, 2008 - Board of County Commissioners conceptual approval of dredging Spoil Site to be located at the Ridgehaven property on the SLC Airport. October 20, 2009 - Board approval of Work Authorization No. 11 with Dredging and Marine Engineering, LLC. for the engineering design of Taylor Creek Restoration Dredging Phase 2, in the amount of $316,980. Recommendation Board approval of Work Authorization No. 2 with Dredging and Marine Consultants for Construction Management and Inspection Services in the amount of $155,180 for the Taylor Creek Dredge Material Management Area and authorization for the Chair to sign documents as approved by the County Attorney. WORK AUTHORIZATION NO. 02 CONTRACT C10-12-614 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2012, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DREDGING & MARINE CONSULTANTS, LLC, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on June 22, 2010, the County entered into a Consulting Agreement (Contract No. C10-12-614) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Taylor Creek Restoration Dredging Project, Phase 2 Construction Management and Inspection Services (hereinafter referred to as "the Project'.) SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C10-12-614). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of one hundred fifty-five thousand one hundred eighty and 00/100 dollars ($155,180.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time specified in the Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: (1) DREDGING & MARINE CONSULTANTS, LLC BY: (2) PRINT NAME: Page 2 of 2 Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project, Phase 2 Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, DMC Project Number: 12-002-17 Scope of Services Task 1: Construction Management and Inspection Services • Providing full time construction inspection and management services during the construction of the DMMA site for an estimated seven (7) months of construction, including weekend work. • Receive, review and authorize all safety, maintenance of traffic and best management compliance plans as well as all shop drawings. • Document and observe all construction activity including contractor's compliance with design plans and specifications. • Provide County with weekly status reports and photo documentation on Contractor's progress as well as attend any County Council and or public updates meetings, if needed. • Coordinate field progress meetings as required between the Contractor and the County's designated project manager to discuss issues and resolutions and provide minutes of the meetings. • Verify and confirm all materials and methods used in construction, including geotechnical testing. • Coordinate with an independent geotechnical engineering firm to provide quality assurance concrete testing and soil moisture density, composition, bearing, and gradation testing. • Verify contractors quality control testing by random sampling based on "in the field" observations • Organize and verify test results • Photo documentation of all aspects of the construction. • Assist with any Contractor pay request and quantity verifications. • DMC will ensure that a set of field record drawings is maintained for all aspects of the construction modifications and verify final as-built drawings by the contractor • DMC will provide County with a set of final construction binder will a contract, drawings, specifications, record drawings, final approved pay requests and as-built certifications • Facilitate and grant administration services and reporting. • Provide construction inspection and management services at the Treasure Coast Research Park fill recipient site on an as needed basis. • Document and observe construction activity, including the contractor's compliance with design plans and specifications, on the fill recipient site at Treasure Coast Research Park. • Verify contractor's quality control testing of fill materials hauled to the Research Park; according to submitted geotechnical recommendations. • Organize and verify fill recipient site testing • Document and observe maintenance issues including sediment loss, access road condition, contractors observance of park rules and regulations, and best management practices. • Ensure fill recipient site gate is properly secured when work is not being performed, especially on weekends and holidays. • Update Treasure Coast Research Park representatives on the status and schedule of fill hauling, and coordinate any additional requests with the selected contractor. • Coordinate and review all DMMA Water Monitoring Well testing and results, as per FDEP compliance requirements. DMC agrees that any of these tasks maybe reduced and/or eliminated by the County at its sole discretion by a written notice to DMC, including via email and upon DMC receipt acknowledgement. However, DMC will be compensated for any work completed up to the date of notification. Exhibit B Budget Project: Taylor Creek Restoration Dredging Project; Phase 2 Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 09-002-17 Budget Task Description Construction Management and Inspection 2 Cost ($) $155,180 TOTAL $155,180 Exhibit C Schedule Project: Taylor Creek Restoration Dredging Project, Phase 2 Client: St. Lucie County County Project Manager: Mr Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSC. DMC Project Number: 09-002-17 Timeline ITaskl Description 2012 1 2013 Apr I Mayl Jun I Jul I Aug I Sep Oct I i a NovI DecI a. Jan I Feb I I. I. ? Mar I Apr I MayI Jun I Jul I AUp I Sep I Oct I Nov 1 Construction Management and Inspection u _ J 3 11 __ C:lUsersUash\Desktop\Projecls\Taylor Creek\Proposals\DMC Proposais\St. Lucie County Taylor Creek Dredging Phase 2 Exhibit C (Inspection) (&07-2012) ITEM NO. VI - F3 DATE: 9/4/2012 AGENDA REQUEST REGULAR l ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY, e Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dir cto SUBJECT: Taylor Creek Dredging Phase 2 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4315-563000-4657 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Supplemental No. 1 to Joint Participation Agreement #425969- 1-94-01 with FDOT in the amount of $1,160,000 for Dredging of Taylor Creek Phase 2, approval of Resolution No. 12-160 and authorization for signature by the Chairman. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) OMB Director (X) In? Budget Analyst Dan McIntyre Marie Gouin Originating Dept. (X) uw Doi ald B. West ERD ( ) Page 1 of 3 Public Works Administration MEMORANDUM TO: Board of County Commissioners ''__\\ FROM: Donald B. West, Public Works Director PTO, DATE: September 4, 2012 SUBJECT: Taylor Creek Dredging, Phase 2 ITEM NO. VI - F3 Background: In 1998, the County initiated the Taylor Creek Dredging and Restoration Project, to remove the muck sediments from Taylor Creek. Removal of muck sediments from the tributaries to the Indian River Lagoon (IRL) is a goal of the IRL National Estuary Program. In April of 2004, the County commenced construction of Phase 1 of the Taylor Creek Dredging Project. The Phase 1 Project resulted in the removal and disposal of 94,767 cubic yards of muck sediments from the Taylor Creek navigation channel. A 16-acre spoil disposal site was constructed on Mr. Lloyd Bell's port property for handling the muck sediments. The project was completed in June of 2005, and the spoil site was removed from Mr. Bell's property in April 2007. Phase 2 involves the dredging of Taylor Creek in the upstream reach between the railroad and the C25 spillway structure. This phase will require dredging of an additional 100,000 cubic yards of muck sediments. The County awarded the contract for Spoil Site Construction to Guettler Brothers Construction, Inc. on August 21, 2012. Originally, the County budgeted $1.75 million to match FDOT funding for Taylor Creek Dredging Phase 2. FOOT programmed $1.3 million for the current fiscal year to pair with the funding from the 2010 JPA in the amount of $454,904 to cover the $3.5 million project cost. Utilizing only a portion of the County's budgeted match leaves $450,000 available in the County Port Budget for future project match. Recently, due to the immediate need of addressing the shoaling in the inlet channel FDOT shifted $140,000 of the $1.3 million current fiscal year funding to allow for assistance with the Inlet Channel Emergency Dredging (Item VI-F4 on this Board Agenda) and leaving $1,160,000 for the Taylor Creek Dredging Phase 2. FDOT has assured County staff if the bids for Taylor Creek Dredging Phase 2 come in over the combined JPA total of $3,229,808 (as seen in the table below), they will assist with funding to make up the $3.5 million. Page 2 of 3 Original JPA 2010 $454,904 County Match (50%) $454,904 NEW Supplemental JPA 2012 $1,160,000 County Match (50%) $1,160,000 TOTAL $3,229,808 Previous Action: February 9, 2010 - Board approval of Joint Participation Agreement #425969-1-94-01 with FDOT in the amount of $454,904 for Dredging of Taylor Creek Phase 2 August 21, 2012 - Board approval of bid award to Guettler Brothers Construction, Inc. in the amount of $1,867,487 for Taylor Creek Dredge Material Management Area (Spoil Site) Recommendation: Board approval of Supplemental No. 1 to Joint Participation Agreement #425969-1-94-01 with FDOT in the amount of $1,160,000 for Dredging of Taylor Creek Phase 2, approval of Resolution No. 12-160 and authorization for signature by the Chairman. Page 3 of 3 RESOLUTION NO. 12-160 A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF TRANSPORTATION SUPPLEMNTAL NO. 1 TO JOINT PARTICIPATION AGREEMENT (# 425969-1-94-01) FOR TAYLOR CREEK DREDGING PHASE 2 AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Taylor Creek Dredging Phase 2 (#425969-1-94-01). 2. The Board should authorize and approve execution of the Supplemental No. 1 to Joint Participation Agreement with the Florida Department of Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Supplemental No. 1 to Joint Participation Agreement with the Florida Department of Transportation (#425969-1-94- 01) to provide funding for Taylor Creek Dredging Phase 2. 2. The Board hereby authorizes and Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 After motion and second, the vote on Resolution 12-160 was as follows: Chair Chris Dzadovsky Vice-Chair Tod Mowery Commissioner Paula Lewis Commissioner Frannie Hutchinson Commissioner Chris Craft PASSED AND DULY ADOPTED this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725U38A7 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Paea1ia Number 1 Financial Project ND.: Fund: DPTO FLAIR Category: 088794 42596919401 Function: 215 Object Code: 750005 (item-segment-phase-sequence) Federal No.: Org. Code: 55042010429 Contract No.: APQ24 DUNS No.: 80-939-7102 Vendor No.: VF696000835079 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55005 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County BOCC - Port of Fort Pierce 2300 Virginia Avenue, Fort Pierce, FL 34982 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 3rd day of March entered into a Joint Participation Agreement; and. WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $1,614,904.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 2010 1.00 Project Description: The project description is amended N/A 72s M7 PUBLICTMNSPORTATION mu11 Page 2 M 4 2.00 Project Cost: Paragraph 3:00 of said Agreement is increased by bringing the revised total cost of the project to $3,229,808.00 $2,320,000.00 Paragraph 4.00 of said Agreement is increased by $1,160,000.00 bringing the Department's revised total cost of the project to $1,614,904.00 3.00 Amended Exhibits: Exhibit(s) 4.00 Contract Time: Paragraph 18.00 of said Agreement December 5.00 E-Verify Vend ors/Contractors: 1, shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract: and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. of said Agreement is amended by Attachment "A": 31st 2014 Financial Project No. Contract No. APQ24 Agreement Date 725*3 0] PUBLIC TRANSPORTATION 06!11 Page 3 of 4 42596919401 Except as hereby modified, amended or changed, all other terms of said Agreement dated March and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY St. Lucie County BOCC - Port of Fort Pierce AGENGYNAME SIGNATORY (PRINTED OR TYPED) FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Director of Transportation Development DEPARTMENT OF TRANSPORTATION 3rd 12010 TITLE TITLE 1250340! PUBLIC TRANSPORTATION 06M Pape 4 o14 Financial Project No. 42596919401 Contract No. APQ24 Agreement Date ATTACHMENT"A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC - Port of Fort Pierce 2300 Virginia Avenue, Fort Pierce, FL 34982 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Supplement the contract with additional funding for Taylor Creek Dredging Phase II 1. Project Cost: As Approved As Amended Net Change $909,808.00 $3,229,808.00 $2,320,000.00 Total Project Cost $909,808.00 $3,229,808.00 $2,320,000.00 H. Fund Participation: As Approved As Amended Net Change Department: $454,904.00 $1,614,904.00 $1,160,000.00 Agency: $454,904.00 $1,614,904.00 $1,160,000.00 $0.00 Total Project Cost $909,808.00 $3,229,808.00 $2,320,000.00 Comments CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. Donald B. West ill SUBMITTED BY: Public Works - Administration Public Works Di ctor SUBJECT: Inlet Channel Emergency Dredging BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4315-563000-4657 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) in the amount of $140,000 for Emergency Dredging of Inlet Channel, and Resolution No. 12-159 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 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) = OMB Director (X) F I? Budget Analyst ``? (y 1 Dan McIntyre Marie Gouin Originating Dept. (X ) *A I Do aid B. West ERD ( ) (Karen L. Smith) Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West Public Works Director DATE: September 4, 2012 SUBJECT: Inlet Channel Emergency Dredging ITEM NO. VI-F4 Background: Florida Department of Transportation (FDOT) has redirected a portion of funding planned for Taylor Creek Dredging Phase 2 to allow for "spot" dredging of the shoaled areas of the Inlet. This emergency dredging will allow the inlet to be restored to a permitted depth of (-)28 feet, so Indian River Terminal could operate at normal capacity. The attached Joint Participation Agreement (JPA) will provide fifty percent (50%) of the necessary funding for emergency dredging of the Inlet Channel. By acceptance of the agreement, the County agrees to cost share this project with FDOT. The estimated cost of the project is $280,000; the County share is $140,000. The County match are funds from the Taylor Creek Dredging Phase 2 project which is available in the Port Budget. Recommendation: Board approval of Joint Participation Agreement with FDOT in the amount of $140,000 for Emergency Dredging of Inlet Channel, and Resolution No. 12-159 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 12-159 A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT (# 425969-2-94-01) FOR DREDGING OF CHANNEL AT PORT OF FORT PIERCE AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Dredging of Channel at Port of Fort Pierce (#425969-2-94-01). 2. The Board should authorize and approve execution of the Joint Participation Agreement with the Florida Department of Transportation for the above- referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Joint Participation Agreement with the Florida Department of Transportation (#425969-2-94-01) to provide funding for Dredging of Channel at Port of Fort Pierce. 2. The Board hereby authorizes and Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 After motion and second, the vote on Resolution 12-159 was as follows: Chair Chris Dzadovsky Vice-Chair Tod Mowery Commissioner Paula Lewis Commissioner Frannie Hutchinson Commissioner Chris Craft PASSED AND DULY ADOPTED this day of 12012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 3OL PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION Dent JOINT PARTICIPATION AGREEMENT Pa9e1d14 Financial Project No(s).: Fund: DPTO FLAIR Category.: 088794 (item-segmenbphase-sequence) Function: 215 Object Code: 088794 425969-2-94-01 Federal No.: Org. Code: 55042010429 Contract No.: CFDA Number: CSFA Number: 55005 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County BOCC - Port of Ft. Pierce 2300 Virginia Avenue, Fort Pierce, FL 34982 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2014 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 311 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Dredging of Channel at the Port of Ft. Pierce and as further described in Exhibit(s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. DUNS No.: 80-939-7102 Vendor No.: VF696900835079 7250ao-o6 PUBLIC TRANSPORTATION 06/11 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the. provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 280,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made.a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 140,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost. Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding [] is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ? is Q is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725MO-06 PUBLIC TRANSPORTATION 001 P.O. 3 Of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelinestprocedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of "the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.. All checks, payrolls, invoices, contracts, vouchers, orders,, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, Including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725 0-06 PUBUCTRAWPORTATION 06171 Page 4af 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination,of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-1 33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part 11 State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit forsuch fiscal year in accordance with Section 215:97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "U' to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federat program, matching requirements. 2. In connection with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure thatthe audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725930-06 PUBLIC TRANSPORTATION W11 Page 5 W 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each, of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 W Commercial Blvd Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Modal Development 3400 W Commercial Blvd Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 W Commercial Blvd Fort Lauderdale, FL 33309 725-030-06 PUBLIC TBAN6PORTATION BULL P.g.6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to.each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 W Commercial Blvd Fort Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 W Commercial Blvd Fort Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations)., Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a'proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency; the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7258] PUBLIC TRANSPORTATION WHt Page 7 of 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd. Fort Lauderdale, , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudifthereof. 8.12 Invoices for any travel expenses shall'be submitted in accordance with Ohapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid, for real property, (c) a statement by the Agency certifying that the appraisal.and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations:. Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." ]25-03606 PUBLIC TRANSPORTATION 6CJ11 Page 6 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725.0 us PUBLIC TRANSPORTATION Wi11 Page 9 W 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall 'not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement., Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following' Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in.connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installafion, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. ]2503006 PUBLIC TRANSPORTATION 05/11 Page 10 of 14 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, directors or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 72&MO-W PUBLIC TRANSPORTATION ON71 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers; agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission; or negligent act by the Department or any of its officers, agents; or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: ih the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 823. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 726N PUBUGTRANSPORTATION 06111 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12131/2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension o e time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725 Wa PUBLIC TRANSPORTATION 06111 page Z d 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor; supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verify Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the, contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 725030-06 PUBLIC TRANSPORTATION 06/11 Page 14 d 14 Financial Project No(s).425969-2-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County BOCC - Port of Ft. Pierce AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Gerry O'Reilly, P. E. TITLE FM NO.: 425969-2-9401 CONTRACT NO. AGREEMENT DATE: EXIT] BIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportatiam and St. Lucie County BOCC- Port of Fort Pierce PROJECT LOCATION: Port of Fort Pierce PROJECT DESCRIPTION: To provide funding for the dredging of the channel at the Port of Fort Pierce SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount ofstate funding action (receipt and disbursement offends) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Upon receipt of an invoice from the Agency, theOffice of Modal Development has (10) ten working days to inspect and approve the goods and services where working days is defined as any day of the week excluding Saturday, Sunday and any legal as designated in Section 110.117, Florida Statutes. Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires our agreements to contain a scope of work that clearly establishes quantifiable and measurable deliverables. The attached Department of Financial Services link will provide guidance concerning accountable contraWevelopment.' The scope of work is-specifically addressed in chapter 3: http://www.myflor.idaefo. coinlaadirldoes/ContractandGrantManagementUserGuide p_df Narrative Severe shoaling in some areas of the Port of Fort Pierce channel has resulted in water depths of as few as 17 feet in immediate proximity to areas with 30foot draft. In order for harbor pilots to be. able to effect transit, depths of a minimum of Bea are required throughout the channel, from outer buoy to dock- a condition that can be achieved through a dredging project to remove sand from shoaled spots.Dredging will restore the depth of the channel for safe passage for all vessels. Deliverables shall include: 1. Develop a detailed scope and schedule of values for the above named project that clearly establish quantifiable and measurable deliverables. Ths shall be submitted with the first reimbursement request. Reimbursement for this deliverable will be made upon acceptance. 2. Additional deliverables will be determined and reimbursed in accordance with the schedule of values. 3. The final deliverable is the dredging of the Port of Ft. Pierce Channel. FM NO: 425969-2-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral pint of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC - Port of Fort Pierce dated 1. PROJECT COST: $280,000.00 II. PARTICIPATION: Agency Participation In-Kind 0.0% or $0.00 Cash 50.0% or $140,000.00 Other 0.0% or $0.00 Maximum Department Participation Primary:(DS) (DDR) (DIM) (PORT) (DPTO) 50.0% or $140,000.00 Federal Reimburseable:(DU) (CM) (DFTA) 0.0% or $0.00 Local Reimburs6able (DL) 0.0% or $0.00 TOTAL PROJECT COST: $280,000,00 FM NO.: 425969-2-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC - Port of Fort Pierce , dated Reference statute(s) as applicable: Section 311, Florida Statutes DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: 1. All proposals, plans, specifications, and P parry contracts covering the project for Departmental approval. a. Project Budget per Section 6.00 of the JPA b. Attorney certification of compliance withthe Consultants Competitive Negotiations Act (CCNA), per Section 12.20 of the JPA c. Plans and Specifications (Sign & Sealed) per Section 15.00 of the JPA d. 3`d party contracts need Departmental approval per section 12.10 of the JPA 2. All audit reports as described in Section 7.60 of the JPA 3. Quarterly Progress Reports provided within 30 days of the end of the quarter 4. Agency Certification, Per section 16.00 of the JPA 5. Three (3) original Invoice Summaries and backup information including a progress report must be submitted to the District Office when requesting payment. FM NO.: 425969-2-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "D" STATE AGENCY: Florida Department of Transportation CSFA #: 55.014 TITLE: SeaportGrants AMOUNT: $140,000.00 AUTHORIZATION: Section 311, Florida Statutes STATE AGENCY: Florida Department of Transportation CSFA #: 55.005 TITLE: Seaport Grants AUTHORIZATION: Section 311.07 & 311.09, Florida Statutes COMPLIANCE REQUIREMENTS: Restrictions: Grants are not to exceed $7,000,000 per calendar year for any one elide seaport. A 50 percent match is required for these project grants Other grants using program funds used to fund projects that involve the rehabilitation of wharves, docks, berths, or similar structures shall require a 24rercent match of funds. Eligible seaports include Port Canaveral, Port Everglades, Port of Fernandina, Port of Fort Pierce, Port of Jacksonville, Port of Key West, Port Manatee, Port of Miami, Port of Palm Beach, Port of Panama City, Port of Pensacola, Port St. Joe, Port of St. Petesburg, and Port of Tampa. Application Procedures: Eligible ports may obtain form FSTEDI, "Florida Seaport Transportation and Economic Development Project Application" from the Florida Seaport Transportation and Economic Development Council at the address listed in INFORMATION CONTACT. Project applications may also be accessed online at http://www.flapoils.org/fsted.litm Award Procedures: The Florida Seaport Transportation and Economic Development Council (Council) determines whether a proposed port transportation project is consistent with the approved local government comprehensive plan and port master plan, and whether the project provides an economic benefit and is consistent with the Florida Seaport Mission Plan and the Florida Transportation Plan.The Council reviews and approves or disapproves each project within 120 days of the application deadline. Approved projects are submitted to the Secretaries of Transportation, Community Affairs and the Office of Tourism, Trade and Economic Development (OTTED) for determining consistency with the Florida Transportation Plan and local government comprehensive plans, respectively. Projects to be funded are included in the Department's annual legislative budget request. Deadlines: Applications should be submitted from January 1 to February 15, altlough the Council will accept an application for an emergency project at any time. ITEM NO. . VI-G1 AGENDA REQUEST DATE: 9/4/2012 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Citizen Advisory Task Force (CATF) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Citizen Advisory Task Force members, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM qqq Coordination/Signatures County Attorney OMB Director /v Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Beth Ryder ( ) (a ' Gouin Sop is Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director6i?? FROM: Diana Wesloski, Housing Manager DATE: 9/4/2012 SUBJECT: Citizen Advisory Task Force (CATF) ITEM NO. VI - G1 Background: On March 14, 1995, the Board approved Resolution 95-065 adopting the St. Lucie County Citizen Participation Plan, establishing the Citizen Advisory Task Force (CATF). The CATF will be composed of citizens of the jurisdiction comprised of residents of low and moderate income neighborhoods. The CATF is required to be formed prior to submitting an application to the Florida Department of Economic Opportunity (DEO) for Community Development Block Grant Small Cities Funding. Responsibilities of the CATF include the ranking of housing applicants for participation in the program and addressing citizen complaints about the use of grant funds once a project is funded. The grant application is due to DEO October 1, 2012. The following citizens have agreed to serve on the CATF. • Alethea Bullard • Darrell Drummond • David Hall • Jeffery B. Miller • Aileen M. Pruitt Recommendation Board approval of the Citizen Advisory Task Force members, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Resolution 95-065 Application for Serving on County Boards and Committees (5) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ?- 15 I- 16 17 18 19 20 J 21 22 23 24 25 26 X27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 J Recorded: 05-30-95 12:29 P.M. RESOLUTION: 95-065 A RESOLUTION ADOPTING THE ST. LUCIE COUNTY _ ?- CITIZENS PARTICIPATION PLAN AS PART OF THE APPLICATION FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS WHEREAS, the Hoard of County Commissioners of St. Lucie-County, Florida, has made the following determinations: 1. The Board of County Commissioners of St. Lucie County, Florida, intends to apply for funds from the Florida Department of Community Affairs through the small cities Community Development.Block Grant program. 2. The Board recognizes the need to for there to maximum citizen input in the program planning add project design process for all the Small Cities Community development Block Grant program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The County hereby adopts the St. Lucie County Citizen Participation Plan, attached as Exhibit A, which plan provides the citizens of St. Lucie County a format for providing input into the development of the Small Cities Community-Block Grant program. After motion and second, the vote on this resolution was as follows: Chairman Denny Green Vice-Chairman Ken Sattler Commissioner Gary Charles, Sr. Commissioner Cliff Barnes Commissioner Havert L. Fenn Yard i<1 .9f5 GDS AYE AYE AYE AYE AYE R..clu.icn 95-C65 P.9. l OP-900K 0958 PAGE 0033 ST. LUCIE COUNTY CITIZEN PARTICIPATION PLAN In order to provide citizens with information concerning the Community Dovolopmont Block Grant (CDBG) program, St. Lucia County will take the following actions: - a. Make available to the public, in a reasonable and timely manner, information concerning the amounts of funds available for various activities and the range of activitictm that may be undertaken. b.. Provide citizens with adequate notice' of public hearings, which are to be hold at times and locations convaniant to potential or actual beneficiaries, and . with accommodation for the handicapped. If a significant number of non-English speaking residents could reasonably be expected to attend a public hearing, an interpreter will be provided for the language expected to be represented. c. If any party representing low to moderate income persons requests assistance for developing a proposal for the CDBG# the governing body shall determine the eligibility of the proposed activity. If such activity is eligible for funding, the party's ideas will be discussed at the First Public Hearing in the CDBG application or amendment stage. Information available from the state regarding the application process will be provided to interested parties. d. Hold at least one Public Hearing to obtain the 'views of citizens on community development needs. o. A citizen advisory task force shall be established (compoocd of citizens of the jurisdiction) to provide input relative to all phases of the project process. Residents of low and moderate income neighborhoods shall be included in this task force. The task force members will be appointed by the governing body before the Second Public Hearing on the project. Members may be re-appointed as a standing committee. The task force will meet at its discretion and will offer recommendations as it deems appropriate. _f. Develop and publish a summary of the pcupobed application that will provide citizens with an C opportunity to examine its contentr; and submit their comments. nn EQ0K 09_ .. .c, vv ST. LUCIE COUNTY CITIZENS' PARTICIPATION PLAN page 2 9. nts propriate, citizens S the Consider any comme and nd ifgpp a d , p , the proposed application an proposed application. h'. Hold at least one public Hearing to obtain the views of rior to its n i a p o t citizens on the final applic subminAion to the department. i Hold at least one public Hearing during the grant m . implementation process to review the progra bined with the Public performance. This may be com if any such hearings are dments , Hearing on aman requireds. j. All grievances and complainte,will receive a written racticable. verbal re h p e answer within 15 working days w be remedied immediately will b _ e complaints that cannot documented by the beneficiary (or a designated' b e to representative of St. Lucia County) and omplaints. Complaints treated as all other written c i^ should be addressed: County Administrator St Lucie County 2300 Virginia Ave., Rm. 203 - " Ft. Pierce, FL 34994 or call 462-1400 between the hours of A:no am to 5:00 Pal for an appointment. - Adopted by governing body the 14th day of-larch., 1995• Authorize epresentative RECEIVED BY St. Lucie County AUG 0 3 2012 Board of County Commissioners St. Lucie County Application for Serving on County Boards and Committees Housing & Community Services Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: David Hall 2. Home Phone: Cell Phone: (772)201-9701 Work Phone: (772)3354333 Email: DavidHailRealtor@aol.com 3. Home Address: 2322 SE Midtown Road Port St. Lucie, Florida 34952 - 4. Current Employer/Occupation: Coldwell Banker Residential Real Estate- Broker Associate 5. Business address: 1973 SW Savage Blvd Port St. Lucie, Florida 34953 6. Brief summary of education & work experience: (Please attach resume' if available) Resume Attached 7. Do you currently serve on any city or County committee(s)? If so, please list: No 8. Other current volunteer activities: Big Brother Big Sisters of St. Lucie- Board Member Big Brothers Big Sister of Florida- Board Member New Horizons of the Treasure Coast and Okeechobee- Board Member Lincoln Park Mainstreet- Treasurer 9. Why do you wish to serve on the committee(s) indicated? To be of service to the community and the county in which I live by making sure that their interest are being 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? Yes [ No Are you currently charged with a crime, other than noncriminal traffic infractions? Yes M No Adjudication withheld or prosecution deferred? E]Yes Fe No If yes to any of above, please provide the following information: OFFENSE DATE PLACE (CITY, STATE SENTENCE AND OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature Date r 36 ?) r-, Please identify the committee/board of your choice: ? Affordable Housing Advisory Committee ? Airport Master Plan Technical Advisory Committee ? Board of Adjustments (quasi-judicial) ? Central Florida Foreign Trade Zone, Inc. ? Citizen's Budget Committee ? Code Enforcement Board (quasi-judicial) Community Development Block Grant ? Comprehensive Economic Development Strategy ? Contractors Certification Board ? Early Learning Coalition SLC ? Emergency Medical Services Advisory Council ? Harbor Advisory Committee ? Historical Commission 0 Housing Finance Authority El investment committee 0 Land Acquisition & Selection Committee ? Library Advisory Board ? Planning& Zoning Commission (quasi-judicial) ? Public Safety Coordinating Council ? Parks & Recreation Advisory Board ? Sustainability Advisory Committee ? Tourist Development Council ? Treasure Coast Education& Research Development Authority ? Treasure Coast Health Council, Inc. ? Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucieco.org Staff Use: Received Commission District David Hall P.O. Box 9342 Port St. Lucie, Florida 34985-9342 Da vidHaile&BeIISOuth.net (772)201-9701 Objective To be a vital part of an organization that is improving the quality of life for the client/customer they serve. Education Florida Institute of Technology Environmental Technology (Science) 1980-1983 Professional Experience Coldwell Banker Residential Port St. Lucie. Florida 2003 - Present Broker Associate I have been constantly recognized as an award winning agent, providing real estate services to buyers and sellers in St. Lucie and Martin County Florida. Developed and implement successful marketing strategies to better serve the needs on my clients. Continuously generate repeat and referral business, resulting in exceptional sales results. Magellan Health Services IvEami, Florida February 12, 2007-May 31, 2009 Manager, Child & Family Resiliency Services As Manager of Child & Family Resiliency Services my responsibility was to outreach with caregivers of enrollees in the Child Welfare Prepaid Mental Health Plan (CW-PMHP) about services available to them in the plan. During my educational sessions I teach them techniques on how to work with their child which help them in the stability of the child. I coordinate and develop support groups around . the state to meet with and educate caregivers about the Child Welfare Prepaid Mental Health Plan. I developed a database of support groups and built collaborative agreements with community stakeholders around the state to better serve caregivers and enrollees. I help develop a pilot Kinship Navigator Program in Brevard County to help relative & non relative caregivers access services that are available to them to better assist them in the care of their child. Century 21 Duncan & Associates Port St. Lucie, Florida Broker Associate 1994-2003 I have been constantly recognized as an award winning agent, providing real estate services to buyers and sellers in St. Lucie and Martin County Florida. Developed and implement successful marketing strategies to better serve the needs on my clients. Continuously generate repeat and referral business, resulting in exceptional sales results. Century 21 Colean Realty Port St. Lucie, Florida 1993-1994 Real Estate. Salesperson Assisted in managing company real estate rentals and generating real estate leads to better assist company profit and visibility in the community. Mentored new real estate agents and aggressively sought new business through networking at chamber and other community stakeholders meeting. Scripp Howard Newspaper Stuart, Florida District Sales Manager 1986-1994 Develop and maintain circulation routes in Martin County Florida. Assist and train new and existing adult carriers in customer service and handled customer service complaints. Honors Magellan Health Services Superior Performance 2009 Superior Performance 2008 Realtor Association of St. Lucie Humanitarian of the Year 2005 People Choice Award 1999 Florida Association of Realtor Hometown Hero 2007 Associate Realtor of the Year 2002 St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: JeffreyB Miller 2. Home Phone: n/a Cell Phone: 772-528-6575 Work Phone: 772-220-4343 Email: jbmillergroup@gmail.com 3. Home Address: 2142 SE Wald Street, Port Saint Lucie, FL 34984 4. Current Employer/Occupation: Water Pointe Realty Group/Realtor 5. Business address: 3727 SE Ocean Blvd, Suite 100, Stuart, FL 34996 6. Brief summary of education & work experience: (Please attach resume' if available) AA in General Business from Valencia Community College-2001 2nd Class Petty Officer, Electronics Technician, U.S. Coast Guard-2001-2006 (Honorable Discharge) Full Time Realtor since 2006, Water Pointe Realty Group of Stuart, Inc. Full Time College Student, Currently In Senior Year, Marylhurst University, B.S. in Real Estate Studies. 7. Do you currently serve on any city or County committee(s)? If so, please list: No 8. Other current volunteer activities: None 9. Why do you wish to serve on the committee(s) indicated? Opportunity to learn more about public service committees, housing and grant writing. 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? dyes E No Are you currently charged with a crime, other than noncriminal traffic infractions? DYes ?ONo Adjudication withheld or prosecution deferred? DYes M No If yes to any of a the following information: A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature ae f fnff E. maer 8-8-2012 Date Please identify the committee/board of your choice: ? Affordable Housing Advisory Committee ? Airport Master Plan Technical Advisory Committee ? Board of Adjustments (quasi-judicial) ? Central Florida Foreign Trade Zone, Inc. ? Citizen's Budget Committee ? Code Enforcement Board (quasi-judicial) © Community Development Block Grant ? Comprehensive Economic Development Strategy ? Contractors Certification Board ? Early Learning Coalition SLC ? Emergency Medical Services Advisory Council ? Harbor Advisory Committee ? Historical Commission ?D Housing Finance Authority ? Investment Committee 71 Land Acquisition & Selection Committee ? Library Advisory Board ? Planning & Zoning Commission (quasi-judicial) ? Public Safety Coordinating Council ? Parks & Recreation Advisory Board ? Sustainability Advisory Committee ? Tourist Development Council ? Treasure Coast Education& Research Development Authority ? Treasure Coast Health Council, Inc. ? Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucieco.org Staff Use: Received Commission District Ta: Page 2 013 20'12-08-06 08:06:55 POT From: PrQauc l- OutbQun`J St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: Alethea Bullard 2. Home Phone: 772-201.1402 Cell Phone: same Work Phone: same Email: bullardtk@yahoo.com 3. Home Address: 10300 Orange Ave Ft.Plerce F134945 4. Current Employer/Occupation: self employed I horse trainer 5. Business address: 10300 Orange Ave Ft. Pierce 34945 6. Brief summary of education & work experience: (Please attach resume' if available) High school education, have experience in customer service and management. I have owned and managed my own business for twenty years 7. Do you currently serve on any city or County committee(s)? If so, please list: Equestrian Committee 8. Other current volunteer activities: Board member for FQHA 9. Why do you wish to serve on the committee(s) indicated? To help serve the community 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or To. Pa[,e 3 of 3 20'12-OH-O6 OH: DB:55 POT Ffu m: Pfoductlon Outbountl ,.no contest" to, a crime, whether or not adjudication was withheld? =Ycs ?=No Are you currently charged with a crime, other than noncriminal traffic infractions? =Yes ?? No Adjudication withheld or prosecution deferred? =Yes =No If yes to any of above, please provide the following information: OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that 1 have read the foregoing and the facts as I have stated are true. Signature A(,ofhpa SWa d Date $/6/2012 Please identify the committee/board of your choice: L3 Affordable Housing Advisory Committee ? Housing Finance Authority ? Airport Master Plan Technical Advisory Committee O Investment Committee ? Board of Adjustments (quasi-judicial) ? Land Acquisition & Selection Committee ? Central Florida Foreign Trade Zone, Inc. ? Library Advisory Board ? Citizen's Budget Committee ? Planning & Zoning Commission (quasi-judicial) ? Code Enforcement Board (quasi-judicial) ? Public Safety Coordinating Council 9 Community Development Block Grant ? Parks & Recreation Advisory Board ? Comprehensive Economic Development Strategy ? Sustainability Advisory Committee ? Contractors Certification Board ? Tourist Development Council ? Early Learning Coalition SLC ? Treasureeoast Education&Research oevetopmentAuthoritt ? Emergency Medical Services Advisory Council ? Treasure Coast Health Council, Inc. ? Harbor Advisory Committee ? Value Adjustment Board (quasi-judicial) ? Historical Commission APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucieco.org Staff Use: Received Commission District St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. in addition, service on quasi-judicial boards may require financial disclosure. Please complete the following Information: 1. Name: Aileen M. Pruilt 2, Home Phone: 772-336-2543 Cell Phone: 772.486-2265 Work Phone: 772-293-8113 Email: alleen.prullt@pnc.com 3, Home Address: 3032 SW Collings Dr., Port St. Lucie, Fl- 34963 4. Current Employer/Occupation: PNCBank/Banker 5. Business address: 600 Vlrginla Avenue FortPlerce,FL $4982 6, Brief summary of education & work experience: (Please attach resume' if available) 7. Do you currently serve on any city or County committee(s)? If so, please list: Serve on the Solar Energy Loan Fund Board as Treasurer. - 8. Other current volunteer activities: 9. Why do you wish to serve on the committee(s) indicated? I maybe of assistance with Community Development Issues. 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? ©Yes QNo Are you currently charged with a crime, other than noncriminal traffic Infractions? =Yes [Z]No Adjudication withheld or prosecution deferred? =Yes F-71No if yes to any of above, please )rovide the following information: OFFENSE I DATE PLACE CITY, STATE) I SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature Date Z /Z -awvo6 Please identify the committee/board of your choice: Q Affordable HousingAdvisory Committee ? AirportMaster Plan Technical Advisory Committee ? Board of Adjustments (quasi-judicial) Central Florida Foreign Trade Zone, Inc, ? Citizen's Budget Committee , ? Code Enforcement Board (quasi-judicial) El Community Development Block Grant ? Comprehensive Economic Development Strategy ? Contractors Certification Board ? Early Learning Coalition SLC ? Emergency Medical Services Advisory Council ? Harbor Advisory Committee ? Historical Commission El Housing rinance Authority Investment Committee Land Acquisition &Selection Committee ? Library Advisory Board ? Planning & Zoning Commission (quasi-judicial) ? Public Safety Coordinating Council ? Parks & Recreation Advisory Board ? SustainabllltyAdvisory Committee ? Tourist Development Council ? Treasure Coast Education& Research Development Authorlt} ? Treasure Coast Health Council, Inc. ? Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St, Lucie County Administrator's Office, Missy Stladle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucteco.org Staff Use: Received Commission District PNC Florida Market Manager Community Development Banking 772-293-6113 (office) 772-486-2265 (cell) ail een.pruitt@12nc. corn Aileen M. Pruitt PNC March 2009 - present Florida Market Manager for Community Development Banking Fort Pierce, FL • Business development for affordable housing and tax credit projects throughout Florida. • Execute closings for these projects in low-to-moderate income census tracts. • Execute closings for nonprofits that primarily serve low-to-moderate income individuals. • Manage sponsorship and foundations grants. • Manage financial education programs that service low-to-moderate income individuals. Internal and external advocate for low-to-moderate income individuals April 2007 - Mar 2009 Nationa City Fort Pierce, FL Merged with PNCin N.,,, POe+u1 lag PNC March 2009 Community Development Corporation Executive Director for Community Development Association for Central & NE FL Business development for affordable housing and tax credit projects for ten counties. Execute closings for these projects in very low income census tracts. • Servicing all aspects of closed projects from processing payments and payoffs to collections. • Work closely with CRA officer, to counsel non-profits with existing or proposed programs. June 1997 - April 2007 Fort Pierce, FL Merged with National ;? Harbor City in December 2006 ®F 3d 1 A National City Company Director of Deposit Products Increased income every year through competitive pricing and implementation of new fees. • Successfully responded to municipal deposit pricing proposals and larger commercial deposit relationships, bringing in hundreds of millions of dollars in new deposits. • Managed all deposit product offerings, pricing and delivery channels of existing and discontinued products. Streamlined processes and product offerings resulting in enhanced pricing and profitability of all deposit products, -,vhile growing total deposits by over 109/o every year. • Co-host of a weekly local radio broadcast on banking and community service from 2005-2006. Served as President of Harbor Florida Financial Services and as a member of the bank's ALCO Aileen M. Pruitt June 1997 - 2004 Director of Marketing Harbor Fort Pierce, FL Federal Directed staff that served as an in-house agency, successfully executing plans and strategies to meet the entire bank's marketing, sales and branding goals. Enhanced bank brand and effectiveness through the implementation of personalized marketing materials, message on hold advertising, PowerPoint presentations, marketing pages within the annual report and intranet marketing website containing marketing tools for all colleagues to use. Managed corporate donations and sponsorships, maximizing community and corporate impact. June 1991- June 1997 Port Saint Lucie National Bank Port Saint Lucie, FL Vice President • Senior officer, functioning as the CRA Officer, HR Director, purchasing officer, deposit products manager and marketing in this small community bank. Wrote weeldy newspaper column educating public about banking for two years. • Researched, recommended and implemented personality testing to better match employees with jobs. • Served on ALCO and Executive Committee. Education 1999- 2000 Boulder, CO M ?mex?c?s IOUNFIO UANK ION . Graduate of the American Banker's Association School of Management and Marketing • Following graduation of this two year program, I served on the School's Advisory Board for two years, which determined curriculum for incoming classes. • Earned the designation of Certified Financial Marketing professional by the Institute of Certified Bankers. 1979 -1982 U F I FUNIVERSITY of LORIDA Gainesville, FL BSBA Graduate from the University of Florida, College of Business Administration • Majored in Marketing. Current Active Community Service • Board Member for Florida's Community Development Association. • Volunteer for American Cancer Society, Susan G. Komen Foundation and Pink Tie Friends serving as keynote speaker or emcee for these organizations as needed (2 time survivor). Additional Information • Bi-lingual - Born in Puerto Rico. Proficient in Spanish. • St. Lucie County resident since July 1976. St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: Derrell J. Drummond 2. Home Phone: 772-465-6951 Cell Phone: 772-216-1517 Work Phone: 772-336.8609 Email: ddrummond@roasl.com 3. Home Address: 15i1 N. 15th Street FartPierce, FL 34950 4. Current Employer/Occupation: councti On Aging of St Lucie, inc. 5. Business address: 2501 SW Bayshore, BLVD, Port St Lucle, F€.. 34984 6. Brief summary of education & work experience: (Please attach resume' if available) Resume Attached 7. Do you currently serve on any city or County committee(s)? If so, please list: Treasure roast community Action Agency (TCCA) - Fort Pierce Utilities Authority 8. Other current volunteer activities: 9. Why do you wish to serve on the committee(s) indicated? I enjoy partiolpating In groups which Impact the quality of lire of my.community. - 10. Except for noncriminial traffic infractions; have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? =Yes []? No Are you currently charged with a crime, other than noncriminal traffic infractions? =Yes M No Adjudication withheld or prosecution deferred? =Yes [ No If yes to any of above, please provide the following information: OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that hie re d the foregoing and the facts as I have stated are true. Sign r - Date 2 3 1 ?L Please identify he committee/board of your choice: ? Affordable Housing Advisory Committee ? Airport Master Plan Technical Advisory Committee ? Board of Adjustments (quasi-judicial) ? Central Florida Foreign Trade Zone, Inc. ? Citizen's Budget Committee ? Code Enforcement Board (quasi-judicial) ? Community Development Block Grant ? Comprehensive Economic Development Strategy ? Contractors Certification Board ? Early Learning Coalition SLC ? Emergency Medical Services Advisory Council ? Harbor Advisory Committee ? Historical Commission ? Housing Finance Authority ? Investment Committee 0 Land Acquisition & Selection Committee ? Library Advisory Board ? Planning &Zoning Commission (quasi-judicial) ? Public Safety Coordinating Council ? Parks & Recreation Advisory Board ? Sustainability Advisory Committee ? Tourist Development Council ? Treasure Coast Education& Research oeveloprn ntAuthoriq ? Treasure Coast Health Council, Inc. ? Value Adjustment Board (quasi-judicial) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submitto: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Stiadlem@Stlucieco.org Staff Use: Received Commission District RESUME Darrell Javan Drummond P. O. Box 1435 Fort Pierce, Florida 34954 (772)-465-6981 1999 - Present; President/CEO, Council on Aging of St. Lucie, Inc. Oversee the daily operations of County's Elder Services. Direct the transportation operations of County's public transportation system. Oversee the activities of 120 full time staff. Develop and implement under the direction of agency's Board of Directors an $8 million annual budget. 1998 -1999; Transit Director, Council on Aging of St. Lucie, Inc. Direct the daily operation as the County's public transportation provider. Oversee the develop- ment and implementation of $ 3 million annual budget. Oversee the operations of 35 paid staff. 1998 -1998; Assistant Transit Director, Council on Aging of St. Lucie, Inc. Assist in daily operation of County's public transportation provider. Assist in the development and implementation of $ 3 million annual budget. Oversee the operations of 35 paid staff. Assist Transit Director in overall operations. 1995 -1998; Community Resource Director, Council on Aging of St. Lucie, Inc. Director of Information and Outreach for the organization; responsible for maintaining all re- sources used for information and referrals for County's elderly population. 1995 - 1996; Project Liaison, Port St. Lucie Senior Campus Provide coordination and oversight with all contractors for construction of $1.5 million dollar fa- cility for Council on Aging of St. Lucie; Inc. 1990 -1995; Principal, Broker Darrell Drummond Real Estate, Inc. President and Chief Executive Officer for Darrell Drummond Real Estate, Inc.; a real estate company specializing in land acquisition for Drummond Development Corporation and sale of Drummond Development projects. In addition, listed and sold residential and commercial prop- erties in the tri-county area within the retail real estate community. 1988 -1990; Fee Appraiser; Callaway and Price, Inc. Fee appraiser for Callaway & Price organization, performing all forms of appraising from resi- dential to commercial, as well as, feasibility studies for fee clients. 1985 - 1988; Principal, Drummond Development Corporation President and Chief Financial Officer of Drummond Development Corporation; a development company specializing in commercial and residential developments, with emphasis on land acqui- sition and single family home construction. 1982 -1985; City Planner; City of Fort Pierce, Florida Chief planner for the City of Fort Pierce, in charge of review of development in the city and the development of standards for future controls of city's growth. Supervised staff and coordination with Planning Board for all projects forwarded to City Commission. 1979 - 1982; Architectural Draftsman; Drummond Construction Provided construction drawings for residential and commercial developments on a fee basis for construction projects throughout the Treasure Coast area. Elected Positions Held 1988 - 1996; City Commissioner; City of Fort Pierce Organizational Affiliations Board of Directors 2002 - Present - Fort Pierce Utilities Authority 1999 - 2006 - Florida Coalition of CCE Lead Agencies 2002 - 2006; 2011- Present - Florida Association of Service Providers 2002 - 2006; 2011- Present - Florida Council on Aging 2000 - 2003 - Big Brothers/Big Sister 1988 - Present - St. Lucie County Transportation Planning Organization 1993 - 1995 - Saint Lucie County Council on Aging 1982 - 1986 - Indian River Community Mental Health, Inc. 1984 - 1988 - Saint Lucie County Humane Society 1984 - 1992 - Saint Lucie County Chamber of Commerce 1990 - 1991 - Saint Lucie County Education Foundation 1989 - 1990 - Saint Lucie County Economic Development Council 1989 - 1990 - Fort Pierce Mustard Seed Ministries Advisory Boards 2005 - Present - St. Lucie County CDBG Advisory Board 2004-2006 - Committee for a Sustainable Treasure Coast - Governor Appointment 2001 - Present - Florida House Committee on Elder Reform 1983 - 1986 - Saint Lucie County Human Resources Board 1986 - 1988 - City of Fort Pierce Code Enforcement Board 1988 - 1990 - Saint Lucie County United Way; Trustee 1990 - 1991 - Saint Lucie County Junior Achievement Board 1988 - 1991 - Saint Lucie County Chapter, Salvation Army 1989 - 1995 - Palmer Expressway Authority 1989 - 1993 - Florida League of Cities Environmental Review Committee 1989 - 1990 - District IX Health and Rehabilitative Services Board 1988 - 1993 - Saint Lucie County Airport/Seaport Board Membership 1995 Present - Florida Council On Aging 2000 - Present - Florida CCE Coalition 1980 - Present - Saint Lucie County Branch of N.A.A.C.P. 1985 - 1988 - Fort Pierce/Port Saint Lucie Board of Realtors Offices Held 2004 - 2006 - President, Florida CCE Coalition 2004, 2008, & Present - Chairman, Fort Pierce Utilities Authority 1986 - 1988 - Chairman, Saint Lucie County Leadership Council 1988 - 1989 - President, Saint Lucie County Chamber of Commerce, hie. 1993 - 1995 - Fort Pierce/Saint Lucie County Fire Board 2003, Present - Chairman, St. Lucie County Transportation Planning Organization Awards National Leadership Organization Distinguished Leadership Award Saint Lucie County of the NAACP Outstanding Government Award Saint Lucie County Chapter of Florida Jaycees Outstanding Government Award Saint Lucie County Chamber of Commerce President's Award Educational Background 1976 - Graduate, Bartow Senior High School 1979 - Graduate, University of Florida, Bachelor of Science, Marketing Personal Data Place of Birth; Tallahassee, Florida Wife; Nadine Virginia Children; 2 sons; Chris Benjamin, Jr. and Kelvan Anthony Drummond Church Affiliation; Saint Paul African Methodist Episcopal Church, Fort Pierce ITEM NO. VI-G2 DATE: 9/412012 AGENDA REQUEST REGULAR ( ), PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: \ Diana Wesloski L SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Neighborhood Stabilization Program 1 (NSP1) Invitation to Bid # 24 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-5420-549605-500 NSP1 PREVIOUS ACTION: March 10, 2009 - Permission to apply for NSP1 grant. August 11, 2009-Acceptance of NSP1 grant. December 6, 2011 -Award of RFQ No. 11-044 Construction Contractor Pre-Qualification RECOMMENDATION: Board approval to enter into a contract with Black Street Enterprises, LLC for the rehabilitation of 5414 Winter Garden Parkway under the St. Lucie County NSP1 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) /? OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Purchasing Beth Ryder i ?C Marie N uin Sophia-Molt [Jesiree imino Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director "OrX FROM: Diana Wesloski, Housing Manager DATE: September 4, 2012 SUBJECT: Neighborhood Stabilization Program 1 (NSP1) Invitation to Bid #24 ITEM NO. VI-G2 Background: The NSP 1 program was authorized by the Housing and Economic Recovery Act of 2008. The NSP1 funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighborhoods. St. Lucie County's allocation is $3,984,601. On July 26, 2012 staff held a mandatory pre-bid meeting with the contractors on the NSP1 rotating list. Bids were received on August 10, 2012. Staff is recommending award of the project to the following qualified lowest responsive responsible bidder: Black Street Enterprises LLC, in the amount of $48,765. (ITB #24) All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy-rated appliances. Davis Bacon is not triggered for this project. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with NSP 1. Recommendation: Board approval to enter into a contract with Black Street Enterprises, LLC for the rehabilitation of 5414 Winter Garden Parkway under the St. Lucie County NSP1 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Neighborhood Stabilization Program #1 Bid Opening August 10, 2012 Bid Tab Contractor Bid #24- 5414 Winter Garden Pkwy., Ft. Pierce, FL Black Street Enterprises, LLC $48,765 Port St. Lucie, FL Gentile, LLC $51,310 Ft Pierce, FL M.W. Patrick, Jr. $52,203 Ft. Pierce, FL One Construction Services, Corp $51,545 Ft. Pierce, FL ITEM NO. VI-G3 AGENDA REQUEST DATE: 9/412012 REGULAR ( )_ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Neighborhood Stabilization Program 3 (NSP3) Invitation to Bid #21, #22, #23 . BACKGROUND: See attached memorandum. FUNDS AVAILABLE: . 001538-5420-549605-500 NSP3 PREVIOUS ACTION: March 22, 2011 - Acceptance of NSP3 grant. December 6, 2011 - Award of RFQ No. 11-036 Construction Contractor Pre- Qualification. RECOMMENDATION: Board approval to enter into a contract with One Construction for a demolish/rehab project, and Black Street Enterprises LLC, for two rehabilitation projects under the St. Lucie County NSP3 grant, 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 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) /1 OMB Director ( ) ??? Budget Analyst Daniel S. McIntyre o{Marie? QQuin sophi dolt Originating Dept. ( ) / Purchasing Beth Ryder Desiree Cimino Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director ??41 FROM: Diana Wesloski, Housing Manager b ° " DATE: September 4, 2012 SUBJECT: Neighborhood Stabilization Program 3 (NSP3) Invitation to Bid #21, #22, #23 ITEM NO. VI-G3 Background: St. Lucie County was awarded $1,947,657 in NSP3 funding, which is being used to purchase and rehabilitate homes within the targeted areas of Lakewood Park, River Park, and Indian River Estates. On July 26, 2012 staff held a mandatory pre-bid meeting with the contractors on the NSP3 rotating list. Bids were received on August 10, 2012. Staff is recommending award of the following projects to the qualified lowest. responsive responsible. bidders: • One Construction Services, Pt. St. Lucie, in the amount of $99,800 for a demolish/rebuild at 7103 Paso Robles Blvd. (ITB#21) • Black Street Enterprises LLC, Pt. St. Lucie, (two projects) in the amount of $46,265 for rehabilitation at 5604 Killarney Ave., and 7905 Ft. Walton Ave, in the amount of $45,015 for rehabilitation. (ITB # 22, #23) All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy-rated appliances. Davis Bacon is not triggered for this project. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with NSP 3. Recommendation: Board approval to enter into a contract with One Construction for a demolish/rehab project, and Black Street Enterprises LLC, for two rehabilitation projects under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Neighborhood Stabilization Program #3 Bid Opening August 10, 2012 Bid Tab Contractor Black Street Enterprises, LLC Port St. Lucie, FL Gentile, LLC Ft Pierce, FL Grande Construction Port St. Lucie, FL M.W. Patrick, Jr. Ft. Pierce, FL One Construction Ser. Corp. Port St. Lucie, FL Sand Dollar Development Port St. Lucie, FL Bid #21- 7103 Paso Robles Blvd., Ft. Pierce, FL $101,899 $103,680 Bid #22- 7902 Ft. Walton Ave., Ft. Pierce, FL $45,015 Bid #23 5604 Killarney Ave., Ft. Pierce, FL $46,265 $118,000 $47,740 $51,365 $50,200 $99,800 $46,841 $48,900 $125,650 $51,870 ITEM NO. VI-G4 DATE:09/04/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Jacob SUBMITTED BY: Housing and Community Services/Library Library Manager SUBJECT: State Aid to Libraries Grant and Annual Services Plans BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 105-7115-334711-700 Library Special Account - State Aid to Libraries PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit the annual State Aid to Libraries Grant and approval of the Library's required Annual Service Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA, County Administrator, ICMA-CM Coordination/Siunatu res County Attorney ( ) L OMB Director ( ) Daniel S. McIntyre Budget Analyst M rie Gouin Sophia Holt Originating Dept. ( ) ?/ Beth Ryder Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director of!ft FROM: Susan Jacob, Library Manager DATE: September 4, 2012 SUBJECT: State Aid to Libraries Grant and Annual Services Plans ITEM NO. VI-G4 Background: St. Lucie County has been the recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county or municipal libraries throughout the state. With each year's application, Libraries are required to include an Annual Plan of Service approved by the Library's governing body. The amount of each Library's annual award fluctuates and is based on the previous fiscal year's actual budget. Currently, the State Library will provide $.03 per every dollar that the County spends on library service. In FY12, the Library was awarded $91,624. The award for FY13 is estimated by the State Library to be $89,881. These funds have been set aside to partially fulfill our annual financial commitment for services at the joint-use St. Lucie West Library. The funds received from this grant can only be used for operating expenses. These funds have been projected in the Library's FY13 budget. Recommendation: Board approval to submit the annual State Aid to Libraries Grant and approval of the Library's required Annual Service Plan; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant Application Annual Service Plan Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (GRANTEE) St. Lucie County (Name of library governing body) Governing body for St. Lucie County Library System (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Section 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Division, as administrator of state funds provided under Section 257, Florida Statutes, has approved an application for State Aid to Libraries Grant funds submitted by the GRANTEE. By reference, the application is hereby made a part of this agreement. The parties agree as follows: 1. The GRANTEE agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. b. Expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated, c. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. d. Retain and make available to the DIVISION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. e. Retain all records for a period of five years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five year period, whichever is later. f. Establish and maintain a proper accounting system in accordance with generally accepted accounting procedures. To use and maintain adequate fiscal authority, control, and accounting procedures that will ensure proper disbursement of, and accounting for, project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable laws and regulations of the State of Florida. Page 1 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 h. Not use any grant funds for lobbying the legislature, the judicial branch, or any state agency. i. The GRANTEE hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The GRANTEE further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statutes. j. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. k. In the event that the grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such GRANTEE, the grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the GRANTEE shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. In connection with the audit requirements addressed in part j, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the GRANTEE expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at https:Happs.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the GRANTEE directly to each of the following: Page 2 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.01 1(2)(a), Florida Administrative Code, Effective 4-10-2012 1. The Department of State at the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 S. Bronough Street Tallahassee, Florida 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 1. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees: a. To provide a grant in accordance with the terms of this agreement in consideration of the GRANTEE's performance hereinunder, and contingent upon funding by the Legislature. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. To notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. c. To distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. d. That any balance of unobligated cash that has been paid to the grantee may be retained for direct program costs in a subsequent period. III. The GRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms Page 3 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 and conditions of this agreement. If any matter arising out of this Agreement becomes the subject of litigation, venue shall be in Leon County. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by GRANTEE shall be determined by the DIVISION, based on the terms and conditions imposed on the GRANTEE in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by GRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to notification of termination, if equitable. f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or received in regard to this agreement that are subject to the provisions of Chapter 119, Florida Statutes. GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it receives a public records request related to this agreement or the grant the it awards. g. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. h. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants, or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act, or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. i. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. j. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for Page 4 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 services and commodities, provided that such subcontract has been approved by the DIVISION, such approval not to be unreasonably withheld, and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. 1. The GRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits, and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. in. The GRANTEE shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the GRANTEE's obligations, the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the'rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. n. This agreement shall bind the successors, assigns, and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. o. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in accordance with Section 257.21, Florida Statutes. p. If the GRANTEE is in noncompliance with any term(s) of this grant agreement or any other grant agreement with any Division of Library and Information Services, the Division of Historical Resources or the Division of Cultural Affairs, the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement, including but not limited to failure to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. Page 5 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 q. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the GRANTEE, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Chris Dzadovsky, Chair Typed Name Date Clerk or Chief Financial Officer Joseph E. Smith, Clerk Typed Name and Title of Official Date THE DIVISION Florida Department of State Division of Library and Information Services Typed Name Date Division Witness Division Witness Page 6 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 The St. Lucie County Library System A Service Plan For 2013 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATENIENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 1: We advance knowledge by providing free and open access to materials and information that reflect St. Lucie County's global perspective. OBJECTIVE: # 1 1 Provide tools, resources, and great environments for study, research, and recreation. 2013 TASK 1 Purchase a core e-book collection; assess and adjust X collection. TASK 2 Review and update Collection Development policy. X TASK 3 Weed branch collections. X TASK 4 Evaluate and plan reallocation of resource space at each site. X TASK 5 Shift Branch collections to make optimum use of space. TASK 6 Expand Spanish language collection. X TASK 7 Purchase literacy tools for Haitian Creole speakers. X TASK 8 Write a Branch specific financial allocation plan for material funds. 2014 X. X X' 08/2012 1 ST. LUCIE COUNTY LIBRARY SERVICE PLAN -2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 1: We advance knowledge by providing free and open access to materials and information that reflect St. Lucie County's global perspective. OBJECTIVE: 4 2 Identify and utilize resources that enhance staff areas of expertise. TASK 1 Maintain currency of the Professional Collection. TASK 2 Require staff participation in 2 relevant webinars per year. TASK 3 Develop flashcard system of basic library relevant terms in Spanish/English with basic library instructions. TASK 4 TASK 5 TASK 6 Develop and implement in-house mini trainings for public service staff in cultural sensitivity. Update Library personnel manual. Organize and hold a staff in-service training day 2013 X X X X X X 2014 X X ? X `II 8/zo12: J 2 ST. LUCIE COUNTY LIBRARY SERVICE PLAN -2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 1: We advance knowledge by providing free and open access to materials and information that reflect St. Lucie County's global perspective. OBJECTIVE: # 3 Connect with organizations whose materials and resources complement our own. 2013 f TASK 1 Continue to provide interlibrary loan service. X TASK 2 Continue our partnership with Indian River State College in X a joint use library at St Lucie West. TASK 3 Pursue reciprocal library card arrangements with Martin and X Indian River County. TASK 4 Build additional partnerships with local literacy groups. X TASK 5 Continue to participate in state-wide Ask a Librarian x service. 3 2014 ST. LUCIE COUNTY LIBRARY SERVICE PLAN -2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning,1 and strengthen our community. GOAL 1: We advance knowledge by providing free and open access to materials and information that reflect St. Lucie County's global perspective. OBJECTIVE: # 4 1 Build tools that allow us to connect with the world of information. 4 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 1: We advance knowledge by providing free and open access to materials and information that reflect St. Lucie County's global perspective. OBJECTIVE: # 5 I Increase functionality and usage of the Library's website 2013 2014 TASK 1 Assess existing Library website pages for relevancy and X ease of use. Make changes as appropriate. TASK 2 Develop a teen page on the website; assess and adjust. X . TASK 3 Develop and provide additional staff training in use of the X X Library's website. TASK 4 Develop and provide public training in the use of the X X Library's website. TASK 5 ? Develop a series of website pathfinders for the public. ? X X TASK 6 Survey the community to gauge effectiveness of the changes X. to the Library's website 8/21012 5 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 2: We inspire lifelong learning by creating more able learners and researchers. OBJECTIVE: # 1 Teach learning and information navigation skills 2013 2014 TASK 1 Identify alternative possibilities for the restoration of public x computer skills classes and restore if possible. TASK 2 pursue community partnership arrangements to develop X a cadre of volunteer computer instructors. TASK 3 Identify available staff hours to be used as instructional x hours and use them. TASK 4 partner with SLW Library instructional staff to better train x X our staff to teach computer skills. TASK 5 Increase staff capabilities in electronic resources. X X TASK 6 Research & pursue grant possibilities for computer related x training. 6 ST. LUCIE COUNTY LIBRARY SERVICE PLAN -2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 2: We inspire lifelong learning by creating more able learners and researchers. OBJECTIVE: # 2 I Inspire interest, expand horizons, and enrich perspectives. 2013 TASK 1 1 Evaluate and promote the Book-Club-In-a-Box program. X TASK 2 Evaluate, plan, and experiment with YA- targeted library X services. TASK 3 Search and apply for grants to fund author & artist series. X TASK 4 Expand programs to this County's growing Hispanic X population. TASK 5 Maintain Summer Reading Programs at Fort Pierce, X Momingside, Lakewood Park and Hurston Branches. TASK 6 Nurture mutually beneficial relationships with local writers X and artists. TASK 7 Meet summer reading needs of local school children. X 2014 X .; X 7 ST. LUCIE COUNTY LIBRARY SERVICE PLAN -2013 NHS SION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 2: We inspire lifelong learning by creating more able learners and researchers. OBJECTIVE: # 3 I Provide relevant Reference Services. 2013 2014 TASK 1 Assess type and quality of existing reference service. X TASK 2 Develop relevant reference priority and collection X development policy. TASK 3 Purchase appropriate updates. X X. TASK 4 Weed all Branch Reference Collections. X TASK 5 Assess online database expenditures for frequency of use X X, i and relevancy to our constituency. TASK 6 Explore partnership opportunities with Community Services X Division to provide assistance in navigating e-government resources. 08/2012 ;. 8 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 2: We inspire lifelong learning by creating more able learners and researchers. OBJECTIVE: # 4 Optimize staff and system efficiency. 2013 2014 TASK 1 Evaluate feasibility of a consolidated Reference and Public X Services section (Fort Pierce Branch). TASK 2 (Based on findings), implement the consolidation. TASK 3 Expand cross training opportunities for all Library System X X staff. TASK 4 Research new developments in circulation and cataloging X X software. TASK 5 Implement methods to expedite in-house cataloging. X X TASK 6 Streamline materials selection process. X X. TASK 7 Identify funds to support the implementation of these X X_ system upgrades. 1120112 9 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 3: We strengthen our communities by promoting a literate and engaged citizenry. OBJECTIVE: # I TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 TASK 6 10 Provide dynamic resources to help patrons understand and engage in society. Acquire and install additional public computers using latest connectivity. Investigate possibility of the restoration of the Morningside Computer Lab. Based on findings, open and operate said Computer Lab. Explore additional community partnership opportunities to underwrite databases relevant to their membership. Develop a volunteer-based outreach program to do library card drives and basic library literacy in K-3 classes. 2013 2014 X X X X X X , X' Investigate feasibility of placing a book vending machine(s) X in locations formerly served by the bookmobile, including Darwin Sq. & Hutchinson Island. sizatz . ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. J GOAL 3: We strengthen our communities by promoting a literate and engaged citizenry. OBJECTIVE: # 2 I Bring our diverse community together. 2013 2014 TASK 1 Plan and develop a 5-year plan for the Library System to X X cover years 2015-2020. TASK 2 1 Invite the Community to participate in the planning process. X TASK 3 Encourage staff to acquire basic Spanish skills. X X TASK 4 Expand the Bi-Lingual children's story programs. X X TASK 5 Recruit additional Community Partners to provide needed X X services. TASK 6 Develop pathfinders to connect patrons to high-interest X X materials. TASK 7 Develop system-wide standards for adult library programs. X TASK 8 Hire a Program Coordinator (part time) (as funding allows). X 11 8/2012 ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 3: We strengthen our communities by promoting a literate and engaged citizenry. OBJECTIVE: # 3 Create and manage safe and reliable places where we and our patrons can enjoy, honor, celebrate, and engage with our communities. TASK 1 Continue to manage the current facilities, resources, and space in the best possible manner. TASK 2 Lobby Board to increase Library service hours. TASK 3 Identify areas of the County most in need of new library space. TASK 4 Lobby Board for direction to identify and purchase possible land parcel(s) for Branch Library development. I TASK 5 Design new branch. TASK 6 I Reassess the proposed expansion of Morningside Branch. I TASK 7 plan and implement an increase in fees on allowable library services. TASK 8 Explore possibilities of new sources of library revenues, I including collection agency for late materials. TASK 9 C Explore options to expand hours at Hurston Branch I 12 2013 2014 X X X X X X X ST. LUCIE COUNTY LIBRARY SERVICE PLAN - 2013 MISSION STATEMENT: The St. Lucie County Library System will advance knowledge, inspire lifelong learning, and strengthen our community. GOAL 3: We strengthen our communities by promoting a literate and engaged citizenry. OBJECTIVE: # 4 I Promote awareness and support for libraries in the county. 2013 TASK 1 Increase coverage by media of library events and X' activities. TASK 2 Market library services and programs in the County's X schools. TASK 3 Develop a plan to collect and retroactively input active patron email addresses. TASK 3 Encourage Friends of the Library to expand scope of X activities. TASK 4 Market programs to ensure that members of the community X are aware of Library resources. TASK 5 Create a mechanism to obtain input from schools and X the business community on needed resources. TASK 6 Formulate a list of priority Library needs that might be addressed with funds from the Friends of the Library. TASK 7 Participate in pertinent state/local planning for the X future of public libraries within the state of Florida. 13 2014 X X 8/2012 AGENDA REQUEST ITEM NO. VI-H DATE: September 4, 2012 REGULAR[] PUBLIC HEARING[ ] CONSENT[X] TO: SUBMITTED BY: SUBJECT: Board of County Commissioners Supervisor of Elections Indemnification Agreements - Precinct Numbers 6, 7, 8, 9, 10, 11, 13, 14, 15, 23, 24, 25, 26, 28, 31, 33, 35, 40, 41, 42, 43, 52, 56, 66, 73, 85, 90, 91, 92, 93, 94 RECOMMENDATION: Supervisor of Elections recommends that the Board approve the Indemnification agreement between the County and the above listed Precincts and authorize the Chairman to sign the Agreements. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER CONCURRENCE: Faye Outlaw County Administrator Review and Approvals c. County Attorney: L` J Originating Dept Management & Budget: Other: Purchasing: Other: Finance: Effective: 8/12 INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Orange Blossom Business Center at 4132 Okeechobee Rd, Fort Pierce, FL 34947 as an official polling place for Precinct No. 6, 28, 91 & 92, and Orange Blossom Business Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Orange Blossom Business Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: , 2012. DEPUTY CLERIC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ]APrecinct hifonnation\Indemnification Agreement2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Havert L. Fenn Center at 2000 Virginia Avenue, Fort Pierce, FL 34950 as an official polling place for Precinct No. 7, 13 & 19, and Havert L. Fenn Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Havert L. Fenn Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 12012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY I Trecinct InformationUndemnification Agreement 20061NDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Midway Road Church of Christ at 3040 W Midway Rd, Fort Pierce, FL 34981 as an official polling place for Precinct No. 8, and Midway Road Church of Christ at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Midway Road Church of Christ at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APrecinct InformationVndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use National Navy Seal Museum at 3300 N AIA Fort Pierce, FL 34949 as an official polling place for Precinct No. 9, and National Navy Seal Museum at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless National Navy Seal Museum at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 12012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY l:\Precinct Information\Indemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use American Legion Hall at 810 S US Hwy I Fort Pierce, FL 34950 as an official polling place for Precinct No. 10, and River Walk Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless River Walk Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY LPrecinct InformationUndemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doe INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Walton Road Baptist Church at 2001 SE Walton Rd, Port Saint Lucie, FL 34952 as an official polling place for Precinct No. 11, and Walton Road Baptist Church at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Walton Road Baptist Church at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: 12012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY IAPrecinct Information\Gidemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Holiday out at 10820 S Ocean Dr, Jensen Beach, FL 34957 as an official polling place for Precinct No.1 5, and Holiday Out at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Holiday Out at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 12012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APrecinct InfomationUndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doe INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use St Andrews Lutheran Church at 295 NW Prima Vista Blvd, Port St Lucie, FL 34983 as an official polling place for Precinct No. 23 & 75, and St Andrews Lutheran Church at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless St Andrews Lutheran Church at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: , 2012. DEPUTY CLERIC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APrecinct InformationUndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Miracle Prayer Temple at 3215 Avenue Q, Fort Pierce, FL 34947 as an official polling place for Precinct No. 14&24, and Miracle Prayer Temple at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Miracle Prayer Temple at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chanter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 19Precinct InformationUndemnification Agreement 2006UNDEMNIPICATION AGREEMENT.doe INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Days Inn at 3224 S US Hwyl, Fort Pierce, FL 34947 as an official polling place for Precinct No. 25, and Days Inn at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Days Inn at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this , 2012. ATTEST: DEPUTY CLERIC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CHAIRMAN day of. APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APrecinct InformatioOndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use PSL Community Center at 2195 SE Airoso Blvd, Port Saint Lucie, FL 34984 as an official polling place for Precinct No. 26, and PSL Community Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless PSL Community Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY IAPrecinct InformationUndemnification Agreement 2006UNDEMNIPICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Spanish Lakes Fairways at 6200 Nuevo Lagos, Fort Pierce, FL 34951 as an official polling place for Precinct No. 31 & 94, and Spanish Lakes Fairways at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Spanish Lakes Fairways at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY C\Precinct Informationaldemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Golden Ponds Recreation Center at 1800 Golden Ponds Dr, Fort Pierce, FL 34945 as an official polling place for Precinct No. 33 & 93, and Golden Ponds Recreation Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Golden Ponds Recreation Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of '2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APreclnet InfonnationUndemnification Asreement 20MINDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use F.U.M.C. Outreach Center at 200 SW Prima Vista Blvd, Port Saint Lucie, FL 34983 as an official polling place for Precinct No. 35 & 56, and F.U.M.C. Outreach Center at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless F.U.M.C. Outreach Center at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 2012. DEPUTY CLERIC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY LTrecinct Information\1ndemnification Agreement 2006\1NDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Church of God at 3212 Oleander Ave, Fort Pierce, FL 34982 as an official polling place for Precinct No. 40 and Church of God at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Church of God at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 12012. DEPUTY CLERIC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIltMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1APrecincl InformationUndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Knights of Columbus Hall at 451 SW Ravenswood Lane, Port Saint Lucie, FL 34983 as an official polling place for Precinct No. 41, and Knights of Columbus at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Knights of Columbus at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERIC APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY L\Precinct Infonnation\Indemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use First Congregational Church at 2401 SE Sidonia St, Port Saint Lucie, FL 34952 as an official polling place for Precinct No. 42 & 90, and First Congregational Church at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless First Congregational Church at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY I Trecinct InformationUndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doe INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use The Island Club at P.G.A. at 9200 One Putt Pl, Port Saint Lucie, FL 34986 as an official polling place for Precinct No. 43, and The Island Club at P.G.A. at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless The Island Club at P.G.A. at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: , 2012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY LTrecinct Information\Indemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Lakewood Park United Methodist Church at 5405 Turnpike Feeder Rd, Fort Pierce, FL 34951 as an official polling place for Precinct No. 52, and Lakewood Park United Methodist Church at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Lakewood Park United Methodist. Church at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1:\Precinct Information\Indemnification Agreement 2006\INDEMNIFICATION AGREEMENT.doe INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Fire Station 413 at 201 SE Becker Rd, Port St. Lucie, FL 34984 as an official polling place for Precinct No. 66, and Fire Station 413 at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Fire Station #13 at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of 12012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY DPrecinct InfomationVndemnification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use Harbor Place at 3700 SE Jennings Rd, Port Saint Lucie, FL 34952 as an official polling place for Precinct No. 73, and Harbor Place at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless Harbor Place at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this ATTEST: 12012. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN day of APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY LTrecinct Information\Lrdenmification Agreement 2006UNDEMNIFICATION AGREEMENT.doc INDEMNIFICATION AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County desire to use IRSC Schreiber Conference Center at 500 NW California Blvd, Port Saint Lucie, FL 34986 as an official polling place for Precinct No. 85, and IRSC at St. Lucie, the owner of said property, is agreeable to such use of its property provided the County will hold it harmless from any claims for damages or injuries arising from the use of said property for said purpose. NOW THEREFORE, for and in consideration of the use of said property for the above purpose, the County agrees to indemnify and hold harmless IRSC at St. Lucie, the owner of said property, from any claims, suits or actions for damages or injuries resulting from such use of said property. The County specifically makes this indemnification subject to the waiver of sovereign immunity limits set forth in Chapter 768, Florida Statutes and as may be amended from time to time. IN WITNESS WHEREOF this agreement has been executed this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIl2MAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY LAPrecinct InformationUndemnification Agreement 2006VNDEMNIFICATION AGREEMENT.doe AGENDA REQUEST ITEM NO. v I-A DATE: September 4, 2012 REGULAR[ I PUBLIC HEARING[ x ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Request for an Order pursuant to Article 11, Chapter2-Sof theSt. Lucie CountyCode of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 4955 South Indian River Drive, Fort Pierce, FI BACKGROUND: See attached memorandum CA 12-0739 FUNDS AVAILABLE: Other Contractual Services, Acct. No. 102-2415-534000-200 PREVIOUS ACTION: After inspection, the Building Official declared the structures unsafe and a public nuisance on November 7, 2011. On March 6, 2012, the Board of County Commissioners declared the building to be unsafe and constitutes a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety hazard. To date no permits have been applied for to bring this structure up to code. All interested parties were notified that a Public Hearing would be held to determine what further action should be taken which may include an order to demolish the structure and place a lien on the property. Notice was also placed in the St. Lucie News Tribune for four consecutive weeks beginning July 6, 2012. RECOMMENDATION CONCLUSION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. COMMISSION ACTION: [) APPROVED [) DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X) County Attorney: [X) Planning & Development Services Director 4r Daniel S. McIntyre Mark Satterlee INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0739 DATE: September 4, 2012 SUBJECT: Request for an Order pursuant to Article 11,Chapter2-5 of the St.LucieCounty Code of Ordinances and Compiled Laws, to repair or demolish the Unsafe Structures at 4955 S. Indian River Drive, Fort Pierce. BACKGROUND: Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, the buildings located at 4955 S. Indian River Drive, Fort Pierce, Florida were inspected on November 7, 2011; where it was determined to be unsafe and to constitute a public nuisance. Please see photographs and copy of the Building Official Report attached describing the condition of the building. RECOMMENDATION/CONCLUSION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. Respectfully submitted, LI-- KB/cb Katherine Barbieri Encl. Assistant County Attorney I.NCOH Dr *\AzendeMeM0-X"95551RD.Wpd BUILDING OFFICIAL REPORT DATE: 11/712011 ADDRESS: 4955 S. Indian River Drive The building and all other dwellings/garages/sheds at the above referenced address has been significantly damaged by Weather, Elements, and lack of upkeep. It is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist include : Roof Damage, Interior Damage and Rotting Wood, Damage to the Plumbing and Electrical Systems. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building and out buildings located at 4955 S. Indian River Drive is determined to be N AFE.This property must be brought into compliance by removing all structures and debris within 30 days or this property will be brought to the Board of County Commissioners for Condemnation consideration. You can call to discuss this matter, I can be reached at (172)462-1553, Thank you for you time. .i " Ken Arnold Building Supervisor Building Official - St. Lucie County, Florida KA/dab Rev. 20`712012 I IWIMI 111 11 Iill 11111 I'm a a ?i 5:If any person cherries to aPpaal any decision 'made viith respect to any matter considered at the meetings or hearings of Any board, committee, Commis ran, agency, council of advisory group, that person will need a record of the. proceedings and that, for such purpose, may need: to ensure that a verbatim record of :the.. proceedings is made, which record should include the testimony and evidence upon which the appeal is to be hased, Upon the request of any party to the proceedings, individuals testifying during a: hearing N O N 4 ny. property: rights may Abeheard and acted upon. AII. interested persons ara invited to attend, and be heard., Written core-. ments received In advance of the public hearingwill also be heard. If It becomes necessary, a public hearing may he. continued to a;date certain. e.Shoul i you require additional information Tegarding the Notice or d copy of the St. Lucie Couny Board of County.. Commissioners' agenda pack, age, ptease contact flat St. Lucie County Attorney's Office at (7721462-14141. THISNOTICE :EXECUTED And dated this 6th day of July, 2012. C of Section 2.6-43 of tire Cod. 4.ACtions. taken at 'this ,public hearing may include issuing air order for-the vacation, demolition and removal of tire ballad as, The cost of this vacation, demolition or removal :may be assess - ad'Against thx real : proparty,>vh lrh such ;dostwas incurred, whichassess- Main V, s made. ahall ponatiure a lien payable to St It only upoe such property superior to all at era except taxes.Order the sale of any material :salvaged and credit tile ..p rocaedg thereof against they COSt Submitted by Daniel S. McIntyre County Attorney Publish: July 6, 13, 20, 27, 2012 2414906 . 3.A public hearinshall be held: on Septeniher 4, 201'2 at 6:00. pin. or as aoard thereafter the tire Lucie Countty AGENDA REQUEST ITEM NO. VII-B DATE: September 4, 2012 TO: BOARD OF COUNTY COMMISSIONERS REGULAR[ ] PUBLIC HEARING [A CONSENT[ ] PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 12-016 - Amending the Code of Ordinance of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: See CA No. 12-0945 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on Juty 17, 2012. The Notice of Intent was published in the Tribune on August 22, 2012. RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Staff recommends that the Board adopt the attached Ordinance No. 12-016 and authorize the Chairman to sign the Ordinance. Review and Approvals [X] County Attorney: [ ] Management £t Budget:_ Daniel McIntyre [ ] Road Q Bridge.: [ ] Parks, Recreation & Facilities: CONCURRENCE: Faye W. Outlaw, MPA County Administrator [ ] Purchasing: [ ] Solid Waste Mgr.: [ ] Finance: (check for copy only, if applicable) INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO. 12-0945 DATE: August 16, 2012 SUBJECT: Ordinance No. 12-016 - Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: On November 6, 2007, the Board adapted Ordinance No. 07-012 which set the fees that tow truck companies may charge for nonconsensual towing (usually vehicular accident scenes). On February 1, 2011, the Board adopted Ordinance No. 11-004 which allowed vehicles left on public right-of-way to be towed after 48 hours and set storage fees for trespass towing. Ordinance No. 07-012 established a flat rate of $350 that a tow truck company may charge for when they are required to use a rotating boom to assist in the nonconsensual tow. A rotating boom is a tow truck that has a rotating boom in the bed of the truck. This is a specialized piece of equipment that would not be brought out for the usual nonconsensual tow. This equipment is effectively used for removal of large/heavy vehicles from accident scenes such as a semi-trailer. Tri-County Towing has provided the following information on a tow truck with a rotator boom. Tag Renewal: $1,357.65 Yearly Insurance Premium: $6,700.00 Heavy Duty Highway Tax: $550.00 Cost for a New Rotator: $864,558.69 Diesel Fuel: $4.00 per gallon (average currently) Comparison of Class D (Rotator) Towing Rates: Indian River County: Hook Up: Mileage: Time on Scene: Class D $478.00 $7.00 Per Mile $120.00 Per 15 Minute Increments - (Rotator) After the First 30 Minutes ($120.00 x 4 = $480.00 Per Hour) *A 10% fuel surcharge is also applied to the tow & mileage subtotal* Martin Hook Up: Mileage: Time on Scene: Class C $275.00 $5.00 Per Mile $260.00 Per 30 Minute Increments ($260.00 x 2 = $520.00 Per Hour) Law Enforcement has stated that the use of a rotating boom is very effective to clear the road right-of-way from large vehicle accidents and lessens the time the road must be closed to the traveling public. Ordinance No. 12-016 has been drafted to amend the Code of Ordinances of St. Lucie County, by Adjusting the Fes for Rotating Boom; Providing for Conflicting Provisions; Providing for Severability and Applicability; Providing for Filing with the Department of State; Providing for an effective Date; Adoption; and Codification. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 12-016 and authorize the Chairman to sign the Ordinance. Respectfully submitted, Katherine Barbieri Assistant County Attorney BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida will consider adopting Ordinance No. 12-016 which, if adopted, would amend the St. Lucie County Code of Ordinances by "Adjusting the Fees for Rotating Boom", at its regular meeting on Tuesday, the 4th day of September 2012 at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be continued from time to time as may be necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The St. Lucie County Board of County Commissioners has the power to review, approve, modify or deny any ordinance within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain. Copies of the proposed ordinance may be obtained from the County Attorney's Office, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact Dan Lutzke, Risk Manager, at (772) 462-1546, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. The title of the proposed ordinance is: ORDINANCE NO. 12-016 AN ORDINANCE AMENDING ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, BY ADJUSTING THE FEES FOR ROTATING BOOM; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION THIS NOTICE EXECUTED and dated this 16h day of August, 2012. Submitted by: Daniel S. McIntyre County Attorney PUBLISH DATE: August 22, 2012 PUBLISHER: The Tribune TYPE AD: Legal Ad PROOF TO: St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34982 BILL TO: Board of County Commissioners Acct. No. 11504098 2300 Virginia Avenue Fort Pierce, Florida 34982 ORDINANCE NO. 12-016 AN ORDINANCE AMENDING ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADJUSTING THE FEES FOR ROTATING BOOM; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board), has made the following determinations: 1. Sections 125.0103(1)(c), and 166.043(1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which may be changed for the towing, removal and storage of vehicles without the owners consent for all of the areas of St. Lucie County. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to have the roads right-of-way cleared as quickly as possible after an automobile accident, and, 3. That a rotator boom is usually necessary to effectively clear the roads right-of-way when the accident involved a semitrailer. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-16 OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-20-16 of Chapter 1-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-20-16.3 Fees In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: laugh passages are deleted. -J- Underlined passages are added. (a). NonconsentuaI tow: Tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency. The maximum fee is established which may be charged on the removal and storage of wrecked or disabled vehicles from an accident scene or forthe removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle as follows: FLATBED ROTATOR REGULAR WRECKER SERVICE CLASS A/D CLASS B CLASS C "LANDOLL" BOOM Day or Night Service $100.00 $135.00 $225.00 $145.00 478.00 Mileage Charge $ 3.00 $ 4.00 $ 5.50 $ 5.50 5.50 Time Charge per 1/2 hour $ 50.00 $ 50.00 $100.00 $ 50.00 240.00 After 30 minutes on the scene, will be charged in increments of 30 m inutes. Underwater Recovery $200.00 Flat rate for a certified scuba diver with full gear. Not Sheriff's Office diver Airbag Recovery $600.00 Gate Fee (per day) - $ 35.00 8:00 pm - 8:00 am Outside Storage $25.00 per day Inside Storage $30.00 per day Administrative Fee $35.00 Additional manpower per 1/2 hour $50.00 Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted priorto January 1, 1969, County ordinances and resolutions, orpartsthereof, in conflictwith this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holdingshall not affect its applicabilityto anyother person, property, orcircumstance. F#eeekihraegh passages are deleted. -2- Underlined passages are added. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky XXX Vice Chair Tod Mowery XXX Commissioner Paula Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of 2012. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney SMneIHM-engk passages are deleted. -3- Underlined passages are added. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-C DATE: September 4, 2012 REGULAR[] PUBLIC HEARING [x ] CONSENT[] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 12-017 - Amending Article III (Code Enforcement Board) of Chapter 1-2 (Administration) of the Code of Ordinances of St. Lucie County to be consistent with Florida Statutes. BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum No. 12-0913 Staff recommends that the Board adopt Ordinance No. 12-017 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: Daniel S. McIntyre INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0913 DATE: September 4, 2012 SUBJECT: Ordinance No. 12-017 - Amending Article III (Code Enforcement Board) of Chapter 1-2 (Administration) of the Code of Ordinances of St. Lucie County to be consistent with Florida Statutes. The Florida Legislature has amended Chapter 162, Florida Statutes, making it necessaryto amend Article III (Code Enforcement Board) of Chapter 1-2 (Administration) of the Code of Ordinances of St. Lucie County, Florida to be consistent with the Statutes. Attached to this memorandum is a copy of draft Ordinance No. 12-017, which amends Section 1-2-27.2 (Notice) to be consistent with Chapter 162, Florida Statutes. The Amendment provides the County with the option to provide notice to the registered agent of a corporation. The Board of County Commissioners approved permission to advertise on August 7, 2011 Staff recommends that the Board adopt Ordinance No. 12-017 and authorize the Chairman to sign the Ordinance. Respectfully submitted, l? Katherine Barbieri Assistant County Attorney KB/cb Attachment ]:NCO H Dr1ye\AgeMaMeMD-gMS-12-017.wpd ORDINANCE NO. 12-017 AN ORDINANCE AMENDING ARTICLE III (CODE ENFORCEMENT BOARD) OF CHAPTER 1-2 (ADMINISTRATION) OFTHE ST. LUCIE COUNTYCODE OF ORDINANCES AND COMPILED LAWS BY AMENDING SECTION 1-2-27.2 (NOTICE) BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations. 1. The Florida Legislature has amended Chapter 162, Florida Statutes. 2. It is necessary to amend Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, to be consistent with Chapter 162, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE III CODE ENFORCEMENT BOARD OF CHAPTER 2-2 ADMINISTRATION Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 1-2-27.2 Notice. (a) All notices required by this part must s?,aH be provided to the alleged violator by: (1) Certified mailto• the address listed in the tax collector's office for tax pampaphtutheowne of the property im questiom? at notices, or to and at any other address provided by the Property owner in writing to the local government for the purpose of receiving notices For property owned by a corporation notices may be Provided by certified mail to the registered agent of the corporation If any notice sent by certified mail is not signed as received within 30 days after the date of mailing by such athe owner and is. etti tied as unclainied o refused, notice maybe provided by posting as described in subparagraphs (2)(b)1. and 2. and by firstelass (2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or Underilned passages a re added. -1 61Mk1 w.gl passages an dekaed. (3) Leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (5) years of age and informing suhc person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (b) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S, ch. 50 for legal and official advertisements. b. Proof of publication shall be made as provided in F.S.§§ 50.041 and 50.051. (2) a. In lieu of publication as described in subparagraph 1-2-27.2(2)(a)1, such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, at the front door of the St. Lucie county Courthouse or the St. Lucie County Administrative Center. b. Proof of postingshall be by affidavit of the person postingthe notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) a. Notice bypublication orpostingmayrun concurrently with, ormayfollow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection 1.2- 27.2(1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection 1.-2-27.2(1), together with proof of publication or posting as provided in subsection 1-2-27.2(2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance Undedlned pggea am added. -2- semearxn.,,! pus ,eearode].W. or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky XXX Vice Chair Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX PART G. CODIFICATION. Provisions of this ordinance shall be Incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", or "article", or other appropriate words, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of ATTEST: Deputy Clerk uad.wedwad esu.es.. dd.d. 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 61r ,!, (neuehpassgas.n deleted. ITEM NO. VII-D DATE: 09/04/12 AGENDA REQUEST PUBLIC HEARING (X) LEG. ( ) QUASI-JD (X) CONSENT () TO: SUBMITTED BY: SUBJECT: BACKGROUND: BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department, Planning Division REGULAR (I PRESENTED BY: Jeffrey Johnson Senior Planner Conditional Use Permit - MCZ/Centrum Citrus Farms, LLC Mine located on the north side or Orange Avenue, between Minute Maid Road and the C-24 Canal 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 of County Commissioners deny (5-1 vote) this petition. December 7, 2010 - Board of County Commissioners continued the request to the February 1, 2011 Board of County Commission meeting. February 1, 2011 - Board of County Commissioners continued the request to a date uncertain with the provision that an update on FDOT transportation improvements to Orange Avenue be provided to the Board within 90 days. May 17, 2011 - Board of County Commissioners received an update on FDOT transportation improvements to Orange Avenue from the County Engineer. RECOMMENDATION: Board adoption of Resolution No. 12-115 approving a Conditional Use Permit for a sand and coquina rock mining operation as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM COORDINATION/SIGNATURES C County Attorney (X) ? ?? County Surveyor (X) ?y Daniel S. McIntyre Ron Harris County Engineer (X) !?U ERD (X) Mich el Powley Karen Smith - 54r= Originating Dept. (X) Mark Satterlee Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners ?// THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct(//) Kara Wood, Planning Manager U?' FROM: Jeffrey Johnson, Senior Planner DATE: September 4, 2012 SUBJECT: Conditional Use Permit - MCZ/Centrum Citrus Farms, LLC Mine ITEM NO. VII-D BACKGROUND: The subject petition is for a Conditional Use Permit to allow a s on approximately 1,220 acres. The proposed mining operation Avenue, between Minute Maid Road and the C-24 Canal (Agricultural - 1 du/5 acres) Zoning District upon approval of a Lucie County Land Development Code (LDC) Section 3.01 nonmetallic minerals, except fuels. and and coquina rock mining operation is located on the north side of Orange and can be authorized in the AG-5 Conditional Use Permit pursuant to St. .03(C)(7)(i), Mining and quarrying of 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 of the Conditional Use Permit is required. The subject property and surrounding lands have been utilized for agricultural purposes over the past few decades. The mine will be accessed from Orange Avenue via a 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 s.f. scale house, and a 27.4-acre stockpile area located near the front of the parcel. The closest single family structure lies approximately 225 feet from the subject property on the west side of Minute Maid Road. Planning and Zoning Commission Meeting -August 19, 2010 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 5-1 vote. Potential impact to two different truck haul routes (Orange Avenue and Sneed Road) were reviewed and discussed. Most area residents at Board of County Commissioners MCZ/Centrum Citrus Farms, LLC - Conditional Use Permit September 4, 2012 Page 2 the meeting primarily voiced concerns regarding the use, safety and maintenance of Orange Avenue. Please see attached meeting minutes. Board of County Commission Meeting - December 7 2010 At the December 7, 2010 public hearing on this matter, the applicant offered further assistance to the County in the efforts to re-construct Orange Avenue from their west property line to the intersection of Orange Avenue and Kings Highway. The applicant agreed to contribute sufficient soil and base rock to widen the existing travel lanes, provide shoulders and replace three culverts. The Board of County Commissioners, at the request of the applicant, continued the item to the February 1, 2011 meeting. Board of County Commission Meeting - February 1 2011 At the February 1, 2011 meeting, the applicant informed the Board that they revised their plans to provide for two phases that would address the concerns residents have with the safety and maintenance of Orange Avenue. The first phase would be a result of St. Lucie County's request for roadway construction materials to reconstruct Orange Avenue to the intersection of Kings Highway, west to the mine. The second phase would consist of the formal commercial development of the mine and the associated traffic, which would occur after the reconstruction of Orange Avenue. Approximately 30 residents addressed the Board with their main concerns due to the increased amount of traffic that would be produced from the mine, the devaluation of property, safety of the children when waiting for school buses, water quality and availability, dust, noise, and the repair and maintenance of the road after the mining is completed. Please see attached meeting minutes. The Board continued the item to a date uncertain with the provision that an update on Florida Department of Transportation (FDOT) transportation improvements to Orange Avenue be provided in 90 days by the County Engineer. Board of County Commission Meeting - May 17, 2011 The County Engineer provided an update to the Board on FDOT transportation improvements to Orange Avenue. FDOT has scheduled the safety improvements to commence in 2013 for Orange Avenue, from the intersection of Kings Highway westward to Graves Road or the western limits of this improvement. Upon completion of this FDOT project, the applicant has agreed to construct similar roadway improvements westward to their project. No commercial mining related truck traffic is permitted to or from the mine until the reconstruction of Orange Avenue from the mine's west property line to the intersection of Kings Highway and Orange Avenue has been completed. However, during the reconstruction of Orange Avenue, mining will be permitted solely to provide material for such reconstruction of Orange Avenue. To address the concerns of area residents, the applicant has revised their plans and reduced the size of the mine from 676.1 acres to 349.7 acres. The stockpile height has been lowered from 50 feet to 25 feet, and the gate near the project entrance has been re-located approximately Y< mile into the property to allow for queuing of trucks on the property. A six-foot high landscape berm along the perimeter of the mine will be installed prior to any mining to mitigate noise and dust. The applicant has revised traffic impact analysis that identifies a total generation of 706 daily truck trips. Board of County Commissioners MCZ/Centrum Citrus Farms, LLC - Conditional Use Permit September 4, 2012 Page 3 Staff has determined that the proposed Conditional Use meets the County's Land Development Code standards of review for a Conditional Use Permit set forth in LDC Section 11.07.03. RECOMMENDATION: Board adoption of Resolution No. 12-115 approving a Conditional Use Permit for a sand and coquina rock mining operation as outlined in this agenda memorandum. Resolution No. 12-115 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 COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of S Q bie County, Florida, based on the testimony and evidence, including but not limit cf he staff report, has made the following determinations: 1. MCZ/Centrum Citrus Farms, LLC rated a peti for a Conditional Use Permit to allow for the operation on y ass 2 Mining ration to be known as MCZ 1200 Acre Parcel, in the AG 5 ricultural - 1 u/ Zoning District for the property depicted on the attached!" in Exttbit 'A" and described in Part B y, below. ? __.. ?. 2. On June 17, 2010 the St L 'K y ty Planhi g and Zoning Commission held a public hearing on the petitio fte ?Z[Ishing n "fie at least 10 days prior to the hearing and notrf !1 by mad ?a t?wne?rop( a ithin 500 feet of the subject propert y and corm, the me' to t u fast 1 ;" 010 Planning and Zoning Commission,eeting v\ 3. On August 19, 2 th 4pianning Zoning Commission resumed the public heanngaa d recom r1dt#)iit, the B Ord of County Commissioners deny the Priilafter cfenbe'Rlquest for a`ontional Use Permit Approval in the AG-5 { "ficultural; 1 3 /5 acrtisj Zoning I?rsfr t for the property described in Part B. 4. OnV cember 7 21110 , this?Btaard held a public hearing on the petition, after publig a noticetast 10 flays prior to the hearing and notifying by mail all owners A$Tf rt y v5? _ rn 500 feet of the subject property and continued the !ope ebru?t V1, 2011 Board of County Commission meeting. meeting to f ,K 5. On February 1, 2}11,„ this Board resumed the public hearing on the petition and heard and consid testimony of the proposed conditional use and continued the meeting to a date uncertain with the provision that an update on FDOT transportation improvements to Orange Avenue be provided to the Board within 90 days. 6. On May 17, 2011, this Board received an update from the County Engineer on FDOT transportation improvements to Orange Avenue. September 4, 2012 File No.: CU 220081426 Page 1 Resolution No. 12-115 7. On September 4, 2012, this Board resumed the public hearing on the petition and considered testimony of the proposed conditional use, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. 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. 9. The applicant has received a Certificate of Cz "y, a copy of which is attached to this order as Exhibit "B", as required undr?tiapter V, St. Lucie County Land Development Code. Based on the evidence presented and a of approval as set forth below in,tthis re finds as follows: A. The proposed project is cc Future Land Use Element meets the tecka, K e9uir Code. B. The the C. of ra will-trot have able as have project on the Irr ig and scr6 ng. incluslon;ttf the conditions of Countvl ommissioners ith_ the goaI`s':objectives and policies of the St : u&!e Court#y,,Comprehensive Plan, and of th __lgucle""A ounty Land Development ue adverse effect on adjacent property, her matters affecting the public health, i taken to minimize any adverse effect on the ate vicinity through building design, site design, D. The propb? d protegt# - s constructed, arranged and operated so as not to interfere wit' "46e deA pment and use of neighboring property, in accordance with applicable dt5tdct fegulations. 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 Permit to allow for the operation of a sand and coquina rock September 4, 2012 File No.: CU 220081426 Page 2 Resolution No. 12-115 mine, to be known as MCZ 1200 Acre Parcel, 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: B. 1. Prior to commencing the mining operation on the property, the applicant shall be required to obtain Mining Permit approval from the Board of County Commissioners that is consistent with the Conditional Use Permit development order and attached site plan, and fictions 6.06.00 and 11.05.11 of the St. Lucie Land Development Code. Afi;Z The subject property is described as PARCEL A (STATE ROAD . A/K/A,STATE SOUTH,,,RANGIt 38 1 T, THE EAST 3/4 OF SECTION 32 T LESS AND EXCEPT THEREFROM FLORIDA STATE TURNPIKE AUTHO IN O.R. BOOK 52, ATP 92 OF COUNTY, FLORIDA A <l? S PROPERTY CONVEYED?{?, TI l, FLOOD CONTROL DISTRI6 °BY 1 BOOK 56, AT PA-b' OF PU FLORIDA ANSO THI=MIST 3/4 O 3/4 OF THE`*( RTH 'l2 LYING N "Aa SHIP 34 SO ,RANGE 38 EAST ,T PRQP, ERTY Cs`VEYED TO THE BY1RANTY D RECORDED LIC RECORDS F ST. LUCIE J ^ R IM CEPT THEREFROM THAT NTRAV- ND SOUTHERN FLORIDA ,' NTY DF-ED RECORDED IN O.R. QORD*,OF ST. LUCIE COUNTY fN v THAT PART OF THE EAST OF O%GE AVENUE EXTENSION 162) OF SECTION 8, TOWNSHIP 35 ik THAT PORfift, OF ,44E WEST '/4 OF THE NORTH '/z OF SECTION 8, TOW IP 35 SOIJt' RAOb 38 EAST, LYING EAST OF THE CENTERLINE OF MI MAID D AS LAID OUT AND IN USE, AND ALL OF THAT PORTIO THE T'/4 OF, LESS THE NORTH 1689 FEET THEREOF OF SECTION 5`W FIB 35 SOUTH, RANGE 38 EAST LYING EAST OF THE CENTERLINE-711- _ TE 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, TOWNSHIP 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS PRESENTLY MAINTAINED AND USED. September 4, 2012 File No.: CU 220081426 Page 3 Resolution No. 12-115 PARCEL ID NUMBERS: 220811100020009; 220511100020000; AND 123211100030008 C. The approvals and authorizations 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 September 4, 2013 unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A aboy or an extension has been granted in accordance with Section 11 07. St. Lucie County Land ,R Development Code. E. The Certificate of Capacity, a copy of whie;>ts at d to this Resolution, shall remain valid for the period of conditjg(Fuse appr Should the conditional use approval granted by this Red= on expire or extension be sought pursuant to Section 11.07.05(F) tf jhe St. Lucie Cou Land Development Code, a new certificate of capacity spiiWbe recluiEe i. After motion and second, the Chris Dzadovsky, Chai Tod Mowery, as follows: day of September, 2012. ATTEST: DEPUTY CLERK September 4, 2012 File No.: CU 220081426 Page 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 12-115 Exhibit A Site Location Map frt. T O 0 L W C f 'O C i„ p N F Turn ike L_ Cana C-2 c i', _ Orana ; Ave -0 v c c E ci U e d 76 a? Co eeeNNO CU c-°a m O?C a? Midwa Rd Z C J? i G A. ?c September 4, 2012 Resolution No. 12-115 File No.: CU 220081426 Page 5 Exhibit B Certificate of Capacity September 4, 2012 Resolution No. 12-115 File No.: CU 220081426 Page 6 2300 Virginia Avenue . Pierce, FL (772)-462282282 CERTIFICATE OF CAPACITY F` Date Certificate No. 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. Tvpe of development Number of units Number of square feet 2. Property legal description & Tax ID no 3. Approval: Building Permit Resolution No. R y Letter _ 4. Subject to the following conditions for concurrency: Owner's name `- Address t-M 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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. St Lucie County, Florida Concurrency Review by: Signed Signed Page 1 of 1 f =mot u ? :? ? ?? u o e Hearing Date: Tuesday September 4, 2012 Applicant MCZ/Centrum Citrus Farms, LLC 225 W. Hubbard St., 4th Floor Chicago, IL 60610-4416 Agent Richard Reikenis Calvin, Giordano and Associates 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 PDS File Number CU 220081426 Zoning/Future Land Use Both are AG-5 (Agricultural - 1 du/5 acres). Previous Action June 17, 2010 - Planning and Zoning Commission continued to August 19, 2010. August 19, 2010 - Planning and Zoning Commission recommend- ed denial (5-1, vote). December 7, 2010 - BOCC continued to the February 1, 2011 meeting. February 1, 2011 - BOCC continued to a date uncertain with a requested update on FDOT transportation improve- ments to Orange Avenue be provided within 90 days. May 17, 2011 - BOCC received an update on FDOT transportation improvements to Orange Avenue from the County Engineer. Staff Recommendation Board adoption of Resolution No. 12-115 approving a Conditional Use Permit for a mining operation as outlined in the agenda memorandum. Project Staff Jeffrey Johnson, Senior Planner johnsonj@stlucieco.org (772) 462-1580 AGENDA ITEM VII-D MCZ/Centrum Citrus Farms, LLC Conditional Use Permit ?_z. ' - ¢-5 "HWMANN.Rr ?z a rc U F Y - -)RIANZIEAVE o L ® Subject p aparty N noOG..b.a area n 500 fl , ! -- = -A St. Lucie CounhZoning AG-5-Agricuatual (1 du/5 ac) Location: North of Orange Ave., between Minute Maid Rd. and the C-24 Canal Project Description A Conditional Use Permit to allow for the removal of sand and coquina rock on 1,219.4 acres located north of Orange Avenue, between Minute Maid Road and the C-24 Canal. The proposed conditional use can be authorized under the provisions of SLC Land Development Code (LDC) Section 3.01.03(C)(7)(1), Mining and quarrying of nonmetallic minerals, except fuels. Since the February 1, 2012 BOCC meeting the proposed mine has been reduced in size from 676.1 acres to 349.7 acres and the stockpile has been lowered to a height of 25 feet. A mining permit is being processed concurrently though the County's Engineering Division. All activities authorized by the mining permit must be consistent with the proposed Conditional Use Permit. Notice Requirements A public hearing notice was placed in the St. Lucie News Tribune on August 21, 2012. Letters were sent to property owners within a 500 foot radius and a sign placed on the property. Neighborhood Meeting The applicant has conducted three neighborhood meetings on the subject property, with the most recent being on August 23, 2012. Further details are found in the attached memorandum. Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning and Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: August 9, 2012 SUBJECT: MCZ/Centrum Citrus Farms Conditional Use CU 22081426 Background The Environmental Resources Department (ERD) is in receipt of the August 6, 2012 Planning and Development Services' date-stamped resubmittal. The applicant is requesting approval of a Conditional Use to allow for a proposed 349.7-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. Findings 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. 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). Environmental Resources Department Final Report MCZ/Centrum Citrus Farms Conditional Use August 2012 A condition of approval for the mining permit 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 permit will allow for the excavation of eight cells, totaling approximately 350 acres. ERD requires that preserve area management be initiated through the removal of exotic vegetation. ERD requires that the applicant provide for landscaping along Orange Avenue and replanting of any preserve areas which have not yet re-vegetated naturally subsequent to the removal of exotic vegetation. Performance bonds shall be held by the County for the cost to re-sod the 25-acre initial mining cell should operations cease after the initial clearing but before the excavation of the cell and for those activities which must occur after the mine excavation is complete. Recommendation ERD recommends approval of the Conditional Use application with conditions as outlined below. Conditions of Approval The Conditions of Approval have been addressed through the Mining Permit process. Please contact Ben Balcer at 772-462-2866 if you have any questions. Page 2 C:\Outlook Temp\MCZ Mine Conditional Use Permit Final Report.doc DEAN MEAD Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 P.O. Box 2757 (ZIP 34954) Fort Pierce, Florida 34947 772-464-7700.772-562-7700 772-464-7877 Fax wvwr.deanmead.com August 27, 2012 VIA E-MAIL Mike Powley St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: MCZ/Centrum Citrus Farms, LLC Mining Permit and Conditional Use Permit Dear Mr. Powley: Attorneys and Counselors at Law Orlando Fort Pierce Viera Gainesville W. LEE DOBBINS 772-464-7700 x. 6715 Idobbins@deanmead.com As attorney for MCZ/Centrum Citrus Farms, LLC, I hereby request that the hearing for the proposed Mining Permit and Conditional Use Permit for MCZ's property on Orange Avenue be postponed from the September 4th Board of County Commissioners meeting until the first available meeting in January 2013. If you have any questions, please call me. Be gards, z W. Lee Dobbins WLD:av Cc: Jeff Gelman (via e-mail) Brad Currie (via e-mail) Rick Reikenis (via e-mail) Jeff Johnson (via e-mail) F0148015v1 Fz?zz r A Member of ALFA International - The Global Legal Network Public Hearing Date: September 4, 2012 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant MCZ/Centrum Citrus Farms, LLC 225 W. Hubbard St., 4th Floor Chicago, IL 60610-4416 Agent Richard Reikenis Calvin, Giordano and Associates 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409 Property Location North of Orange Avenue, between the C-24 Canal and Minute Maid Road. Existina Zonina and Land Use Both are AG-5 (Agricultural - 1 du/5 acres) Planning and Zoning Commission Recommendation August 19, 2010 - The P & Z Commission recommended denial of the Conditional Use Permit (5-1,vote). I? i? Ir ?I II•` - -- rc?SCHUMANN.R[ - ! i; o I Y -, -- Subpct pmparty p c I o m„--, SOO fl, nol (caFion area , . _?. z?...>- _. AG-5 - ie Golly IDnu/ GSAgnculWreltltlWS ac) Public Hearing Description MCZ/Centrum Citrus Farms, LLC is requesting a Conditional Use Permit to allow for mining on 1,219.4 acres located north of Orange Avenue, between the C-24 Canal and Minute Maid Road. The proposed conditional use permit can be authorized under the provisions of SLC Land Development Code Section 3.01.03(C)(7)(i), Mining and quarrying of nonmetallic minerals, except fuels. The applicant proposes to excavate sand and coquina rock in a 349.7 acre area over a 20 year period. A mining permit is being processed concurrently through the County's Engineering Division. At the February 1, 2011 public hearing on this matter, the St. Lucie County Board of County Commissioners continued the request. The St. Lucie County BOCC has the power to review and grant applications within their area of responsibility. The BOCC strongly encourages your input and comment at the public hearing. You may also mail, email or fax written comments in advance of the hearing for inclusion in the official record. Written comments to the BOCC should be received by the Planning & Development Services Dept. (PDS), Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Further details are available in the PDS Dept., Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 PUBLIC HEARING NOTICE TUESDAY, SEPTEMBER 4, 2012 MCZ/Centrum Citrus Farms, LLC - Mining Operation Conditional Use Permit Staff Recommendation Board adoption of Resolution No. 12-115 approving a Conditional Use Permit for a sand and coquina rock mining operation. ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow a sand and coquina rock mining operation in the AG - 5 Conditional Use: (Agricultural - 1 du15 acre) Zoning District. Regarding Property On the north side of Orange Avenue, between Minute Maid Road and Located At., the C-24 Canal. Currently Zoned: AG - 5 (Agricultural - 1 du/ 5 acres) Please Return To: St. Lucie County Planning and Development Services Planning Division - ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: August 31, 2012 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: CU 220081426 - MCZ/Centrum Citrus Farms. LLC - Conditional Use Permit Form No. 07-26 APO listing for MCZ Mines, CU-220081426 Queried from Property Appraiser data as of July 30, 2012. List prepared August 7, 2012. 'Parcel lD 11Ownerl Lname IjOwnerl Fname 110wner2 Lname lowner 2 Fname [Address ?'City?State --II2ip 220413300260009 1st-Lucie County - 12300 Virginia Ave Fort Pierce IFL 34982-5632 1 220413300270006 NSLWCD 1 114666 Orange Ave IFort Pierce Fl- 1 3494S-4S11 1 123312200150002 Damels (TR) I W R Daniels (TR) 1Ada V 12004 Lexie Ln IPlant City IFl- 133566-4140 1 220523300260009 IBDG St Lucie Minute Maid LLC I I 185305W 124th Ave Ste 206 [Miami IFL 1331834635 1 220411100010000 ISOUTH FLA WATER MGMT DIST ATTN: Land Management [ IPO Box 24680 West Palm Beach IFL [33416-46801 220412100010001 1Woodland Investors LLC Harmon Fruit Trucking Inc IRD Box 13485 IFort Pierce IFL 134979 1 220523100210008 IShushan IMoshe &Zvia I% Harvey E Over l l l Shutts&Bowen LLP 1525 Okeechobee Blvd #1100 [West Palm Beach IFL 133401 220532300020001 I Greene Groves and Ranch Ltd [207538th Ave (Vero Beach IFL 132960-24501 220822100010000 [Greene Groves and Ranch Ltd [207538th Ave (Vero Beach IFL 132960-24501 2 209 2220015 0007 [SOUTH FLA WATER MGMT DIST ATTN: Land Management IPO Box 24680 1West Palm Beach HL 133416-46801 220832200010000 (Harrison IPeter W 'Harrison IKarenB 123285 Orange Ave IFort Pierce IFl- 134945-43371 1220331100010006 Adams Ranch Inc IPO Box 12909 IFort Pierce IFl- [34979-29091 1220932100010000 1 Willis Properties Inc 1 1 1488070th Terrace Vero Beach IFl- 132967 1 (220922200150007 (SOUTH FlA WATER MGMT DIST IATTN: Land Management PO Box 24680 lWest Palm Beach IFL 133416-4680 1 1220831100010109 Adams Ranch Inc (Lessor) 1% Rash & Associatj Central Fl CellularTel(Lessee 1 1RD Box 260888 1Plano 1Tx 175026 1 [220831100010006 !Adams Ranch Inc PO Box 12909 1Fort Pierce jFl- 134979-29091 1220811100010002 1 SOUTH FLA WATER MGMT DIST ATTN: Land Management PO Box 24680 1West Palm Beach IFL 133416-46801 1220811100010002 ISOUTH FLA WATER MGMT DIST IATTN: Land Management PO Box 24680 (West Palm Beach IFl- 133416-46801 1220811100020009 IMCZ/Centrum Citrus Farms LLC j 18965 SE Bridge Rd Ste 207 (Hobe Sound IFL 133455-5325 1 1220511100010003 (SOUTH FLA WATER MGMT DIST ATTN: Land Management IPO Box 24680 (West Palm Beach IFL 133416-46801 1220511100020000 MCZ/Centrum Citrus Farms LLC 18965 BE Bridge Rd Ste 207 Hobe Sound IFl- 133455-5325 [123211100010004 Florida State Trnpk Auth 1 11211 Governors Square Blvd Ste 100 Tallahassee IFL 132301-29881 ;123211100010004 Florida State Trnpk Auth 11211 Governors Square Blvd Ste 100 (Tallahassee IFL 132301-29881 1123322200150009 SOUTH F[-4 WATER MGMT DIST ATTN: Land Management IPO Box 24680 (West Palm Beach IFL 133416-46801 [220922100010003 1 Delray Farms LLC 18242 Martingale Ln 'Port St Lucie IFL 134986 1220423300200004 IVarn Land Enterprises LLC IPO Box 550 1F"Pierce IFL 134954-05501 1123211100010004 Florida State Trnpk Auth 1 11211 Governors Square Blvd Ste 300 Tallahassee IFL 132301-29881 1123211100020001 SOUTH FLA WATER MGMT DIST IATTN: Land Management IPO Box 24680 1West Palm Beach IFL 133416-46801 1123223300010009 (Woodland Investors LLC H a rmon F ruit Trucking In c IPO Box 13485 tort Pierce IFL [34979-34851 1123211100030008 I MCZ/Centrum Citrus Farms LLC 18965 SE Bridge Rd Ste 207 Hobe Sound I FL 133455-532S 1 220522100050009 IShushan Moshe & Zvia I%Harvey E Oyer III Shutts & Bowen LLP 525 Okeechobee Blvd #1100 1 West Palm Beach FL 133401 123222100210008 1 Rorabeck's Plants and Produce I 15539 S Military Trl Lake Worth IFL 133463-69341 (Agent (East Bay Group ITom Mueller 1546 NW University Dr IFort St Lucie IFl- 134986 1 1Applicant IMCZ/Centrum Citrus Farms LLC 1 1 1225 West Hubbard St (Chicago J IL 160610 1 O NN RD o 2 CU-220081426 MCZ/Centrum Citrus Farms, LLC \\? ? Florida State Trnpk Auth 11 1.19 ac. Rorabeck's Plants and Produce 16.23 ac. III ? 1? I Woodland lnvestors LLC ? j 37.54 ac. (1 of 2) III II II?? i Shushan 30.16 ac. .II 1 10 ?I ?BDG St Lucie Minute Maid LLC I I ?? 22.66 ac. Green Groves and Ranch Ltd j 43.08 ac. LORANGE AVE j ? Harrison 0.66 ac. 0 1 I ? I Subject property 500 ft. notification area ms Ranch 32.19 ac. Daniels JR) j _ 18.55 ac. South Fla Water Mgmt Dist 107.78 ac N RIM DITCH R Woodland Investors LLCI i 15.28 ac. (2 of 2) ? St Lucie County 0.16ac. I SCHUMANN RD C I ?? NSLVac 0.19 . N ?I ? iiiVarn Land Enterprises LLC - 13.99 ac. Delray Farms LLC 14 06 Ic. -r a Willis Properties Inc i 0.18 ac.f? N "I =10031 Map prepared February 1, 2011 MCZ/Centrum Citrus Farms, LLC - CU-220081426 Acreages within the 500 ft. notification area UM 220831100010006 Adams Ranch Inc 220831100010006 Adams Ranch Inc 220831100010109 Adams Ranch Inc (Lessor) IICuOlFirstName jCu02LastName 1220523300260009 IBDG St Lucie Minute Maid LLC 1 1123312200150002 j Daniels (TR) J W R 1220922100010003 Delray Farms LLC 1 123211100010004 Florida State Trnpk Auth 1123211100010004 Florida State Trnpk Auth 123211100010004 Florida State Trnpk Auth Greene Groves and Ranch Ltd Greene Groves and Ranch Ltd 1220832200010000 l Harrison j Peter W 220413300270006 1 NSLWCD 1123222100210008 IRorabeck's Plants and Produce 220523100210008 Shushan Moshe 1220522100050009 Shushan Moshe 220411100010000 SOUTH FLA WATER MGMT DIST 220922200150007 SOUTH FLA WATER MGMT DIST 220922200150007 SOUTH FLA WATER MGMT DIST 220811100010002 SOUTH FLA WATER MGMT DIST 220811100010002 SOUTH FLA WATER MGMT DIST 220511100010003 SOUTH FLA WATER MG MT DIST 123322200150009 SOUTH FLA WATER MGMT DIST 123211100020001 SOUTH FLA WATER MGMT DIST Central FI CellularTel (Lessee IICuO2FirstName JLcres 31.34 0.42 0.43 (Daniels (TR) jAda V Harrison Karen B (Shushan IZvia Shushan Zvia Total 32.19 22.66 18.55 114.06 0.14 0.56 0.50 Total 1.19 12.93 30.15 Total 43.08 0.66 10.19 16.23 11.34 18.82 Total 30.16 14.14 6.45 0.45 0.93 10.17 21.64 31.86 22.13 Total 107.78 JI MCZ/Centrum Citrus Farms, LLC - CU-220081426 Acreages within the 500 ft. notification area PARCEL_NUM CuOlLastName IlCuOlFirstName Cu02LastName 1220413300260009 ISt Lucie County I (220423300200004 1Varn Land Enterprises LLC 1 1 k220932100010000 1Willis Properties Inc 1 1 220412100010001 Woodland Investors LLC Harmon Fruit Trucking Inc 123223300010009 Woodland Investors LLC Harmon Fruit Trucking Inc 1ICu02FirstName Acres I 10.16 1 113.99 1 I 10.18 1 15.28 37.54 Total 52.83 Total Acres 353.91 Accident History for Orange Ave (County Rd 68) From 195 to Okeechobee County Line 2000-2010 Accidents - Orange Ave Corridor - 2000 to 2010 Year # of Accidental -_-_ _i000 7 - 751_ 2001 701 20021 891 20031 901 2001 941 , 2005 90! 20061 991 20071 831 20081 901 1 20091 781 1 20101 581 2011*I N/AI Tota 1 916 29 ---261 41j 331 221 301 211 - 211 of Fatalities 0 311 N/AI 333 * Traffic accident data for 2011 is not complete 01 2 3€ 41 0 - -1i 01 Ol 0 N/A1 11 Top Five Intersections - 2000 to 2010 of Accidents range Ave & Kings Hwy 3241 range Ave & 195 1501 range Ave & Hartman Rd 521 range Ave & Rock Rd 48 ran - Maid Rd 341 range Ave & Sneed Rd 331 612 Source Data compiled from multiple sources including, SLC Sheriff Florida Highway Patrol, SLC Road and Bridge and FDOT 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 1.21 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 265 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-Caleb Voechling 3.33 15 CRNR ORANGE AVE AND WOODCREST DR 3.39 16 CRNR ORANGE AVE & CYCLONE DR 3.77 17 CRNR BROCKSMITH RD N & ORANGE AVE 3.83 18 CRNR BROCKSMITH RD S AND ORANGE AVE 3.83 19 CRNR ORANGE AVE AND SUNRISE DW 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 5.59 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 2201 Ft. Pierce Central 2304 Samuel Gaines Academy K8 2403 C A Moore Elem. 2412 Lawnwood Elem. 2412 Lawnwood Elem. 2412 St. Lucie Elem CRNR HEADER CANAL RD N & ORANGE AVE - CRNR ORANGE AVE & W COKER RD-Caleb Voechting CRNR ORANGE AVE & MORNINGSIDE DEV- CRNR ORANGE AVE AND SUNRISE DR' CRNR ORANGE AVE AND WOODCREST DR CRNR ORANGE AVE & MORNINGSIDE/Palm Breezes 2529 Ft. Pierce Westwood CRNR LE JEAN DR & ORANGE AVE 2529 Ft. Pierce Westwood CRNR ORANGE AVE & SANDLEWOOD DR 2534 Samuel Gaines Academy K8 CRNR ORANGE AVE & COKER RD 2534 Samuel Gaines Academy KB CRNR ORANGE AVE & CAMPBELL RD 2534 Samuel Gaines Academy K8 CRNR ORANGE AVE AND BERGER ST 2534 Samuel Gaines Academy K8 CRNR ORANGE AVE & MORNINGSIDE DEV 2534 Samuel Gaines Academy K8 CRNR S CARDINAL PL & ORANGE AVE 2535 Ft. Pierce Central perf 2535 Fl. Pierce Central 2535 FL Pierce Central pert 2535 Ft. Pierce Central pert 2535 Ft. Pierce Central 2535 Ft. Pierce Central 2535 Ft. Pierce Central pert 2535 Ft. Pierce Central pert CRNR S CARDINAL PL & ORANGE AVE CRNR ORANGE AVE & MORNINGSIDE DEV CRNR FFA RD N & ORANGE AVE CRNR DUSK WAY & ORANGE AVE CRNR GODWIN WHEELER RD AND ORANGE AVE CRNR 13ROCKSMITH RD N & ORANGE AVE CRNR ORANGE AVE & COKER RD CRNR ORANGE AVE & CAMPBELL RD 5:45 A.M. 2:26 P.M. 8:30 A.M. 4:12 P.M. 7:32 A.M. 3:30 P.M. 7:28 A.M. 3:36 P.M. 7:29 A.M. 3:30 PJA 7:36 A.M. 3:22 P.M. 6:18 A.M. 2:24 P.M. 6:27 A.M. 2:38 P.M. 8:40 A.M. 4:04 P.M. 8:41 A.M. 4:15 P.M. 8:42 A.M. 4:02 P.M. 8:45 A.M. 3:59 P.M. 8:47 A.M. 3:57 P.M. 5:42 A.M. 2:25 P.M. 5:44 A.M. 2:27 P.M. 5:46 A.M. 2:29 P-M. 5:50 A.M. 2:30 P.M. 5:52 A.M. 2:31 P.M. 5:55 A.M. 2:36 P.M. 5:59 A.M. 2:37 P.M. 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 K8 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 55:52 A.M. 3:33 P-M :55 A.M. 3:08 P.M. 2663 Ft. Pierce Westwood 14040 ORANGE AVE 5:57 A.M. 2:59 P.M. 2663 Ft. Pierce Westwood CRNR ORANGE AVE AND SUNRISE DR' 5:59 A.M. 3:06 P.M. 2663 Ft. Pierce Westwood CRNR ORANGE AVE & CYCLONE DR 2663 Ft. Pierce Westwood CRNR ORANGE AVE AND WOODCREST DR 6:00 A.M. 2:53 P.M. 2711 Pace Center 2711 Pace Center 2711 Pace Center 2935 Ft. Pierce Central pert 2939 Ft. Pierce Magnet K8 2939 Dan McCarty School 2939 Dan McCarty School 2939 Ft. Pierce Magnet K8 2946 Lawnwood Elam CRNR BROCKSMITH RD N & ORANGE AVE CRNR ORANGE AVE & EMERALD AVE. CRNR ORANGE AVE & MORNINGSIDE DEV CRNR LE JEAN DR & ORANGE AVE 14149 ORANGE AVE CRNR DUSK WAY & ORANGE AVE CRNR BROCKSMITH RD N & ORANGE AVE CRNR ORANGE AVE & MORNINGSIDE DEV CRNR LE JEAN DR & ORANGE AVE 8:27 A.M. 4:33 P.M. 8:33 A.M. 4:12 P.M. 8:35 A.M. 4:10 P.M. 6:31 A.M. 2:36 P.M. 8:27 A.M. 4:44 P.M. 8:28 A.M. 4:36 P.M. 8:29 A.M. 4:35 P.M. 8:34 A.M. 4:29 P.M. 7:40 A.M. 3:26 P.M 18 Buses V 2663 Ft. Pierce Westwood CRNR ORANGE AVE & CAMPBELL RD 6:02 A.M. 2:57 P.Ni. 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. I occ MOV-P6 S/1112-01 ? REGULARAGENDA This item was pulled prior to the meeting. All. COUNTY ATTORNEY Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to operate a Water and Wastewater Utility to provide services in a portion of St. Lucie County - Settlement Offer Consider staff recommendation to reject the settlement proposal and proceed to hearing IX. PUBLICWORKS Engineering Division: MCZ/Centrum Citrus Farms Mining Permit Application Update The County Engineer updated the Board on this project and indicated the FOOT had the safety meeting and he indicated the benefit to cost ratio was an important factor for this project to move forward. Ideally the ratio of 2 or greater would be of benefit; however they received a .6 and .7 cost ratio. FOOT is allowing them to have a benefit neutral which is the 2.5 million can be only used on safety improvements which am the shoulders for 5.5 miles of the 9 miles. If the bids come is greater than the 2.5 million in 2013 there is an option for the county to fund the difference or FOOT will then put the balance for the next year which will be 2014. There is no recommendation as this time; this is for information and update purposes only X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Special Work Session on Utilities on Tuesday, May 17, 2011 at 2:00 p.m. in Conference Room #3. 2. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day. 3. The Board of County Commissionerswill hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 9, 2011 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 14, 2011 at 9:00 a.m. in Conference Room #3. There being no further business to be brought before the Board, the meeting was adjourned. Chairman of the Circuit Court ITEM NO. DATE: Elf 6, 1111 - =61H ? AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI-JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: MCZ/Centrum Citrus Farms Mining Permit Application Update BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: N/A COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County Attorney ( x) Planning & Dev Services Dir. (X) Daniel McIntyre Originating Dept. ( x ) Donald West CONCURRENCE: Ix 5/17/11 (X) Faye W. Outlaw, MPA County Administrator Mark Satterlee County Engineer (X) Michael Powley MCZ mine update to bocc.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: May 17, 2011 SUBJECT: MCZ/Centrum Citrus Farms Mining Permit Application Update ITEM NO. IX Backaround: 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 mining activity has previously been approved. Access to and from the site will be via Orange Avenue to Kings Highway. 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. On February 1, 2011, a Public Hearing was held to discuss the MCZ Mining Permit application. Because of the uncertainty surrounding the Florida Department of Transportation's (FDOT) Orange Avenue project, both in scope and time frame, the Board granted the applicant a continuance to a date uncertain and directed staff to provide an update to the Board after 90 days. Staff has met with the applicant's representatives as well as FDOT's project managers on several occasions since the February Public Hearing. The applicant remains steadfast in his intentions to pursue the mining permit and develop the mine. Likewise, FDOT continues the design of their project to construct shoulders (5-foot paved and 3 foot unpaved) between Graves Road and Kings Highway. A conference call with both the applicant and the FDOT project managers was held the last week of April. The all-important benefit:cost ratio has not been developed yet. This number must, of course, be greater than one, but even projects with a ratio greater than one but less than two will face extra hurtles. The FDOT Safety Committee will make the determination if the benefit:cost ratio is high enough to justify the expenditures. Historically, benefit:cost ratios less than two are not often approved. There are still significant obstacles. Assuming a favorable benefit:cost ratio, FDOT would develop construction plans over the next year and a half and prepare to bid the project in Spring 2013. Engineering Division May 17, 2011 Agenda Item IX Page 3 Construction funding in the amount of almost $2.5 million is scheduled for the same FDOT fiscal year (2012/2013). It is not known yet if this sum of money is sufficient to construct the necessary improvements. if bids exceed the funding, FDOT will look to the County to fund the difference. Without assistance from us, the project would be delayed until the necessary funds could be accumulated. In our most recent meeting, the applicant desired to move forward with their application. Presently, discussion centers around the applicant paying for extending the FDOT Orange Avenue improvements to the mine property after FDOT completes their project. While this remains a discussion item and may change, the permit condition of no new truck trips until Orange Avenue is reconstructed remains. At the time of this writing, additional meetings with both the applicant and with FDOT have been scheduled. The FDOT Safety Committee meeting is tentatively set for the first half of May. The results of any meetings scheduled prior to May 17 will be provided in the Board update. Previous Action: November 9, 2010 - Board approved permission to schedule a public hearing. December 7, 2010 - Board approved continuance to February 1, 2011 or soon thereafter. February 1, 2011 - Board approved continuance of the mining permit Public Hearing to a date uncertain. Staff to report back on application status in 90 days. Recommendation: N/A L ?? c° IMF 7 tijC N IAJLF1 S (2 J Q"7 I I The Board approved submitting five Legislative Issue Requests and four Lepers of Support to the St, Lucie County Legislative Delegation, as outlined in the attached memorandum. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit approval for the MCZJCenlrum 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. Staff advised the Board the petitioner had requested this item be continued in order to continue to work with staff and area residents on the concerns and issues. The petitioner requested the item be re-scheduled for the first meeting in February. Staff concurred with the petitioner's request. Quasi-judicial Com. Dzadovsky advised the Board and those present of his communication with the petitioner and area residents. He also advised staff and the petitioner of a meeting scheduled by the Department of Transportation to have some discussion on this issue. The meeting will be scheduled for sometime in April or May of 2011. He stated the petitioner may wish to take this into consideration since it has to do with the road. It was moved by Com. Mowery, seconded by Com. Lewis, to continue the public hearing on February 1, 2011 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. VII. PUBLIC HEARINGS CONTINUED B. PUBLIC WORKS MCZJCenkum Citrus Farms Mine Permit Application Consider staff recommendation to approve the mining permit application for MCZICenlrum Citrus Farms mine subject to the approved plans and the General and Special Conditions. The petitioner requested this public hearing be continued on the same date as 7-A. The County Engineer concurred with the request of the petitioner. Quasi-Judicial Commissioners Lewis, Craft and Hutchinson acknowledged speaking with the petitioner and area residents. It was moved by Com. Mowery, seconded by Com. Lewis, to continue this public hearing on February 1, 2011 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. VIII. HOUSING & 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 Attorney. The Library Manager provided a brief history of this project and previous Board direction. ITEM NO. VII-A DATE: 12/07/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department PRESENTED BY: Jeffrey Johnson Senior Planner 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 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) e County Surveyor ( X Daniel S. McIntyre Ron Harris County Engineer (X ) A4 ERD (X) Michael Powley '&n Smith Originating Dept. ( X ) G? OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director/ 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 Background: 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 Development 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. 2-10 ( I z01I The Board approved terminating the balance of contract C10-01-020 with NYC Builders, and authorized the Chairman to sign documents as approved by the County Attorney. D. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 11-042, BudgetAmendment The Board approved Resolution No. 11-042 to amend the County budget in the amount of $90,099 for receipt of the grant funds on behalf of the TPO. 7. PARKS RECREATION & FACILITIES Smithsonian Institution Agreement C01-01-236-Amendment No, Seven (7) The Board approved Amendment No. Seven (7) to Contract No. C01-01-236 with the Smithsonian Institution extending the contract for ninety (90) days and authorized the Chairman to execute documents prepared by the County Attorney's office. F. ADMINISTRATION Comprehensive Economic Development Strategy Committee The Board ratified the Boards appointments to the Comprehensive Economic Development Strategy Committee. Affordable Housing Advisory Committee The Board ratified Commissioner Lewis's requested appointment of Marty Sanders to the Affordable Housing Advisory Committee. VII. PUBLIC HEARINGS The general public was advised by the Chairman the Board would be taking public comments and the applicant will be making a presentation pertaining to both items A and B at the same time however, they will be voted on separately. A. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit approval for the MCDCentrum Citrus Farms, LLC Mine Consider staff recommendation to approve Resolution No. 11-006 granting a Conditional Use Permit for a sand and coquina rock mining operation. The SL Lucie County Senior Planner provided a review of the project and the conditional use and mining plan. He also advised the Board and the general public of the conditions added. He advised the Board the Planning and Zoning Board had recommended denial at their August 19, 2010 meeting by a vote of 5 to 1. He stated that it contained many more conditions today than when itwas presented before the Planning and Zoning Board. The County Engineer provided a summary presentation on the mining permit and the amount of the bonds required for phase 1 and 2 as well as a performance bond for security of this operation. The County Engineer advised the Board and those present of a request for changes to the conditions his office had received last week. They are as follows: a) A change in hours of operation: Trucks will enter the mine after 7:30 a.m. and not leave the mining area until after 8'.00 a.m, b) Once Snead Road is improved to county standards with construction of the right turning lane truck traffic will be permitted to use Snead Road c) Avoluntary extraction fee will be raised from 10 cents to 20 cents per ton. d) No more than 353 trucks per day will be permitted to leave the site. The County Engineer advised the Board of the need for modified language in the mining permit with regard to the requirement of a proportionate share contribuflon where the fee cannot be credited for certain items. There are two items that he wishes were not there, the fee cannot be offset by %z share of the sidewalk and the donated materials must meet or exceed FDOT requirements. These two items are not in the mining permit today. The County Engineer read the names of those who were not able to be present tonight noting their objections to the project. _ Com. Craft addressed the size of the berm vs. the size of the stacks. He asked if the berm size could be raised. The applicant stated they could increase the size of the berm. Com. Dzadovsky asked what the berm would be made of. The applicant slated there will be vegetation on the berm. Cont. Mowery advised the Board there would be vegetation in the front of the berm, the back would be coded. The Environmental Resources Department stated the berm constructed would need to be soded to avoid erosion and there are also code requirements with regard to berms. Corn. Mowery questioned if the applicant was proposing to place hedging on the berm itself. The ERD representative stated they don't believe they were proposing a hedge; the berm itself would be soled unless it was made a requirement. Quasi Judicial Com. Dzadovsky acknowledged speaking with the applicant and property owners. He stated they may be putting the cart before the horse not knowing if this will be approved by the TPO to move the dollars around. We still do not know where the funding will be coming from. Conn. Hutchinson advised the Board the 2.2 million is for emergency road safely improvements and can only be used for the 5 it shoulder and not for re-construction of the road (Orange Ave.) or for the 13 it reconstruction of the shoulder. They are not sure until a cost analysis is done. Mr. Lee Dobbins, Dean Mead Minton, was present to represent the applicant and provided the potential benefits of the project. He is aware the primary concern was traffic and the fact that Orange Ave is a road with a lot of truck traffic. He advised the Board the project is conditioned on FDOT funding to move forward. They feel it is better to move forward with the approval and then they can move forward to the FDOT with the approval. The bottom line is that the applicant has done everything the county has requested. Mr. Rick Reikenis, Certified Environmental Engineer, provided a brief presentation and an exhibit on the de-watering issue. This was one of the main concerns of the area residents. Public Comments The following area residents addressed the Board in opposition to the project. The residents described their main concerns with traffic on Orange Avenue, devaluation of property, safely for their children when wolfing for school buses, the truck traffic presently on Orange Avenue and the adding of 353 more trucks to the road, water quality and availability, dust, noise, the monitoring of the operation and the trucks, the material used for the road, the financial status of the company, the rural look of the area and the repair and maintenance of the road after the mining project has been completed. Also concerns were expressed about Snead Road and the dump trucks and farm equipment on the road, the fatalities on Orange Avenue over the years, benefit of the project. Walt Reader, 266 Bradshaw Road Mike Brennan, Morningside Community Julie Stalin 28810 Orange Ave. (provided 200 signed petitions in opposition) Patricia Scott, Morningside Community Cindy Adams, 25305 Orange Avenue Clair Capp, Clean Water Action Mike McClon, business owner on Orange Avenue Jeff Brown, 10661 Orange Avenue Gregory Brooks, 12001 Orange Avenue resident Carol Mabus, 1181 Orange Avenue Mark Castalino, 901 Castalino Road provided EPA documents he researched on line Com. Dzadovsky addressed document ADV.29.3 provided by Mr. Castalino and the documentation and review made by Dr. Diane Height from Auburn University that was derived from mine blasting in other areas and this was why property values had been lowered, and also from Ohio State University and the UpJohn case with the Rivers Unlimited. Jeff Reimer, 20107 Orange Avenue Kendal Cuellar, 9860 Orange Avenue resident Amanda Castalino, 901 Castalino Road Matt Borkowski, 34400 Orange Avenue Denny Maxwell, Snead Road resident Johnalhan Shrouse, Fertilizer/Chemical Company (15810 Orange Avenue) Andrew Castalino, Vero Beach resident Mr. Castalino (no address given) Tony DiClementi-representing Roberta Slovin who could not attend Dottie Heffner, bookkeeper for company in the area Don Starr, Castalino Road Arlene Goodman, White City resident Fletcher Nell, area resident Holly Cohen, on behalf of Uncle who lives on Snead Road Robin Dolan, Orange Avenue resident David Maxwell, 600 Snead Road Robert Case, Snead Road resident Michael Moore, Snead Road resident Mr. Judd Laird, Martin County Mining Company owner addressed the Board in favor of the project and recommended a public /private partnership and also ask the company to give something back to the community. The County Attorney advised the Board they could consider the financial ability of the company for the mining issue however for the zoning issue it is not relevant and need to separate the issues. Mr. Lee Dobbins addressed the Board and requested a continuance to a date uncertain in order to address more concerns and come back with different set of conditions and let the FDDOT process play out more. They are not sure when they will be able to go forward due to FDOT. Com. Craft stated he would like the public to have some finality on this issue. He slated he did not believe he could support a six month continuance. Com. Dzadovsky stated he believes the TPO should have input on this issue and would like for it to be played out. Com. Lewis stated she is support of a continuance in order to obtain all the necessary information. She does not wish to rush to judgment and felt there are loo many questions that need to be answered. Quasi-Judicial She also acknowledged having contact with both the applicant and several property owners. She Com. Dzadovsky stated he has a list of questions and would like the public to hear some of the answers. Com. Hutchinson stated she would support if the majority was leaning towards a continuance. Com. Mowery stated he did not have a problem with a continuance but would like a date certain rather than leaving it open ended. There may be some changes at the next meeting depending on how it develops and he also has many questions and comments but would rather hold off. Com. Dzadovsky stated he would like to have the questions answered for those who attended today's meeting and it be made part of the record. He would be willing to have a continuance for a date certain. Com. Craft asked the applicant if they were able to answer any of the questions today Mr. Dobbins staled he was not sure he could answer all the questions today, there are many and he is not sure which one's he should answer or wait. Mr. Dobbins stated the safety issue is what they are attempting to address with this proposal and FDOT should they come to the table and provide more information as it becomes available. Com. Dzadovsky questioned Snead Road and the 1Oft. travel lanes. The County Engineer stated most roads have 10 ft. travel lanes in the county and they meet the criteria. The 1 in 6 is the shoulder design standard and he believes it is a safe shoulder. Easements The plans to reconstruct Orange Avenue are not complete and to comment on it is speculation, Maintenance and millings cost- The County Engineer stated the cost for millings is $75,000 per two lane miles is enough to mill and re-surface. In six years he does not believe the road would need it. There are more than 653 trucks on the road today and the at this point does not need it. Financial Issue- The County Attorney stated there are different perspectives and different standards and explained the difference. Plan for use of property- what reclamation project could be done for the betterment of SLC. Mr. Dobbins stated the SFWMD said they did not want to agree to anything unfit after they had the mine approval. They have a condition slating they will discuss this issue with the SFWMD. There are designs in the reclamation plan. It was moved by Com. Lewis, to approve the continuance as requested by the applicant Com. Dzaodvksy asked if the applicant would be willing to pay for the cost of notifying the residents. Staff advised the Board they could provide a list with name and addresses. The applicant agreed. Com. Craft recommended having an update in 90 days as to where they are with FDOT and make a decision to continue it to a date uncertain. Quasi Judicial Com. Craft acknowledged having contact with the applicant and area residents and also the receipt of e-mails. Com. Hutchinson echoed the same disclosure. Com. Lewis withdrew her motion. It was moved by Com. Lewis, seconded by Com. Mowery to move to a continuance to a date uncertain with the provision that an update/progress be provided in 90 days (May 3b) as to where they are with FDOT (not a hearing) at that time they can determine the date certain and also the applicant will pay the cost of the advertising, and; upon roll call, motion carried unanimously. B. PUBLIC WORKS MCZ/Centrum 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. It was moved by Com. Lewis, seconded by Com. Mowery, to move to a continuance for a dale uncertain with the provision that an update/progress be provided in 90 days (May 3rd) as to where they are with FDOT, and; upon roll call, motion carried unanimously. ITEM NO. VII-A DATE: 2101111 AGENDA REQUEST PUBLIC HEARING ( X 9 LEG. ( ) QUASWD M CONSENT ) TO: SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department REGULAR 4 ) PRESENTED BY: Jeffrey Johnson Senior Planner Conditional Use Permit approval for the MCZ/Centrum Citrus Farms, LLC Mine. See attached memorandum. NIA 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. December 7, 2010 - Board of County Commission continued the request to the February 1, 2011 Board of County Commission meeting. RECOMMENDATION: Board approval of Resolution No. 11-006 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 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X)County Surveyor (X) Daniel S. McIntyre Ron Harris County Engineer (X) l % ERD (X ) Michael Powley E n Smith Originating Dept. ( X) 40- - OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director_-1 Kara Wood, Planning Manager 11 FROM: Jeffrey Johnson, Senior Planner DATE: February 1, 2011 SUBJECT: Conditional Use Permit for MCZ/Centrum Citrus Farms, LLC Mine ITEM NO. VII-A Background: 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 per5 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 February 1, 2011 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 connection in the northern 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. As outlined in the mining permit, the applicant has agreed to contribute, at no cost to St. Lucie County, sufficient soil and base rock to widen the existing travel lanes, provide shoulders, and replace three culverts. At the request of the applicant, the subject petition was continued from the December 7, 2010 Board of County Commission meeting. Since this date, the applicant has proposed that the mine be developed in two phases in accordance with the provisions in the mining permit. The first phase will occur as a result of St. Lucie County's request for roadway construction materials to reconstruct Orange Avenue from the intersection with Kings Highway, west to the mine. The second phase, the formal commercial development of the mine and the associated traffic, will only occur after the reconstruction of Orange Avenue is completed. The applicant has also agreed to reduce the stockpile height of materials from fifty (50) feet to twenty-five (25) feet. This change has been reflected on the mining plan (Sheet C5). Conditions in the attached Resolution have been changed to recognize that the mine will be developed in two phases. Some of the previous conditions have been relocated to the mining permit, which governs the operational aspects, and are shown in strikethrough formatting. For clarification, new language is shown as underlined. Staff has determined that the proposed Conditional Use Permit meets the County's Land Development Code standards of review for a Conditional Use Permit as set forth in Section 11.07.03. Recommendation Board approval of Resolution No. 11-006 granting a Conditional Use Permit for a sand and coquina rock mining operation, as outlined in this agenda memorandum. 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3`d Floor 4 August 19, 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 6:30 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ................................ ..... Chairman 14 Pamela Hammer ......................... ..... Commission Member 15 Edward Lounds (arrived 6:40)..... ..... Commission Member 16 Stephanie Morgan ...................... ..... Commission Member 17 Barry Schrader .................._........ ..... Commission Member 18 Brad Culverhouse ...................... ..... Commission Member 19 Kathryn Hensley ......................... ..... Ex-Officio Member 20 21 Members Absent 22 Britt Reynolds ............................ ..... Vice-Chairman 23 Tod Mowery ................................ ..... Commission Member 24 Susan Caron. ............ ___ ... _ ..... .... . Commission Member 25 26 Staff Present 27 Heather Young ................................ 28 Heather Lueke ................................ 29 Mark Satterlee ................................ 30 Kara Wood ...................................... 31 Michael Powley ............................... 32 Karen Smith .................................... 33 Ron Harris ................. ................. 34 Jeff Johnson ................................... 35 Diana Waite .................................... 36 Michelle Hylton ............................... 37 Assistant County Attorney Assistant County Attorney Planning and Development Services Director Planning Manager County Engineer Environmental Resources Director County Surveyor Senior Planner Senior Planner Recording Secretary 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 48 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 III. 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 8o 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 application, 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 regarding dewatering of the area, the loss of property value, and the health issue 96 related to the silica dust. Planning 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 too 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. ill 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. Planning and Zoning Commission August 19, 2090 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 54 Farm, LLC for a conditional use permit to allow a mining operation in the AG-5 55 zoning district, because it is inconsistent with the area, it does potentially 56 devalue the homes in that area, and there is no direct route for those commercial 57 trucks to take thatwill not have an impact on the citizens of St. Lucie. Planning and Zoning Commission August 19, 2010 Minutes 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 herself) 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 ITEM NO, 1III-B DATE: 8119110 TO. SUBMITTED BY: SUBJECT: AGENDA REQUEST REGULAR ) PUBLIC HEARING X ) LEG. ) QUASI-JD (X) CONSENT ( ) Planning and Zoning Commission PRESENTED BY Jeffrey Johnson Planning & Development Services Department Senior Planner Petition of MCZICentrum Citrus Farms, LLC for a Conditional Use Permit to allow for a mining operation. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: June 17, 2010. Continued to August 19, 2010 meeting. RECOMMENDATION: Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 10-102 granting approval. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County (X ) Attorney County (X) Engineer ( ) DENIED CoordinationlSianatures County Surveyor (X) Daniel S. McIntyre Michael Powley Ron Hams ERD (X) en Smith Originating (X) Dept. Mark Satterlee Planning and Development Services Department SUPPLEMENTAL MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Salterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: August 19, 2010 SUBJECT: Petition of MCZJCentrum Citrus Farms, LLC for a Conditional Use Permit to allow for a mining operation. FILE NO. CU 220081426 ITEM NO. III-B BACKGROUND: This petition originally was presented to the Planning & Zoning Commission on June 17, 2010. The Item was continued to the August 19, 2010 meeting to allow additional time for the applicant to conduct research, address public concerns associated with the operational aspects of the mine (traffic, noise, buffering, hours, etc.), evaluate alternative truck routes, as well as hold an additional neighborhood meeting. An initial neighborhood meeting regarding the proposed mine was conducted on April 22, 2010. The applicant held a second neighborhood 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 truck hauling routes. The applicant submitted revised materials and plans to County staff on July 23, 2010 for further review and analysis. To address the concerns of some area residents, the applicant has proposed Sneed Road as a possible alternative 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 result in 138 trucks (276 trips) per day, approximately on"uarter of the amount of truck traffic previously proposed. Furthermore, the applicant is proposing to address other on-site and off-site traffic concerns raised by the public with additional conditions of approval and modifications to plans. Subject: MC7JCentrum 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 corridor. Table 1 Truck Haul Route Impacts feet Avenue 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 Impacts Transportation Improvements The Florida Department of Transportation (FDOT) is currently 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 transportation improvements for both truck haul routes. The proposed improvement 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 from Shinn Road west to Trowbridge Road. Sneed Road improvements consist of the replacement and improvement of culverts. The location and number shall be identified by the Public Works Department through the mining permit 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 trucks. The Public Works Department is in the process of reviewing and evaluating this forth 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. Proportionate Fair Share Contribution A proportionate fair share calculation was performed relating to the impact of peak hour project traffic upon the Kings at Orange Avenue intersection in a February 18, 2010 letter from Susan O'Rourke, P.E. The calculation was based upon a 134 peak hour trip generation rate and was deemed acceptable by County staff. With a proposed reduction to 72 pm peak hour trips 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: MC71Centrum Citr August 19, us Farms, 010 Page 3 Enforcement Trucks hauling material from the mine will most likely be owned by independent contractors and most to truck issues on roadways can be handled with proper enforcement of laws, The applicant has agreed hire and pay for an off-duty sheriff on a part-time basis (minimum 10 hours a week) to enforce moving violations and the truck haul 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 shall be traveled. Haul trucks will be required to have Global Positioning Satellite (GPS) devices installed 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 alternative routes. Furthermore, there shall be no stacking of vehicles allowed in the Orange Avenue right-of-way. On-Site Imaacts Buffering In order to mitigate visual impacts along the orange Avenue corridor, the applicant has increased the minimum required fifteen (15) foot landscape buffer to twenty-five (25) feet and provided an additional seventy-three (73) live oak trees, an amount of 50% more trees to their landscape plan. Furthermore, 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 Operation The applicant has agreed to reduce the number of days the mine is operational to weekdays (Monday through Friday) only. The hours of operation 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 stacking of vehicles in the public right-of-way. Noise/Dust To further lessen noise impacts, the applicant has reduced the amount 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 or gas pumps utilized for dewatering purposes (except as back-up to electric pumps). The applicant indicates the regular use of a water truck to wet haul roads and stock piles will minimize dust. Prior to egress onto Orange Avenue the site traffic will drive over a Soil Tracking ulaiions ono device, designed and constructed per Florida Department of Transportation (FDOT) reg loosen and remove excess materials from the tires and under the carriage. RECOMMENDATION: Staff has reviewed both truck routes and the associated impacts and recommends the Sneed Road route. The revised and added conditions along with other conditions that will 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: MCZ1Centrum Citrus Farms, LLC August 19, 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. 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 June 17, 2010 Meeting 5 6:00 p.m. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. 1. CALL TO ORDER Chairman Mundt called the meeting to order at 6:05 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt .................................... . Chairman Britt Reynolds ....................... .... . Vice-Chairman Pamela Hammer ............................. . Commission Member Edward Lounds ............................... . Commission Member Stephanie Morgan .......................... . Commission Member Tod Mowery .................................... . Commission Member Brad Culverhouse (arrived at 6:40). . Commission Member Susan Caron. ......... ........................ . Commission Member Members Absent Barry Schrader ................................. Commission Member Kathryn Hensley .............................. Ex-Officio Member Staff Present Heather Young ................................ Mark Satterlee................................ 29 Michael Brillhart.............................. 30 Kristin Tetsworth ............................. 31 Diana Waite .................................... 32 Jeff Johnson ................................... 33 Michael Powley ............................... 34 Yvette Alger .................................... 35 Michelle Hylton ............................... 36 Assistant County Attorney Planning and Development Services Director Business and Concurrency Manager Senior Planner Senior Planner Senior Planner County Engineer Senior Environmental Planner Recording Secretary 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 like 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. Planning 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 between 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 AGA (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. Planning 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. Planning 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 traffic 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. Planning 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 Planning and Zoning Commission June 17, 2010 Minutes Page 10 of 11 282 Petition of Johnson & 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 application. 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 himself 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 carried 7-0. 302 Mr. Reynolds 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 Brillhart 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. Brillhart stated there have been two 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. Planning and Zoning Commission June 17, 2010 Minutes ITEM NO. 111-D AGENDA REQUEST DATE: 6117/10 REGULAR ( ) PUBLIC HEARING (X) QUASI-JD (X) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED Jeffrey JohnsoBY: SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division SUBJECT: Petition of MCZICentrum Citrus Farms, 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 Commissioners with a recommendation for Board adoption of Resolution No.10-102 granting approval, as outlined in the attached memorandum. ? / Coordination/Signatures County Attorney (X) v County Surveyor Daniel S. McIntyre County Engineer ( X) ERD ?Michael Poowwlley Originating Dept. ( X) - ?? Mark Satterlee (X) "Iallvl Ron Harris (X) Karen Smith Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, Directo Kara Wood, Planning Ml(a_ges FROM: Jeffrey Johnson, Senior Plannof 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: MCZJCentrum 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 Existing Land Use and Zoning: Future Land Use Zoning Existing Land Use AG-5 (Agricultural - 1 unit per 5 AG-5 (Agricultural - 1 unit Agricultural acres max.) per 5 acres) Surrot-nding Land Use and Zonirg 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) i 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 will 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 Mining Operation (Refer to Dewatering Plans) Mining 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 will 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 compatible and coordinated land use pattern which establishes agriculture as the primary use outside the urban service boundary and promotes retention of agricultural 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 for natural resources be permitted only where compatible with existing and proposed land uses. All operations most 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 regulations 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. Infrastructure/Drainage Policy 6C. 3.2.4: No Conditional Uses for sand mining and no rezonings to Industrial, Extraction (IX) will be granted within public potable water supply recharge areas designated through the Wellfield 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 activities and adjacent existing future land uses. The airborne particulate matter criteria shall also 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. Conservation 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 Coastal Ridge; c. Within any identified environmentally sensitive area or within 200 ft, of such an area; d. Coastal High Hazard Area; e. Hutchinson Island, or Page 5 June 17, 2010 Subject'. MCZ/Centrum Citrus Farms, LLC File No.'. CU 220081426 f. Environmentally sensitive areas as defined under objective 8.1.12. Upland areas (16.7 total acres) will be preserved adjacent to Orange Avenue and Minute Maid Road. Excavation activities will occur no closer than 300 feel from these preserve areas. There are no wetlands or other environmentally sensitive areas on the property. Consistency with Land Development Code Regulations The proposed conditional use is not in conflict with any applicable 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, LL File No.'. CU 220081426 Transportation System 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 Level 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 1-95. 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 along 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 April 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. i l E" 1 I, l_ . TRAFFIC IMPACT ANALYSIS MCZ MINING OPERATION ST. LUCIE COUNTY, FLORIDA Prepared for: MCZ/Centrum Citrus Farms, LLC. 041223004 January 2011 Revised April 2012 © Kimley-Horn and Associates, Inc. CA 00000696 10521 SW Village Center Drive, Suite 103 Port St. Lucie, Florida 34987 772/345-3800 TEL Kimley-Horn MFI and Associates, Inc. Received By Manning Division AUG a 9 2012 St. Lucie County prim Kimley-Hom and Associates, inc. TRAFFIC IMPACT ANALYSIS MCZ MINING OPERATION ST. LUCIE COUNTY, FLORIDA Prepared for: MCZ/Centrum Citrus Farms, LLC. 041223004 January 2011 Revised April 2012 © Kindey-Horn and Associates, Inc. CA 00000696 10521 SW Village Center Drive, Suite 103 Port St. Lucie, Florida 34987 772/345-3800 TEL Nicholas J. Mora, P.E. Florida Registration Number 70697 KimleyHorn and Associates, Inc. TABLE OF CONTENTS SECTION PAGE ' INTRODUCTION ................................................... ...........................................1 TRAFFIC GENERATION ...................................... ...........................................3 DISTRIBUTION AND ASSIGNMENT .................. ...........................................5 BACKGROUND TRAFFIC .................................... - CAPACITY ANALYSIS ...........................................7 8 ......................................... ; ........................................... SITE ACCESS ........................................................ .........................................10 I CONCLUSION ....................................................... .........................................12 APPENDIX ............................................................. .................following page 12 r,. ' April 2012 Page i KimleyHorn ME - and Associates, Inc. LIST OF FIGURES Fiizure # Title Page 1 Site Location Map .....................................................................2 2 Traffic Distribution ....................................................................6 3 Driveway Volumes .................................................................11 LIST OF TABLES Table # Title Page 1 Trip Generation .........................................................................4 2 Daily Capacity Analysis ............................................................9 3 PM Peak Hour Directional Capacity Analysis ............................9 April 2012 Page ii :ZMJJ KimlayNotn 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 twenty-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. I{imley-Horn and Associates, Inc. was retained to determine the traffic impacts associated with the proposed mining operation. This analysis is based on standards set forth in the St. Lucie County Land Development Code. April 2012 Page 1 KimleyHorn ME - and Associates, Inc. Figure 1- Site Location Map NORTH SITE y FL o aI DA Orange Avenue Si. LUCIE 'O 'O A BI . U A ?3%J! _ Fatl _ C i] P?eF /J f e:. Nil April 2012 Page 2 Kimley-Hom and Associates, Inc. TRAFFIC GENERATION The trip generation potential for the project was calculated using rates contained in the Institute of Transportation Engineers' (ITE) Trip Generation Report, 8th Edition. The ITE land use code for Warehousing (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 access the site throughout the day. Projections of daily and peak hour truck trips are included in the calculation of project site traffic. The proposed hours of operation for the mine are from 7:00 am to 5:00 pm (10 hours) on Monday through Friday. In addition, the following trip generation characteristics were provided to Kimley-Horn and Associates, Inc. by the applicant: Truck Traffic: 353 trucks per day 2 trips per truck 706 truck trips per day 72 truck trips per hour Employee Traffic: 25 30 2 50 60 110 employees vehicular (non-truck) deliveries per day daily trips per employee and delivery employee trips delivery trips trips per day Total Traffic: 816 daily trips Trip generation calculations are further detailed in Table 1. It is estimated that the proposed mining operation has a potential to generate 816 new daily trips, 85 AM peak hour trips and 87 PM peak hour trips. April 2012 Page 3 KimleyHom and Associates, Inc. Table 1- Trip Generation landike Daily AMPeak Hm r PMPeak Hot r Trip Total In Out Total in Out Proposed Site Traffic - Mining Operation lKniployees 25 110 13 'Ouch Traffic 353 706 72 Net New External Traffic 816 85 Note: Trip generation was calculated using the following data Daily Traffic Generation 9 36 4 36 15 72 5 36 10 36 45 40 87 41 46 Warehousing T=2 trips peremployee and 2 trips perdelivery (30 deliveries) 'Crack Traffic Proposed=706 track trips/day AMPeak Hour Traffic Generation Warehousing(ITE 150) T= 0.51 per employee; (72% in, 28% out) Truck Traffic Proposed= 36 unbound trucks and 36 outbound trucks (706 trips/10 firs of operation) PAIPeak (lour Traffic Generation Warehousing(ITE 150) T= 0.59 per employee;(35%in, 65% out) Truck Traffic Proposed= 36 unbound trucks and 36 outbound trucks (706 trips/10 his ofoperation) April 2012 Page 4 KimleyHom and Associates, Inc. DISTRIBUTION AND ASSIGNMENT External traffic was distributed to the adjacent roadways in the vicinity of the proposed project based on travel time characteristics and location of potential customers as provided by the applicant. The applicant has met with county staff to develop a hauling route for trucks entering and exiting the mine. The traffic distribution for both haul tucks and employee/delivery vehicles is 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 the St. Lucie County Land Development Code, the base transportation impact study area is determined to be all the collectors, major arterials, and minor arterials within 2 miles of the site. April 2012 Page 5 EIMMFI Kimley-Hom and Associates, Inc. Maure 2 - Traffic Distribution NORTH I .1, SITE 10% 90% (5%) ',(95%) 70% 70% (95%) FL °si°A (95%) -- Orange Avenue R 20% e (c%) @n 1 b O it C C w @Al I rugs W9Fwey-- : YVAlt1,IL Pdh. c 7z? C] ff V/ 5% 15% Legend: (0%) (0%) XX% =Employee/Delivery Traffic Distribution -- (XX%) =Truck Traffic Distribution CepYMrt°aMM 19W-N9) M,maod CwporAionaM/wXSrvWfen.PofglBSresweE. April 2012 Page 6 i C2WPJ Kimley-Horn and Associates, Inc. BACKGROUND TRAFFIC Existing Traffic Existing traffic volumes were based on the most current traffic data available. Data sources include traffic count data collected by the Florida Department of L Transportation and intersection turning movement count data collected in 2012. All traffic count data was adjusted to reflect peak season conditions. (( Historical Growth l To account for the ambient growth between the count year and 2032 (the year that the mining operation ceases), a two percent (2%) annual growth rate was applied to all traffic volumes in this area of St. Lucie County. I, Li April 2012 Page 7 KimleyHom and Associates, Inc. CAPACITY ANALYSIS A roadway capacity analysis was undertaken for each roadway segment within the base study area considering its total traffic volume and the roadway laneage to be in place over the twenty-year mining operation. Total traffic is defined as the sum of existing traffic, historic growth, and project traffic. Projected total traffic conditions are shown in Table 2 and Table 3 for Daily and PM peak hour directional conditions, respectively. The level of service capacity for each roadway segment is defined by the capacities published in the Florida Department of Transportation's 2009 Quality/Level of Service Handbook. Based on this analysis, all roadway segments within the project study area are expected to meet their level of service standards for Daily and PM peak hour directional conditions over the twenty-year mining operation. Furthermore, the 1 capacity analysis indicates a surplus of available roadway capacity based on 1 adopted service, volumes. April 2012 Page 8 Kimley-Horn and Associates, Inc. TABLE 2 - DAILY CAPACITY ANALYSIS Existing Conditions 2032 Background Conditions Proje,t Traffic Roadway 2032 Finployee/ Employee/ 2032 Significantly 2032 Meets Number Service Count Daily Growth Background Number Service Daily Trnek% Track Delivery% Delivery Total % Impacted V/C LOS From To of Lanes Capacity Year Volumes Rate Growth of Lanes Capacity Volumes Assignment Volume Assignment Volume Traffic Impact ??? ratio Standard? Orange Avenue East of Okeechobee County Line Site Access 2-1, 13,700 2009 3,500 2.00/. 2,019 2-L 13,700 5,519 5% 35 100/0 11 5,565 0.340/6 No 0.41 Yes Site Access Sneed Road 2-L 13,700 2009 3,500 2.0% 2,019 2-L 13,700 5,519 95% 671 900/0 99 6,289 5.62% Yes 0.46 Yes Sneed Road Shinn Road 2-L 13,700 2011 2,260 MY. 1,165 2-L 13,700 3,425 95% 671 70% 77 4,173 5.46% Yes 0.30 Yes Sneed Road Orange Avenue Okeechobee Road 2-1, 13.700 2011 530 2.00/. 273 2-L 13,700 803 0% 0 20% 22 825 0.16% No 0.06 Yes TABLE 3 -PM PEAK HOUR DIRECTIONAL CAPACITY ANALYSIS 2012 Edsting Conditions 2032 2032 Background Conditions Project Traffic 2032 Significantly Roulany Background Truck Employee/ Onpl oyee/Deliwnry Total Impacted 2032 Meets Number Service Vob'mes Growth Grrntb N umber Service Vob-mes Track % VoMme Delivery % VoPnme Tr: Mc % ??? V/C LOS From To of Lanes Ca ei NB/EB SB/WB Rate NB/EB SB/4VB of Lanes Capacity NB/EB SR/W13 Assignment NB/EB SB/RB Assignment NB/EB SB/WB NB/EB SB/WB Impact (>I%) ratio Standard? Orange Avenue _ East of Okeechobee County Line Site Access 2-1, 720 166 86 2.0% 81 42 2-1, 720 247 128 5% 2 2 100/6 1 1 250 131 0.42% No 0.35 Yes Site Access Sneed Road 2-L 720 166 86 2.0% 81 42 2-L 720 247 128 95% 34 34 900/6 9 5 290 167 5.97% Yes 0.40 Yes Sneed Road Shinn Road 2-L 720 160 88 2.0% 78 43 2-L 720 238 131 95% 34 34 70% 7 4 279 169 5.69% Yes 0.39 Yes Sneed Road Orange Avenue Okechobee Road 2-1, 720 22 30 2.0% 11 15 2-1, 720 33 45 00/. 0 0 20% 1 2 34 47 0.28% No 0.07 Yes April 2012 Page 9 KimleyHom IIIIIIIIIIIIN and Associates, Inc. SITE ACCESS Figure 3 illustrates the daily and peak hour project traffic volumes entering and exiting the proposed site. The applicant is proposing turn lane improvements at the intersection of Orange Avenue and the project driveway. I._ April 2012 Page 10 D a 0 Q Q w F- z SITE 8'6 M .-. v M ?• M M t- 42 (38) (3) 3 - 2-LEGEND 42 AM PEAK HOUR VOLUME ® (38) PM PEAK HOUR VOLUME I 816 DAILY TRAFFIC VOLUME NOT TO SCALE ORANGE AVENUE FIGURE 3 MCZ MINING OPERATION DRIVEWAY VOLUMES ®-111 Kimley-Horn m and Associates, Inc. 041223004 Page 11 Kimley-Hom and Associates, Inc. CONCLUSION 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 twenty-year timeframe. The traffic analysis shows that all roadways within the base study area are expected to operate at acceptable levels of service (with surplus roadway capacity remaining) through the twenty- year mining operation. April 2012 Page 12 E]Mrl KimleyHom and Associates, Inc. APPENDIX MINING TRIP GENERATION CALCULATIONS 1 1,926,517 tons x 1 year - 7409.7 tons 1 year 260 work days work day 7409.7 tons 1 truck 353.0 trucks 2 work day x _ 21 tons work day 353.0 trucks 2 truck trips 706 truck trips 3 work day x _ 1 truck work day 25 employees 2 daily vehicular trips 50 vehicular trips 4) x = 1 employee work day 30 vehicular deliveries 2 trips 60 vehicular trips 5 day x _ 1 vehicular deliveriy work day 816 total trips 6) TRIPS PER DAY ASSOCIATED WITH THE MINING OPERATION work day 4/25/2012 Type of peak hour being reported: Intersection Peak Method for determining peak hour: Total Entering Volume LOCATION: Sneed Rd --Orange Ave OC JOB #: 10745501 CITY/STATE: Fort Pierce FL DATE: Thu, Apr 19 2012 o i 0 ° * ? 0 o Peak-Hour: 5:00 PM -- 6:00 PM Peak 15-Min: 5:15 PM -- 5:30 PM o.o o.o i i J i 4 ? o.o o.o o.o 76 4o J t o 4 78 J i 4 25.04 0.0 J "„? t OA 419.2 128 y 0.85 ? 70 12.5.E ,?3°421.4 147 .r 19 °? ? 6 ? r 8.? 141 * t• 9 73 ? 74.3.E 26.37 ?? r 0.0 ? 12.1 i r QUB?? Ly 1.+?1 t?n?? 667007.7 ? z7 7s ??'. r.i IFI?II?rAilf',?! rq;a C4:1-_?.a'13:3 `?-16q!:?p i } 18.6 26.3 ???4? ° , t o ?? o ., ?rr, o o? ?' 4 0 ra/? ° 'h ? Ar o o ? ?r ? 0 0 0 `? ? J i 4? ? Syr J J i 4 h J< 4 1 ,t pt NA y l>? 4 NA ? NAM ®® 4 NA a ? r a -+ r h f P h i P i NA f ? ? NA 75?MIn Count Period Sneed Rtl (Northbound) Sneed Rd (Southbound) Orange Ave (Eastbound) Orange Ave (Westbound) l T t Hourly Beginning At Left Thru Right U Left Thru Right U Lek Thru Right U Left Thru Right U o a Totals 4:06 PM 3 0 2 0 0 0 0 0 0 19 ?1 0 3 13 0 0 41 4:15 PM 2 0 3 0 0 0 0 0 0 11 4 0 1 6 0 0 27 4:30 PM 5 0 0 0- 0 0 0 0 0 12 1 0 2 18 0 0 38 4:45 PM 1 0 1 0 0 0 0 0 0 17 2 0 4 13 0 0 38 144 15100 PM t - . 0 B ;: 0 0 0 0 `( 0 0 7. 32 5" 0 42'. 19 -':0 0 67 770'F 6 ( I 5:30 PM 0 : 0 0 .: 0 0 0 0 '. 0 0 35 6' 0 2: 19 0 0 62 239 '. 5:45 PM 1 0 3 0 0 0 0 0 0` 20 41 0 7 13 0 0 43 244 Peak 15-Min Northbountl Southbound Eastbound Westbound Tofal Flowrates Lek Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U Ail Vehicles 16 0 8 0 0 0 0 0 0 164 16 0 8 76 0 0 288 Heavy Trucks 12 0 0 0 0 0 0 24 0 0 i6 0 52 Pedestrians 0 0 0 0 0 Bicyglea o 0 9 0 0 0 o a o a o 9 0 Railroad Stopped BUSes Comments: Report generated on 4/20/2012 2:34 PM SOURCE : Quality Counts, LLC (hitp://www.qualitycounis.net) 1-877-580-221 Intersection = Orange Avenue & Sneed Road PM Peak Hour Intersection Data Northbound Scuthbound Eastbound Westbound Left Th. Right Left Thfu Right Left Th. fti bt Left Th. Rijbt Existing Volumes (04/19/2012) 6 0 13 0 0 0 0 128 19 8 70 0 Peak Season Factor 1.13 1.13 1.13 1.13 1.13 1.13 1.13 1.13 1.13 1.13 1.13 1.13 2012 Peak Season Volumes 7 0 15 0 0 0 0 145 21 9 79 0 2032 Background Grc.mh 3 0 7 0 0 0 0 70 t0 4 38 0 Pro'ect Truck Traffc % Truck Assignment 0% 0% 0% 0% 0% 0% ON. 95% 0% 0% 95% 0% - Direction - - - - - - - out - - in - PrjectTmckTrips 0 0 0 0 0 0 0 34 0 0 34 0 Pm'ect Enpl.vee/D6iverv Traffic Emp1oyce7Delivery Assignment 20% 0% 0% 0% 0% 0% 0% 70% 20% 0% 70% 0% Direction in - - - - - - out out - - ProjectTruckTrips 1 0 0 0 0 0 0 7 2 0 4 0 Project 'retal Traffc 1 0 0 0 0 0 0 41 2 0 38 0 2032 Beckgronnd Traffic 10 0 22 0 0 0 0 215 31 13 117 0 2032 Total Traffic 11 0 22 0 0 0 0 256 33 13 155 0 Florida Department of Transportation Transportation Statistics Office - 2009 Historical AADT Report County: 99 - ST. LUCIE r-. Site: 7034 '.ON ORANGE i AVE E. OF OKEECHOBEE COUNTY LINE (COUNTY 144) Year AADT Direction 1 Direction 2 K Factor _______ D Factor T Factor __ __ 2009 ______ 3500 __ C ____________ E 1800 W 1700 11.11 58.68 35.10 i 2008 4000 C E 2000 W 2000 11.51 54.38 35.50 AADT Flags: C = Computed; E = Manual Estimate; F = First Year Estimate S = Second Year Estimate; T = Third Year Estimate; X = Unknown FWF MA DE9AR9dENT OF TRANFFORTATION TRARES.ETATION STATISTICS OFFICE 2011 HI..iOEL RADT RE FORT COUNTY: 94 - ST.LUCIE SITE: 0144 - CR 60/ORANOB ARE 4 MI 8 OF JOT ER 609:ST LUCIE CU YEAR AADT DIRECTION 1 DIRECTION 2 X MOOR -------- D FACTOR -------- T FACTOR -------- ---- 2051 ---------- : 2260 C --- S --------- 1119 -- W ---------- 1141 11. 60 61. 80 25. 20 2010 2426 C 8 1199 W 1229 12. 12 61. 85 24. 90 2009 25]5 C E 1260 N 1315 11. 34 65. 12 25. 50 2000 2645 C B 1298 N 1399 12. 06 56. 54 29. 60 2009 2931 C B 1436 W 1495 11. 46 59. 29 20. 90 2006 2924 C B 1445 W 14]9 10. 94 59. 03 28. 90 2005 2894 C 8 1929 W 1415 11. 10 56. 30 2]. 70 2004 2951 C 8 14]4 W 1497 11. 50 62. 20 26. 50 2003 2632 C B 1306 M 1326 11. 40 61. 90 23. 30 2002 2559 C B 1272 M 1207 11. 40 63. 00 23. ]0 2001 2534 C E 1256 W 1278 11. 00 59. 10 21, 60 2000 2593 C E 1292 W 1301 11. 00 64. 00 20. 10 1999 2610 C E 1319 lV 1291 12. 40 69. 40 13. 70 1998 2664 C S 1321 tV 1393 12. 10 62. 90 8, 20 199] 2802 C E 1391 M 3911 12. ]0 6]. 50 8. 40 1996 2]50 C E 136] W 1383 12. ]0 65. 00 9. 20 AANP FLAGS: C = MERITED; E = HANHAL ESTISETE: F = FIRST YEAR EETIIWTF. $ = S.=ID YEAR ESTIMATE; T - THIFD YEAR ESTVRCTX; X - UNRNOWN F CIEA ?SPAR'N48NT OF TRTNSPORTATION THPNSPORTATION STATISTICS OFFICE 2011 HISTORICPL AAOT REPORT COUNTY: " - BT.LNCIE SITE: 7040 -'ON SNE® RD -. N. OF. OKEECBOBEE RD (COUNTY 151) YEAR AAET DIRECTION I OIRECIOB 2 K FACTOR O FACTOR T FACTOR 2011 130 T 0 0 11.83 56.50 1.60 2010 550 E N 250 S 300 11.51 57.07 51.90 2009 550 F N 250 E 300 11.11 50.68 51.90 2008 550 C N 250 S 300 11.51 54.38 51.40 AADT FLAGS: C - CONFUTED: E - 14ANIIAL ESTIMATE) F = FIRST YEAR ESTIMATE S = SECOND YEAR ESTIIATE) T - THIRD YEAR ESTII EJ % = UNKNOWN 2011 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 9402 WEST-W OF 195 MOCF: 0.85 WEEK DATES SF - PSCF --1 - --01/01/2011 - 01/01/2011 1. 00 01/02/2011 - 01/08/2011 0. 95 1. 12 * 3 01/09/2011 - 01/15/2011 0. 90 1. 06 * 4 01/16/2011 - 01/22/2011 0. 88 1. 03 * 5 01/23/2011 - 01/29/2011 0. 86 1. 01 * 6 01/30/2011 - 02/05/2011 0. 84 0. 99 * 7 02/06/2011 - 02/12/2011 0. 81 0. 95 * 8 02/13/2011 - 02/19/2011 0. 79 0. 93 * 9 02/20/2011 - 02/26/2011 0. 81 0. 95 *10 02/27/2011 - 03/05/2011 0. 82 0. 96 *11 03/06/2011 - 03/12/2011 0. 83 0. 97 *12 03/13/2011 - 03/19/2011 0. 84 0. 99 *13 03/20/2011 - 03/26/2011 0. 87 1. 02 *14 03/27/2011 - 04/02/2011 0. 90 1. 06 *15 04/03/2011 - 04/09/2011 0. 92 1. 08 16 04/10/2011 - 04/16/2011 0. 95 1. 12 17 04/17/2011 - 04/23/2011Y 0. 96 1. 131 18 04/24/2011 - 04/30/2011 0. 98 1. 15 19 05/01/2011 - 05/07/2011 0. 99 1. 16 20 05/08/2011 - 05/14/2011 1. 00 1. 17 21. 05/15/2011 - 05/21/2011 1. 02 1. 20 22 05/22/2011 - 05/28/2011 1. 03 1. 21 23 05/29/2011 - 06/04/2011 1. 05 1. 23 24 06/05/2011 - 06/11/2011 1. 06 1. 24 25 06/12/2011 - 06/18/2011 1. 08 1. 27 26 06/19/2011 - 06/25/2011 1. 11 1. 30 27 06/26/2011 - 07/02/2011 1. 13 1. 33 28, 07/03/2011 - 07/09/2011 1. 16 1. 36 29 07/10/2011 - 07/16/2011 1. 19 1. 40 30 07/17/2011 - 07/23/2011 1. 19 1. 40 31 07/24/2011 - 07/30/2011 1. 19 1. 40 32 07/31/2011 - 08/06/2011 1. 18 1. 39 33 08/07/2011 - 08/13/2011 1. 18 1. 39 34 08/14/2011 - 08/20/2011 1. 18 1. 39 35 08/21/2011 - 08/27/2011 1. 17 1. 37 36 08/28/2011 - 09/03/2011 1, 16 1. 36 37 09/04/2011 - 09/10/2011 1. 15 1. 35 38 09/11/2011 - 09/17/2011 1. 13 1. 33 39 09/18/2011 - 09/24/2011 1. 13 1. 33 40 09/25/2011 - 10/01/2011 1. 12 1. 32 41 10/02/2011 - 10/08/2011 1. 11 1. 30 42 10/09/2011 - 10/15/2011 1. 11 1. 30 43 10/16/2011 - 10/22/2011 1. 09 1. 28 44 10/23/2011 - 10/29/2011 1. 07 1 .26 45 10/30/2011 - 11/05/2011 1. 05 1 .23 46 11/06/2011 - 11/12/2011 1. 03 1 .21 47 11/13/2011 - 11/19/2011 1. 01 1 .19 48 11/20/2011 - 11/26/2011 1. 01 1 .19 49 11/27/2011 - 12/03/2011 1. 00 1 .17 50 12/04/2011 - 12/10/2011 1. 00 1 .17 51 12/11/2011 - 12/17/2011 1. 00 1 .17 52 12/18/2011 - 12/24/2011 0. 95 1 .12 53 12/25/2011 - 12/31/2011 0. 90 1 .06 * PEAK SEASON 14-FEB-2012 14:42:43 830UPD [1,0,0,1] 4 9402 PKSEASON.TXT EVV Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services CONSULTANTS, INC. MCZ 19200 MINE PRESERVE AREA MONITORING AND MAINTENANCE PLAN PREPARED FOR: MCZ CENTRUM PROPERTIES PREPARED BY: EW Consultants, Inc. ©AUGUST 2012 Received By Planning Division AUG 14 2012 St. Lucie County 1000 SE Monterey Commons Blvd, Suite 208 • Stuart, FL 34996 ° Phone 772-287-8771 • Fax 772-287-2988 www.ewconsultants.com I. INTRODUCTION The MCZ 1,200 Mine site is approximately 1,220+/- acres and is located south of and adjacent to the SFWMD C-25, west of the C-24/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 I.-I 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+1- 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 final preserve area also includes 3.6 acres of lake littoral zone and 3.6 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 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. IIL 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: A conspicuous, suitable protective barrier constructed of orange safety fencing or other durable material, shall be placed and maintained around the perimeter of the prptNM pPtea to form a Planning Division AUG 14 2011 St. Lucie County 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 immediately correct the situation by covering the roots with a high quality soil to 2 match the existing grades, pruning any splintered roots and providing water until the vegetation has recovered. The applicant shall provide the Environmental Resources Department 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 Environmental Resources Department 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 513-57.007 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 treatmentkill 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. 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 PAMNIP. 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. A cost estimate has been included in this PAMMP for the re-planting of the upland preserves for bonding purposes. 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. 4 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 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 Submit Time-Zero Monitoring Report Conduct and Submit 1st Annual Monitoring Report Conduct and Submit 2nd Annual Monitoring Report Conduct and Submit 3rd Annual Monitoring Report Conduct and Submit 4th Annual Monitoring Report Conduct and Submit 5th Annual Monitoring Report 1 Month after Permit Issuance 6 Months after Permit Issuance IS Months after Permit Issuance 30 Months after Permit Issuance 42 Months after Permit Issuance 54 Months after Permit Issuance 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 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 screens will be upright and maintained intact for the duration of construction, and will comply with all provisions listed in Section 6.00.05.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 the 25-acre initial mining cell, 25-acre scrape-down area, 45.5-acre recharge ditch, and 5 acre stockpile area should operations cease after the initial clearing but before the excavation of the cell. This pre-mining cost is estimated at $722,090.77. 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, removing buffer and perimeter berms, and filling of recharge ditches - Lump sum cost of grassing of areas disturbed by the operation - Lump sum cost for as-built survey certified by a registered Professional Surveyor The post-mining cost with a 10% contingency is estimated to be $2,570,434.00 for the first eight cells. ENGINEERING POST MINING SUB-TOTAL = $2,570,434.00 TABLE 1 NORTHERN 8 CELLS LIST AND COSTS 3.6 acres UTZ Littoral Zone Plants - BR 2' o.c. Plant Type (incl. Quant. install) Total Panicum hemitomon Maidencane 2,520 $0.60 $1,512.00 Cladium'amaicense Saw rass 3,120 $0.60 $1,872.00 Eleocharis baldwinii S ikerush 2,880 $0.38 $1,080.00 S artina bakeri - Sand cord grass 2,880 $1.20 $3,456.00 Juncus effusus Soft rush 2,700 $0.60 $1,620.00 Pontederia cordata Pickerelweed 2,880 $0.60 $1,728.00 Sa ittaria lancifolia Arrowhead 2,700 $0.60 $1,620.00 Sci us validus Soft-stem bulrush 3,300 $0.60 $1,980.00 Eleocharis cellulosa Gulf Coast s ikerush 2,880 $0.60 $1,728.00 Eleocharisinterstincta Knotted s ikerush 2,880 $0.60 $1,728.00 Sci us californicus Giant bulrush 3,300 $0.60 $1,980.00 Sagittarla latifolia Duck potato 2,880 $0.60 $1,728.00 Rh nchos ora s pp. Beaksed a 2,490 $0.60 $1,494.00 Utricularia s pp. Bladderwort 2,490 $0.60 $1,494.00 Total $25,020.00 UPLAND TRANSITION ZONE PLANTING MATERIALS $ Each Canopy Trees - 7 gal, 20' o.c. Plant Type (incl. install Total Pinus elliottii densa Slash Pine 55 $22.50 $1,237.50 Quercus virginiana Live Oak 35 $30.00 $1,050.00 Quercuslaurifolia Laurel Oak 50 $22.50 $1,125.00 Sabal palmetto Cabbage Palm 80 $37.50 $3000.00 Acerrubrum Red Maple 40 $22.50 $900.00 Taxodium distichum Bald C ress 40 $30.00 $1,200.00 Magnolia vir iniana Sweetba 30 $30.00 $900.00 Persea alustris Redba 30 $30.00 $900.00 Ilex cassine Dahoon holl 45 $22.50 $1,012.50 Upland Shrubs/Ground Cover -1 gal, O.C. Serenoa re ens Saw palmetto 2,982 $7.50 $22,365.00 Andro ogon virginicus Broomsed a 2,970 $3.75 $11,137.50 Era rostiselliottii Elliott's love rass 2,982 $3.75 $11,182.50 Era rostis s ectabilis Purple love rass 2,970 $3.75 $11,137.50 M nca cerifera Wax Myrtle 2,982 $3.75 $11,182.50 S artina bakeri Sand Cord grass 2,970 $3.75 $11,137.50 Total $89,467.50 GRAND TOTAL $114,487.50 7 Preserve Areas, Littoral and Upland Transition Zone Maintenance Costs: Quarterly Treatments @ $1,200.00 each x 4 = $4,800/year x 5 years = $24,000.00 Annual Monitoring @ $1,500 per report x 5 years = $7,500.00 SR 68 LANDSCAPING COSTS - SR 68 landscaping -1-1 1 Plant Type Quant. Size Price Ea. incl. install Total 12'Hx5' Quercus virginiana Live Oak 173 W $150.00 $225.00 $38,925.00 Walter's Viburnum obovatum Viburnum 2,150 3gal, 2' OC. $4.50 $6.75 $14,513.00 Paspalum notatum Bahia grass 108,350 sf $0.24 $0.36 $39,006.00 Mulch $1,250.00 Irrigation lump sum $24,000.00 Sub Total $117,694.00 110% Contingency Total $129,463.00 1 year of mowing $8,400.00 Grand Total $137,864.00 MCZ 1,200 Preserve Re-Planting (6 Acres) Understory, Gal - 3' o.c. Plant Type Quant. (incl. install) Total Callicarpa americana American Beaut ber 7,750 $3.00 $23,250.00 Psychotria nervosa Wild Coffee 7,750 $3.00 $23,250.00 Serena repens Saw palmetto 71010 $7.50 $52,575.00 Myrica cerifera Wax Myrtle 7,250 $3.75 $27,187.50 $126,262.50 Assorted Trees, 7 Gal - 20' o.c. Pinus elliottii densa Slash Pine 175 $22.50 $3,937.50 Quercus virginiana Live Oak 175 $30.00 $5,250.00 Quercus laurifolia Laurel Oak 170 $22.50 $3,825.00 Sabal palmetto Cabbage Palm 150 $37.50 $5,625.00 $18,637.50 GRAND TOTAL $144,900.00 Total Post-Mining Littoral/UTZ Planting Costs = $114,487.50 10% Contingency for Littoral/UTZ Plants = $11,448.75 Protective Fence Installation around Preserves = $7,500.00* Initial Exotic Removal within On-site Preserves = $22,500.00 Preserve Re-Planting = $144,900.00 Total Post-Mining >ittoral/UTZ Maintenance Costs = $24,000.00 Total Post-Mining Littoral/UTZ Monitoring Costs = $7,500.00 SR 68 Landscaping with 10% contingency = $137,864.00 ENVIRONMENTAL AND LANDSCAPING SUB-TOTAL = $470,200.25 *To be completed as part of mining activities and therefore subject to partial bond release. Therefore, the GRAND TOTAL cost for the reclamation bond is $3,040,634.25 ($29570,434.00 + $4709200.25). PAMMP FIGURES 1- LOCATION MAP 2 - PRESERVE AREAS AND MONITORING MAP 3 - TYPICAL PRESERVE AREA SIGN 4 - PRESERVE AREA RE-PLANTING PLAN z 0 z 0 w a PRESERVE AREA MONITORING MAP CONSULTANTS, INC. EW CONSULTANTS INC. JULY 2010 sue, xti?'?4 , 2081 OCEAN BOULEVARD, SUITE 2B STUART, TFLORIDA IDA 3 34996 FIGURE +s:rp;?aa3 772.287.8771 FAx 772.287-2988 9 0 N U E WWW.EWCONSULTANTS.COM UAIW LWtl • ..___... _...._.. . I .._ -, PRESERVE AREA 2 - (0.5 AC) EVERY 500' OC ALONG THE PRESERVE AREA. PRESERVE AREA 3 - (14.3 AC) ORANGE BARRICADE FENCING WILL BE ->0 - MONITORING STATION INSTALLED AND MAINTAINED AROUND PRESERVE ??- TRANSECT WITH STATI^` 2OOURING CONSTRUCTION. -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 COUNTY PRESERVE SIGN 0 CONSULTANTS INC. EW CONSULTANTS, INC. JULY 20'10 k, I ?L g - 2081 SE OCEAN BOULEVARD, SUITE 2B z 34998 FIGURE STUART, FLORIDA 772-287.8771 FAX 772.287.2988 w MW WWW.EWCONSULTANTS.COM 3 I N.T.S. Understory Callicarpa americans - American Beautyberry Psychotria nervosa - Wild Coffee Myrica cerifera - Wax Myrtle Serenoa repens - Saw Palmetto gal, T 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 1200 i5 TYPICAL 500SF" AREA - g PRESERVE AREA REPLANTING PLAN w ?- _ CONSULTANTS INC. EW CONSULTANTS INC. JULY 2010 a r " , 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE z . s d?< s' STUART, FLORIDA 34996 1' X ? f 772.287.8771 FAX 772.287.2988 EWCONSULTANTS COM WWW a .. F4k. .y ,. . . APPENDIX A MCZ 1,200 MINE EASTERN INDIGO SNAKE PROTECTION PLAN 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 CONSULTANTS9 INC. February 2012 © 2012 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. The MCZ 1,200 Mine site project includes the excavation of a 677.71-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 (Photo 1) with some red or cream coloring on the chin or sides of the head (Photo 2). Photo 1: 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 indigo 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 INDIGO SNAKES PROTECTED EW Consultants, Inc. 2081 SE Ocean Boulevard, Suite 213 Stuart, FL 34996 Created by: IDENTIFICATION The Edstern 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 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. 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 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. Clearing 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 wildlifel 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 Contaotthe following agencies if Eastern Indigo 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: EASTERN INDIGO SNAME PROTECTION Eatsm Ivdtbw seats hasn some red as... satosmg ahaut the mmaad silos nrwehead. Eastern indigo snakes may be present on this site. Tile eastern indigo snake is a but e, docile, tun-po8mmtu shake grorsiug to amaximu s length of about Blest. The color in built young and adults is shiny bluish-black, including the belly, with some red[creammloriug aboutthe chin and sides of the head Y The indigo snake is found in high, dry, well-drained sandy suits. During uanmermondns, indigos also frequent streams and snnmps, and individuals are occasionally fund in pine flanwads. Gopher tortoise burrows, other subterranean cavities, decayed shimps and logs are commonly used m dens and for egg laying. i, Avoid harming eastern indigo snakes mratry over snake. r If a snake is observed during construction, cease any activity until the snake has fled the area. If a dead saakeis fmudcall thereferemcedagencies. Soaktheremainsin under and freeze the specimen nuhl it can be retrieved. iha Endmegerad.yperiu.{tt [E£4) aflAe"3 mak s it. vtvtmivn to "dvrass, Rahn. puasaa. hump shoot, ummd Hit. .Pa.. or svliaccm?dna8w'ad vrfhmnfanad sear/as Wain@wu ran resnnin,Mas NnD ro S?a,0a0 m, d%ar uP ro vnayearinpri:an. Contact the following aeencies if eastern indigo snakes sre observed. or dead specimens are discovered: U.S. Fish & Wildlife Service: 772-562-3909 Florida Fish & Wildlife Conservation Conmuission: 800-282-8002 Only an Inh4lLA nL0 has beenadiar and W nd by. SNfIan lf\axiJ(it] yawn v&%.4 by iDe Service. ordsignaul as an agem aides sun ofMGws by she Finaids Fish a Vktli&ife Coemwadon Conasmien an such acthi&s.k'eaft ei to sin iasvausc nth tessRnia anautemirdi'aWs. DO NOT BARN OR NAUSS IDeeasl ieftsu osvakei's QaAe,non-paumeous sad.'asin6 to-8 futhiteagth. 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 June 2012 The following Lake Area Monitoring and Maintenance Plan is provided for the northern eight (8) cells of 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 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 11.05.11.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 permit, which ever first occurs. This language is included on the engineer's reclamation plans, as well. MCZ 1200 LAMP June2012 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 Management 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 June2012 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 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 June2012 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 Upland 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 513-57.007 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 exotic 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. 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. MCZ 1200 LAMP June2012 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 aru 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 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: Activity Date Submit Baseline Letter* Conduct and Submit 1 st Annual Monitoring Report Conduct and Submit 2nd Annual Monitoring Report Conduct and Submit 3rd Annual Monitoring Report Conduct and Submit 4th Annual Monitoring Report Conduct and Submit 5th Annual Monitoring Report 1 Month after Plant Installation 12 Months after Plant Installation 24 Months after Plant Installation 36 Months after Plant Installation 48 Months after Plant Installation 60 Months after Plant Installation *Notice to County that planting of northern eight cells is complete MCZ 1200 LAMP June2012 LAMP APPENDIX LITTORAL AND UPLAND TRANSITION ZONE SITE PLAN (FIGURE 1) LITTORAL ZONE MONITORING MAP (FIGURES 2,2A, and 2B) 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) 330' FPL EASEMENT - -OUTFALL STRUCTURE (TYP) tfv1IT:OF''..' ?rFTSRP?:& LEGEND - PHASE 1 MINING PIT 316.4 AC ( ) °- 20' UPLAND TRANSITION ZONE (3.6 AC) 20' LITTORAL SHELF (3.6 AC) PFiOPiiSEp.ETJG.E... SEE DETAIL ' TOTALS 15,610 LF SHORELINE X 10'= 156,100 SID FT 3.6 AC OF LITTORAL ZONE REQUIRED 3.6 AC OF UTZ REQUIRED I r LIMIT OF 20' UTZ = 3.6 AC LITTORAL & 20' LITTORAL ZONE = 3.6 AC 75 UTZ W N T S . . . z i PLC 0 5 J 6 K ORANGE A n 4 MCZ 1200 - LITTORAL & UTZ PLAN 0 3 o "N ?TANYS IN`' w EW CONSULTANTS INC JUN 2012 , . 1000 SE M C FIG E ONTEREY OMMONS BLVD., SUITE 208 UR STUART, FL 34888 N S E sue..Ey.; 772.287.8777 FAX 772.287.2988 WWW.EWCONSULTANTS.COM PHASE 2 330' FPL EASEMENT -OUTFALL STRUCTURE (TYP) LEGEND -PHASE 1 - MINING PIT (316.4 AC) ?- 20' UPLAND TRANSITION ZONE (3.6 AC) 20' LITTORAL SHELF (3.6 AC) SEE DETAIL TOTALS 15,610 LF SHORELINE X 10'= 156,100 SQ FT PL NY F_ J 6 K N O 3.6 AC OF LITTORAL ZONE REQUIRED 3.6 AC OF UTZ REQUIRED J Q 20' UTZ = 3.6 AC Q 20' LITTORAL ZONE = 3.6 AC U ->cD - MONITORING STATION Lo N U D KEY U)) SHEET TIA `' 2B i' - N.T.S. r ORANGE AVE MCZ 1200 - LITTORAL & UTZ MAP 0 J tt °o 00N9 VLTANT#r9 INC. EW CONSULTANTS, INC. JUNE 2012 1000 SE MONTEREY COMMONS BLVD., SUITE 208 FIGURE N STUART, FL 34996 .' 772.287.8771 FAX 772.287.2988 2 r WWW.EWCONSULTANTS.COM --------------------------------- -20' UPLAND TRANSITION ZONE SEE DETAIL FIGURE 3A I I I PROPOSED I EDGE OF WATER j N U cl I I I LI I II I I ?. 20' LITTORAL SHELFI r- SEE DETAIL FIGURE 3A I I II I I it I I I I. i PLC` I I I ? SHEET 2A SHEET 26 I KEY SHEET LEGEND 4j 2A = - MINING PIT (316.4 AC) ' 0 400 { 2B I 6=mmmmmmmmJ "L++J??? MONITORING STATION SCALE IN FEET MCZ 1200 - LITTORAL & UTZ CON80 LTANTB INC. JUNE CONSULTANTS, INC. 20i2 ,?? qtr + 1000 SE MONTEREY COMMONS BLVD., SUITE 208 FIGURE ^^;i STUART, FL 34996 772.287.8771 FAX 772°287.2888 WWW.EWCONSULTANTS.COM 2A 9 IF I I SHEET 2A -- -- I . 20' UPLAND TRANSITION ZONE i SEE DETAIL FIGURE 3A j ?I ? C? ?I I. I I rl I I .. Ali J j. 20' LITTORAL SHELF ---y{?? - Q SEE DETAIL FIGURE 3A CI U Lo N I. I U F ? I III ? 'PROPOSED' j PL=,' cn I EDGE OF WATER I. I -?1 I ----- -------------- c I SHEET 2B -f---------------------------------------- K __Y SHEET LEGEND 0 400 A -MINING PIT (316.4 AC) ?SCALE +-? -g ->Eo - MONITORING STATION MGZ 1200 - LITTORAL & UTZ co40uLTA" 1R?. EW CONSULTANTS, INC. JUNE 2012 s, 1000 SE MONTEREY COMMONS BLVD., SUITE 208 FIGURE STUART, FL 34996 772-287r8771 FAX 772287-2988 WWW.EWCONSULTANTS.COM 2B P 0 a O °o 20' LITTORAL SHELF 20' LAKE UPLAND _ TRANSITION Littoral Zone Ground Cover ZONE BR-2'o.c. Upland Shrubs and Ground Cover -1 gal, 3b.c. Trees 7 gal, 20' O.C. CONTROL ELEVATION = 18' PLAN VIEW TYPICAL UTZ & LITTORAL ZONE N.T.S. J F W O Q M LL MCZ 1200 - LITTORAL & UTZ O 3 0 N CONSULTANTS, 1NC. EW CONSULTANTS, INC. * - - ! 1000 SE MONTEREY COMMONS BLVD., SUITE 208 STUART, FL 34996 l a !x 772.287.8771 Fax 772.2872988 WWW.EWCONSULTANTS,COM JUNE 2012 FIGURE 3A NATURAL GROUND EL=22' EL7719' ,EL=11' EL=12' ?TRANSITI ' ZONE 20'UPLAND TRANSITION ZONE SUSMER ED BERM OPEN WATER LITTORAL, UTZ, & BERM PLAN VIEW N.T.S. 20' LITTORAL SHELF LITTORAL, UTZ, & BERM SECTION N.T.S. T MAXIMUM ABOVE 1 AVERAGE WATER LEVEL CONTROL ELEVATION =18' \:TAvi, ' MAXI MUM BELOW RAGE WATER LEVEL .1 10' 1 10 LITTORAL ZONE PLANTING MATERIALS Littoral Zone Ground Cover - BR, T o.c. Cladium jamaicense - Sawgrass Pontederia cordata - Pickerelweed Sagittaria latifolia - Duck potato Panicum hemitomon - Maidencane Utricularia spp. - Bladderwort Eleocharis baldwinii - Roadgrass Eleocharis celfulosa - Gulf Coast spikerush Eleocharis interstincta - Knotted spikerush Scirpus califomIcus - Giant bulrush Scirpus validus - Soft-stem bulrush Spartina baked - 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. MCz 1200 LITTORAL PLANTING MATERIAL 0 3 G 0 0 N V F CONSULTANTS, 10C. EW CONSULTANTS, INC. JULY 2010 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE STUART, FLORIDA 34998 772.287.8771 FAx 772.287.2988 4B WWW.EWCONSULTANTS.COM Littoral Zone Plants- BR 2' o.c. Plant Type Qua nt. Panicum hemitomon Maidencane 2,520 Cladium jamaicense Sawgrass 3,120 Eleocharis baldwinii Spikerush 2,880 Spartina baked ;Sand cordgrass 2,880 Juncus effusus - Soft rush 2,700 Pontederia cordata Pickerelweed 2,880 Sagittaria lancifolia Arrowhead 2,700 Scirpus validus ,Soft-stem bulrush 3,300 Eleocharis cellulosa Gulf Coast spikerush, 2,880 Eleocharis interstincta Knotted spikerush 2,880 Scirpus californicus Giant bulrush 3,300 Sagittaria latifolia Duck potato 2,880 Rhynchospora spp. Beaksedge 2,490 Utricularia spp. Bladderwort 2,490 (UPLAND TRANSITION ZONE PLANTING MATERIALS 'Canopy Trees - 7gal, 20' o.c. Plant Type Pinus elliottii densa Slash Pine 55 Quercus virginiana Lire Oak 35 Quercus laurifolia Laurel Oak 50 Sabal palmetto Cabbage Palm 80 Acer rubrum Red Maple 40 Taxodium distichum Bald Cypress 40 Magnolia virginiana Sweetbay 30 Persea palustris Redbay 30 Alex cassine , Dahoon holly 45 Upland Shrubs/Ground Cover - 1 gal, 3' o.c. Serenoa repens Saw palmetto 2,982 Andropogon virginicus i;Broomsedge 2,970 Eragrostis elliottii Elliott's lovegrass 2,982 Eragrostis spectabilis Purple lolegrass 2,970 Myrica cerifera Max Myrtle 2,982 Spartina baked Sand Cordgrass 2,970 MCZ 1200 MCZ 1200 - LITTORAL & UTZ - TABLE 1 0 3 J CONSULTANTS INC. EW CONSULTANTS INC. JUNE 20'12 O ? 'figg sN'`'L , rc 1000 SE MONTEREY COMMONS BLVD., SUITE208 FIGURE =o ' ,,, + STUART, FL 34996 $ - L 7 72-28787 7 1 FAX 772.287.2988 " F S I GAY WWW.EWCONSULTANTS.COM 4C ITEM NO. VII-E AGENDA REQUEST DATE: 914112 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI-JD ( ) CONSENT l ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer TW(I SUBJECT, MCZ/Centrum Citrus Farms Mining Permit Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. 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. ECE: COMMISSION ACTION CONCURRENCE: : ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord i nation/Sig natures Planning & Dev. County Attorney (x) Services Director Daniel McIntyre Originating Dept. ( x) I D ald West ERD Director ( x) Karen Smith (x) Mark Satterlee ? l County Engineer ( x) c' Michael Powley MCZ mine continuation of PH.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works DirectorA ?l, FROM: Michael Powley, County Engineer ?KMI DATE: September 4, 2012 SUBJECT: MCZ/Centrum Citrus Farms Mining Permit Application ITEM NO. VII-E Background: This item is a companion item to VII-D, the Conditional Use Application for MCZ Centrum Citrus. This public hearing is a continuation of the initial public hearing held February 1, 2011. Since that date the site plan has been redrawn reducing the scale of the proposed operations. Most significant of the changes is the reduction of the lake. Where before 15 cells were proposed, only eight cells are now requested with a proportionally smaller footprint. 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 mining activity has previously been approved. Access to and from the site will be via Orange Avenue to Kings Highway. 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. On February 1, 2011, a Public Hearing was held to discuss the MCZ Mining Permit application. Because of the uncertainty surrounding the Florida Department of Transportation's (FDOT) Orange Avenue shoulder widening project, both in scope and time frame, the Board granted the applicant a continuance to a date uncertain. Staff has met with the applicant's representatives, as well as FDOT's project managers, on several occasions since the February 2011 Public Hearing. The applicant remains steadfast in his intentions to pursue the mining permit and develop the mine. Likewise, FDOT continues the design of their project to construct shoulders (5-foot paved and 3- foot unpaved) between Graves Road and Kings Highway. This work will require the replacement of four culverts along the route. St. Lucie County is replacing two of them and FDOT has agreed Engineering Division September 4, 2012 Agenda Item VII-E Page 2 to replace two. St. Lucie County is contributing funds towards the culverts FDOT is replacing. The current schedule is not yet finalized, but construction is anticipated to begin in mid-year 2013. The estimated duration is approximately 18 months. In all of our meetings, the applicant has consistently expressed a desire to move forward with their application. The condition that no commercial truck trips from the mine may occur until the FDOT shoulder widening is extended to their property remains. In order to construct the shoulders and extend FDOT's construction to their property line, the applicant proposes to open one cell of the mine in order to provide the necessary materials for their contractor. Trucks would be permitted to travel from the mine to the construction area but not further. No commercial truck trips could occur until the newly constructed roadway is able to be opened for its intended use. After acceptance, the improvements would belong to St. Lucie County for ownership and maintenance. It is important to note that one culvert along the route will require replacement by the applicant prior to road and shoulder improvements. These requirements are incorporated into the permit Conditions of Approval. All of the General and Special Conditions are presented on the attached draft mining permit and engineering plans (Attachment A). These conditions are very similar to previous permit applications. Also attached is the Environmental Resources Department Final Report (Attachment B). As was done for the initial public hearing, 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). Previous Action: November 9, 2010 - Board approved permission to schedule a public hearing. December 7, 2010 - Board approved continuance to February 1, 2011 or soon thereafter. February 1, 2011 - Board approved continuance of the mining permit public hearing to a date uncertain. Staff to report back on application status in 90 days. May 17, 2011 - MCZ/Centrum Citrus Farms Mining Permit Application Update. August 7, 2012 - Board approved permission to schedule a continuance of the 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. 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 33455, to mine sand and rock from the following described land in St. Lucie County, Florida. LEGAL DESCRIPTION PARCEL A THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 S( THEREFROM THAT PROPERTY CONVEYED TO THE WARRANTY DEED RECORDED IN O.R. BOOK 52, A' LUCIE COUNTY FLORIDA AND LESS AND EXCEPT -:h THE CENTRAL AND SOUTHERN FLORIDA FLQ,bD? RECORDED IN O.R. BOOK 56, AT PAGE 581 QF TF7 FLORIDA, AND THE EAST 3/4 OF SECTION 5, AATD?zE LYING NORTH OF ORANGE AVENUE EXTENSIONS', SECTION 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST. PARCEL B ALL THAT PORTION OF THE WEST 1/4 0&1 RANGE 38 EAST LYING EAST OF THE CEN11 USE, AND ALL OF I'HAT ,6 -6JO I OF THE VJ SECTION 5, TOWNSHI `8; SOUTH; I NOE 38 MAID ROAD AS LA16Z AND IN JS . PARCEL C TH?,?1tA2yGE 38 EAST LESS AND EXCEPT LQRID'4?IATE TURNPIKE AUTHORITY BY AGE 92`'0 F;THE PUBLIC RECORDS OF ST. EREFROMTHAT PROPERTY CONVEYED TO ONTROL DIS'IkrT BY WARRANTY DEED PUBLIC RECO" QF ST. LUCIE COUNTY, r PART OF THE EA`W3/4 OF THE NORTH 1/2 ATE RQAD 68 A/K/A`>TATE ROAD 162) OF 1/2 OFD , ,CTION 8, TOWNSHIP 35 SOUTH, WTE %Jb-.ROAD AS LAID OUT AND IN LS SHE NORTH 1689 FEET THEREOF OF G 'E` 1 ,QF THE CENTERLINE OF MINUTE ALL THAT 1 ORTION OE T11E NOR-1311 1689 FEET _qF THE WEST 1/4 OF SECTION 5, TOWNSHIP 35 SOUTH, MANGE 38 EAST ;:LYING BAST OF T13E' CENTERLINE OF MINUTE MAID ROAD AS PRESENIQ MAMTAINED AM, USED' Containing 12`T9 4 Acres More br,Less. According to the mmjrJg plan ',A le in the County Engineer's office and approved by the Board of County COmm15S10I1XS., ($p{.C) on September 4, 2012, this permit is subject to Conditional Use Permit Resolution ragraphs 1 through 12 of the General Conditions of this Mining Permit and paragraphs 1 through 41 of the Special Conditions of this Mining Permit. GENERAL CONDITIONS: The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittee and enforceable. The permittee is hereby placed on notice that the County will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants, or representatives. Page 1 of 8 2. This Class II permit is valid for 20 years and only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the County. 3. The issuance of this permit does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws, or regulations. This permit does not constitute a waiver of or approval of any Q$laor County permit that may be required for other aspects of the total project which a ,fiot addressed in the permit. 4. This permit conveys no title to land or water,,,dbe riot<eonstitute County recognition or acknowledgement of title, and does not co tSYitute aufhi&Uy for the use of submerged lands unless herein provided and the nee ssary title or 1esehold interests have been obtained from the state. _..,._ a. 5. This permit does not relieve the permitt"Wifrom lial lily for harm",?or.injury to human health or welfare, animal, plant, or aquatic hf$ioi prpperty and penalti8sherefore caused by the construction or operatibq,bf fiiis permitted S urce, nor does it allow the permittee to cause pollution in contr yfi?py? of Florida :?latutes and County rules, unless specifically authorized by an or ei;from 1Jjgounty. 6. The permrttee sli'll`t all times prp?rly o ole ail marntn the facilities (and related appurt enance L;h`at are irialled or u?od bha perm#te to achieve compliance with the conditions of this permit)?is provrsrg includes the `operation of backup or auxiliary facilities or sroula "systerrl wY gcessary to`. achieve compliance with the conditions of the 7. The' permrtteeccept4 this perm%.1*', ecifically agrees to allow authorized County potrnel, upon pesxltation o:;credentials or other documents as may be required by law','4 Bess to the pr& ites, at i'kasonable times, where the permitted activity is located or conducTftfor the nuw&`,:of: A. Hav `rid copying any records that must be kept under the conditions iig ;?ccess tpE?mg of the pt'i-, lt- 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. 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 Page 2 of 8 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•,,;pzpperly notified of the non- compliance. The permittee shall be responsible for any subject to enforcement action by the Couni which may result and may be :evocation of this permit. 9. This permit applies only to the land\.4A6, ribed in the permit,?4nd is transferable to a purchaser of the land only upon CouriO. 44 proval. The permitteee`•,&p1l be liable for any I ;.. . non-compliance of the permitted activity until the ,County approve ;{the transfer. No \ %> County approval shall be required for a lessee Qr hcetfsee to operate tijelnine, provided that title to the land is not cohy'ye` 10. All permits and addendums alohg;wrth.,pl t must re ri4in on job site during the entire period of construction-or operation,`.',` ` 11. When requested by the County, the p?tmrtte shall, vlihrrr a reasonable time, furnish any information req tred by lavv.which is need to determine compliance with the permit. If the permittee becWhes awgr that relevailtfacts were not submitted or were incorrect in the,;p:?lication,or:.1.n anq_xeport to the :County, such facts or information shall be 12. Tfg.,,mining activif esp., desdi, 6,d` in this permit shall consist of the mining activities deprftW on the drawl s, prep6N.&by East Bay Group, LLC dated July 25, 2012 and date stamp deceived by th` Public 'Rbrks Department, Engineering Division on August 3, 2012. - •. `a3 SPECIAL 1. Prior to issuance of"2``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. Prior to release of the Pre-Mining bond for cells 1 and 2, all invasive exotic vegetation located within the preserves and other areas within the Conditional Use boundary not proposed for mining shall be removed (LDC Section 7.09.05). 3. Prior to the 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 approved 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 shall be provided tw?;Jhe Environmental Resources Department, as well as the appropriate state and/or fp416,, I'agencies. In the event that the applicant obtains written documentation from tl<S Fish and Wildlife Service for federally-listed species or the Florida Fish auc(Til'` Y3e., Conservation Commission for ,.., state-fisted species, indicating that updated S1 ii ?s will'be required for this project, this condition of approval will be considers a$dressed. 4. The applicant shall plant trees along fl 0 ,ipine's northern and eMt'ern boundaries, should the SFWMD remove the berm along ttie G,-24 anti:-G-25 canals E;<<) he trees shall be ,. ,t. planted within 180 days of berm rem Val `m ,manner appr6? d, by the SLC Environmental Regulations,,Wtt ,z, ands Manag The applicant shall'"`cooperate with SFWMD on any request relato{ to r.`er}}oyal of the ? . 5. Within 90 days of issuance of az..egetatf' W Removaf V`6xmit or Exemption for mining activities landsGapf"*g shall be msiMled as sl oW.n Qn thet(pproved Landscape Plan. The ERD Director #' ext"n? he time pcripd f6 planting p to an additional 12 months. 6. Within 90 days `of issuanebf a Vegeladon Removal Permit or Exemption for mining activities2 the six foot higlk buffer berm s1(hl be installed in accordance with approved `af !nmg'P tnrit aPProvfil'or prior to issuance of a Vegetation Removal ,hm 90 days 7. I% h Peinnil or Exemptro whiefi6br, comes first, the applicant shall provide the required Env?gental Resoeixr,es Dej,'4?tment-approved Preserve Area Monitoring and Manage'i%lent Plan (PAM:MP) affidavit, and a cashier's check, payable to the Clerk of the Court for tliepppropriateVAMMP recording fees, to the County Attorney for review and approval 8. Dewatering pumps» shall utilize only electric power. Diesel back-up pumps are acceptable. 9. All roadway striping shall be thermoplastic. 10. Only one cell shall be mined at any one time. Prior to mining a new cell, the permittee shall notify the County Engineer in writing. 11. The applicant shall be required to comply with applicable National Pollutant Discharge Elimination System (NPDES) requirements. Prior to commencing of mining operations, soil tracking prevention devices designed and constructed per Florida Department of Page 4 of 8 Transportation (FDOT) regulations or alternatives approved by SLC shall be installed prior to egress onto Orange Avenue that shall remove excess materials from the tires and under carriage of a haul truck. 12. 13. 14. 15. 16. 17. 18. There shall be no blasting permitted within the mining operation. The cumulative results of all monitoring wells shall be provided on the appropriate basis (same as required by SFWMD). Water consumption shall not exceed 3,000,000 gallons per day. No operations on holidays (as observed by SLC), or S,u ays. No dewatering shall occur before a SFWMD and receipt verified. All equipment, machinery and An properly removed from the site at the All bonds shall provide that the County sh41 the bond. Bonds shall only be eased with 19. FDOT is anticipated to cons""tr}ct Avenue from Graves Road to th0i; responsible for reecgnstructrng Ofi Graves Road or the`. Stern limit 8-foot shouldef,? feet pavQtl and 3 roadway, and %,4inage sQ be iii culvert opposite `of?3XCnight?e9ad. ti basecbo on>l15% ofeati ei eirYe ? s ilestones for reViey> EniYleeX prior to coriir permit; `thy, applicant The form obond shall to the County Engineer rich are acd4sory to mining, shall be of the permit. notice prQx to expiration of thp., shoulders "d d;4 improve the drainage of Orange rterseetlop. of King Iighway. The applicant shall be ge Avery from the. mine's east property line to Ahe FDG3T Improvem ts), at applicant's cost. An feelhup rgved) Nill %p constructed on each side of the rprR? -'including the replacement of a deteriorating A bow for the foregoing construction, in an amount Rtrmat pf,probable cost and approved by the County l$Oay§ bT permit approval. Construction plans for 'mited`:'fo the county at the 30%, 60% and 90% ;nts. These plans shall be approved by the County l construction. Prior to the issuance of a right-of-way a Road Improvement Agreement (RIA) with SLC. I by the County Attorney. 20. The applicant hAll, als;4`56 responsible for constructing improvements along the mine's frontage on Orainge:%Xenue, in accordance with the approved turn lane plans for the mine. Prior to the I's`suance of a right-of-way permit, the applicant shall execute a RIA with SLC and submit a surety for the proposed public improvements. An engineer's estimate of probable cost shall be submitted to the county for approval. The amount of surety shall be 115% of this cost. The form of surety shall be approved by the County Attorney. 21. As part of the improvements as described in Special Condition No. 20 the applicant shall submit plans for the replacement of the existing box culvert located in the driveway entrance to the mine demonstrating compliance with applicable specifications. An engineer's estimate of probable cost shall be submitted to the county for approval. The Page 5 of 8 amount of surety shall be 110% of this cost. The form of surety shall be approved by the County Attorney. The bond shall be submitted prior to commencement of construction. 22. Prior to issuance of the right-of-way permit for public improvements as described in Special Condition 20, the following bonding requirements shall be met, and accepted by the County Attorney: A. Pre-mining A pre-mining vegetation restoration bond in the total amount of $722,090.77 will be required for the mining of the eight cells and for clearing the recharge ditch and stockpile area. The bond will be held until the horizontal limits of the mining area are defined through clearing and grubbing§z,4ioerations. Incremental amounts of $103,155.82, equivalent to 50 acres can.bbA leased. The release of the bonds shall be subject to review and approvall?y te, County Engineer and the ERD Director. B. Performance A performance bond for cells gtrlrough eight of the mining plan in the amount of $3,040,634.25 is to rehabiRke the land upon cottipletion of the mining activities in conformance of the alptoved r?'Jamation plan ,`This includes the removal of all mining,equipment, est l?hshment of the Orange?Aiy.gnue landscape buffer, re-grading anc uggetation of`t},e )did and lake. All or''a portion of the bond may be released j? br` (gt onc1 siori of jh? five-year monitoring period, upon approval by the County Etgine`eX;dnd,the ERD 1 hector. No mining shall by alIpw. ed prior -way permit. 23. The hours off; tjjeratron `hall be 6Q a ftl:'` to 6 00 p•.m. Monday through Saturday (including relatkd, ::.activities such as loar3g, stockpiling, processing, etc.) The hours of operation for haul (rucks eqt&irig and lea` .R g the site shall be from 7:00 a.m. to 5:00 p.m. MgndW•tliro gh Friday 7fet ` l all be f tacking of vehicles in the public rights-of- 24. Stockpiled materiaY and hau&I "ads shall be periodically watered down during dry and/or wi conditions to mji mize ?t`Ir 4ation of sand, dust, or air contaminants to surrounding properfre's Stockpiled hghts shall%iot exceed 25 feet. 25. A VoluntartraetionsE shall be paid to SLC, on a semi-annual basis and at a rate of $0.10 per ton, ii`prat,al removed from the mine property. Applicant shall receive a credit against thektllYary Extraction Fee in the amount of any sums paid by applicant relating to (a) roarove ments made by applicant pursuant to Special Condition No. 19 above, and (b) any fee-in-lieu of construction for the multi-purpose path pursuant to Special Condition No. 38 below. 26. Violations of the mining permit or mining plan are subject to permit revocation by the 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. 27. 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. Page 6 of 8 28. 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. 29. 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. 30. Applicant shall provide the County Engineer with annual., updates on the progress of the mine, which shall include but not be limited to agw;firated output (incremental and cumulative) and a graphical representation in both%'bfizontal and vertical limits of how much area has been mined. <<' ' 31. As part of the reclamation phase, the per t{i shall provid&lhe County Engineer with an as-built survey which includes, but is„rioamited to, water`elejths, setbacks, and cross- sections (200 feet minimum). The <}iYey shall be perfo '° 1.,, and certified by a Professional Land Surveyor registered iii l] ;State of Florida. The,p*T- art y corners shall be monumented, 32. The applicant shall protect all'tvetl'0nds, as show pn page C-4 (Final Site Plan) of the mining plans, from construed i, or'`r• l ed achvrtte `ypccurring outside of the 200-foot wetland protection area through amplemeitatron of $0st Management Practices, as appropriate'` '.. S ? 33. Permittee sha be require446 record the ap roved minlij permit in the Public Records of St. Lucie County'°ywithin 90 days of peril it issuance. Copies shall be provided to the 34. Orange Avenue and the approved haul 35, No corrercial mmmg belated teak traffic is permitted to or from the mine until the reconstfu"otion of Oran'&%venue`fiom the mine's west property line to the intersection of Kings<Hlghway and, Orange Avenue has been completed. However, during the reconstruction Of Oran1e Avenue mining will be permitted solely to provide material for such reconstructor, of C}range Avenue. Mining of these materials shall be performed following the Oper"nal Statement from the Mining Site Development Plans approved by the County. 36. All construction shall meet or exceed SLC Engineering Division standards and requirements. 37. After the completion of excavation of the eight cells, or before the expiration of the mining permit, whichever occurs first, the applicant shall coordinate with SFWMD to evaluate opportunities to use the lake as a restoration and water quality improvement project. The SFWMD has expressed interest in this opportunity. Page 7 of 8 38. 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 prior to the issuance of the right-of-way permit for public improvements as described in Special Condition 20. 39. Prior to commencement of mining, 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. 40. If prehistoric or historic artifacts, such as pottery or-Ceramics, stone tools or metal implements, or any other physical remains that couldlessociated with Native American cultures, or early colonial or American settlement,ncountered at any time within the project site area, the permitted project shoal q, ei activities involving subsurface disturbance in the immediate vicinity of„suC''discoVeii s. The permittee or other designee, is required to contact the Florida ITepartment d 5,' e, Division of Historical Resources, Review and Compliance Sef `o1 s,;; 41. Within 180 days after receiving Mining Is llmt approval, the a ";A4nt shall convey the required road right-of-way for Minute Mardoad tot?Y T ucie County srl ;accordance with the approved site plan for th?tp,e. Manner afitthi of conveyance shti{] be acceptable to the County Att orney. The skefefr.nd legal desertion shall be prepared by a Florida licensed surveyor and mapper ?)?railaYat o;Chapter p03 of the St. Lucie County Land Development Code, the applicant k}ay be grated credit"s'i'gpinst their road impact fees. 2012 Mic`h'ael V. Powley, P.E. County Engineer Page 8 of 8 Environmental Resources Department Final Report TO: Mike Powley, County Engineer THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Benjamin Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: August 20, 2012 SUBJECT: MCZ Centrum Citrus Class II Mining Permit Background The Environmental Resources Department (ERD) is in receipt of the August 6, 2012 Engineering date-stamped resubmittal. The applicant is requesting a Class II Mining Permit approval of a 349.7-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. Findings The reclaimed mine will yield 316.4 acres of open water, 3.6 acres of littoral vegetation and 3.6 acres of upland transition vegetation. In addition to above, the site plan includes on-site upland areas that will require preservation, monitoring, and maintenance activities. The first is 1.9+/- acres of cabbage palm - oak hammocks located between the mine and Orange Avenue; the second is 14.3 acres of disturbed habitat, consisting of Brazilian pepper (invasive exotic species), native oaks and cabbage palms along Minute Maid Road. 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 applicant is responsible for updating the survey if required by the US Fish and Wildlife Service. The August 2012 Preserve Area Monitoring and Management Plan includes an Eastern Indigo Snake Protection Plan. The US Army Corps of Engineers (Corps), in coordination with the US Fish and Wildlife Service, will evaluate the potential for impacts to federally-listed species. Wood Stork impacts will be mitigated through reclamation of littoral and upland transition zone areas. A condition of approval requires that US Fish and ATTACHMENT B Environmental Resources Department Final Report MCZ Centrum Citrus Class II Mine Permit August 20, 2012 Wildlife Service and Corps permits/approvals be provided prior to commencement of clearing activities. In addition, the applicant has provided a Reclamation and Lake Area Monitoring and Management Plan for restoration activities post-close of mining operations. The Reclamation Plan requires a littoral zone to improve wading bird habitat. The applicant is required to bond restoration activities and has included a cost estimate in the submittal. ERD requires the preserve area management be initiated through the removal of exotic vegetation. ERD requires the applicant provide for landscaping along Orange Avenue and replanting of preserve areas after the removal of exotic vegetation. Performance bonds are required for the cost to re-sod the 25-acre initial mining cell should operations cease after clearing. 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 (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 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 for Cells 1 and 2, all invasive exotic vegetation located within the preserves and other areas within the Conditional Use boundary not proposed for mining shall be removed (LDC Section 7.09.05). 3) 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 approved 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 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 documentation from the US Fish and Wildlife Service for the 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. 4) 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 within 180 days of berm removal in a manner approved 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. Page 2 S:\ENGiCAPITAL PROJECTS\MINING PERMITS\MCZ Mine\ESB-Special Conditions Revision\ERD\ MCZ Mine Permit Final Report.docx Environmental Resources Department Final Report MCZ Centrum Citrus Class II Mine Permit August 20, 2012 5) Within 90 days of issuance of a Vegetation Removal Permit or Exemption, 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 12 months. 6) Within 90 days of issuance of a Vegetation Removal Permit or Exemption for mining activities, the six-foot high buffer berm shall be installed in accordance with approved plans and specifications. 7) 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. 8) 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. 9) A pre-mining Vegetation Restoration Bond in the total amount of $722,090.77 will be required for the mining of the first two 25-acre cells and for clearing the recharge ditch and stockpile area. The bond will be held until the horizontal limits of the mining area are defined through clearing and grubbing operations. The bond may be released or may be applied to the next cell in proportion to its size. The payment and release of the bonds shall be subject to review and approval by the County Engineer and the ERD Director. Upon written request to, and approval by the County Engineer, it will be returned. Prior to mining the next consecutive cells the applicant must deliver this bond to the County. 10)A Performance Bond for cells one through eight of the mining plan in the amount of $3,040,634.25 is to rehabilitate the land upon completion of the mining activities in conformance of the approved reclamation plan. This includes the removal of all mining equipment, establishment of the Orange Avenue landscape buffer, re-grading and re- vegetation of the land and lake. All of 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. Please contact Ben Balcer at 772-462-2866 if you have any questions. Page 3 S:\ENG\CAPITAL PROJECTS\MINING PERMITS\MCZ Mine\ESB-Special Conditions Revision\ERD\MCZ Mine Permit Final Report.docx EV, CCn'sultants, Inc. Natural Resource Manac Wetland, and Environmental Permitting Services CONSULTANTS, iNC. RECEIVED BY AUG 1. 5 2012 Environmental Resources St. Lucie County MCZ 1,200 MINE PRESERVE AREA MONITORING AND MAINTENANCE PLAN PREPARED FOR: MCZ CENTRUM PROPERTIES PREPARED BY: EW Consultants, Inc. ©AUGUST 2012 1000 SE Monterey Commons Blvd, Suite 208 • Stuart, Fl- 34996 • Phone 772-287-8771 ° Fax 772-287-2988 www.ewconsultants.com I. INTRODUCTION The MCZ 1,200 Mine site is approximately 1,220+/- acres and is located south of and adjacent to the SFWMD C-25, west of the C-24/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 western boundary of the site, IL 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 254oot buffer around the hammock. The second preserve area is a 0.5+/- acre cabbage pahn/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 3.6 acres of lake littoral zone and 3.6 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 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: 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 Environmental Resources Department 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 toot systems of the protected vegetation must remain undisturbed. If any roots of protected vegetation are exposed or damaged, the applicant shall 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 Environmental Resources Department 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 Environmental Resources Department 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 513-57.007 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 trea nient/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. 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 property labeled for application in wetlands. o All herbicides applied must include a visible tracer dye iu 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 markets 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. A cost estimate has been included in this PAMMP for the re-planting of the upland preserves for bonding put-poses. V. MONITORING One photo station will be established within each of the oak hammock areas (preserves I and 2), while three photo stations and three transeets 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 front each quadrant will be included in the monitoring reports. The hansects 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, seat, 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 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 actjvity can be closely hacked. 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 Enviromncntal Resources Department. The following is the proposed monitoring schedule; Activity Date Submit Baseline Monitoring Report I 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 5th 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 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 screens will be upright and maintained intact for the duration of construction, and will comply with all provisions listed in Section 6.00.05.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-sad the 25-acre initial mining cell, 25-acre scrape-down area, 45,5-acre recharge ditch, and 5 acre stockpile area should operations cease after the initial clearing but before the excavation of the cell. This pre-mining cost is estimated at $722,090.77. 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, removing buffer and perimeter berms, and filling of recharge ditches - Lump sum cost of grassing of areas disturbed by the operation - Lump sum cost for as-built survey certified by a registered Professional Surveyor The post-mining cost with a 10% contingency is estimated to be $2,570,434.00 for the first eight cells. ENGINEERING POST MINING SUB-TOTAL = $2,570,434.00 MCZ 1,200 LITTORAL AND UPLAND TRANSITION ZONE TABLE 1 NORTHERN 8 CELLS PLANTING LIST AND COSTS 3.6 acres of Littoral zone 3.6 acres UTZ Littoral Zone Plants - BR T o.c. Plant Type Quant. (incl. Install) Total Panlcumhemitomon Maidencane 2,520 $0.60 $1,512.00 Cladium)amaicense Sawgrass 3,120 $0.60 $1,872.00 Eleochars baldwind Spikerush 2,880 $0.38 $1,080.00 Spartina baked Sand cordgrass 2,880 $1.20 $3,456M.. Juncus effusus Soft rush 2,700 $0.60 $1,620.00 Pontederia cordala Pickerelweed 2,880 $0.60 $1,728.00 Sagiltaria lancifolia Arrowhead 2,700 $0.60 $1,620.00 Scirpus validus Soft-stem bulrush 3,300 $0.60 $1,980.00 Eleochads cellulosa Gulf Coast spikerush 2,880 $0.60 $1,728.00 Eleochads interstincla Knotted spikerush 2,880 $0.60 $1,728.00 Scirpus californicus Giant bulrush 3,300 $0.60 $1,980.00 Sagittaria latifolia Duck potato 2,880 $0.60 $1,728.00 Rhynchospora spp. Beaksedge 2,490 $0.60 $1,494.00 Utdcularia spp. Bladderwort 2,490 $0.60 $1,494.00 Total $25,020.00 UPLAND TRANSITION ZONE PLANTING MATERIALS $ Each Canopy Trees - 7gal, 20' o.c. Plant Type (Incl. Install) Total Pinus elllottli dense Slash Pine 55 $22.50 $1,237.50 Quercus virginiana Live Oak 35 $30.00 $1,050.00 Quercuslaurifolia Laurel Oak 50 $22.50 $1,125.00 Sabal palmetto Cabbage Palm 80 $37.50 $3,000.00 Acerrubrum Red Maple 40 $22.50 $900.00 Taxodium distichum Bald Cypress 40 $30.00 $1,200.00 Magnolia virginiana Sweetbay 30 $30.00 $900.00 Persea palustris Redbay 30 $30.00 $900.00 Ilex cassine Dahoon holly 45 $22.50 $1,012.50 Upland Shrubs/Ground Cover -1 gal, 3' Serowe repens Saw palmetto 2,982 $7.50 $22,365.00 Andropogon virginlcus Broomsedge 2,970 $3.75 $11,137.50 Elliott's Eraorostiselliottii lovegrass 2,982 $3.75_ $11,182.50 Eragrostisspectabilis Purple lovegrass 2,970 $3,75 $11,137.50 Myrica cedfem Wax Myrtle 2,982 $3.75 $11,182.50 Spadina baked Sand Cordgrass 2,970 $176 $11,137.50 Total $89,467.60 GRAND TOTAL $114,487.50 Preserve Areas, Littoral and Upland Transition Zone Maintenance Costs: Quarterly Treatments @ $1,200.00 each x 4 = $4,800/year x 5 years = $24,000.00 Annual Monitoring @ $1,500 per report x 5 years = $7,500.00 SR 68 LANDSCAPING COSTS - SR 68 landscaping Plant Type Quant. Size Price Ea. incl. Install Total 12'Hx5' Quercus virginiana Live Oak 173 W $150.00 $225.00 $38,925.00 Walter's 3gal, 2' Viburnum obovatum Viburnum 2,150 OC. $4.50 $6.75 $14,513.00 108,350 Paspalum notatum Bahia grass st $0.24 $0.36 $39,006.00 Mulch $1,250.00 Irrigation lump sum $24,000.00 Sub Total $117,694.00 110% Contingency Total $129,463.00 1 eay r of mowing $8,400.00 1 `? Grand Total $137,864.00 MCZ 1,200 Preserve Re-Planting (6 Acres) Understory, Gal - 3' ox, Plant Type Quant. (Incl. Install) Total Callicarpa americana American 7,750 $3.00 $23,250.00 Beautyberry Psychotlia nervosa Wild Coffee 7,750 $3.00 $23,250.00 Serenoa repens Saw palmetto 7,010 $7.50 $52,575,00 Myrica cerifera Wax Myrtle 7,250 $3.75 $27,187.50 $126,262.50 Assorted Trees, 7 Gal - 20' o.c, Pinus elliottii densa Slash Pine 175 $22.50 $3,937.50 Quercus virginiana Live Oak _ 175 $30.00 $5,250.00 Quercus laurifolla Laurel Oak 170 $22.50 $3,825.00 Sabal palmetto Cabbage Palm 150 $37.50 $5,625.00 $18,637.50 GRAND $144,900.00 _? TOTAL Total Post-Mining Littoral/UTZ Planting Costs = $114,487.50 10% Contingency for Littoral/UTZ Plants = $11,448.75 Protective Pence Installation around Preserves = $7,500.00* Initial Exotic Removal within On-site Preserves = $22,500.00 Preserve Re-Planting = $144,900.00 Total Post-Mining Littoral/UTZ Maintenance Costs = $24,000.00 Total Post-Mining Littoral/UTZ Monitoring Costs = $7,500.00 SR 68 Landscaping with 10% contingency = $137,864.00 ENVIRONMENTAL AND LANDSCAPING SUB-TOTAL = $470,200.25 *To be completed as part of mining activities and therefore subject to partial bond release. Therefore, the GRAND TOTAL cost for the reclamation bond is $3,040,634.25 ($2,5705434.00 + $470,200.25). PAMMP FIGURES 1- LOCATION MAP 2 - PRESERVE AREAS AND MONITORING MAP 3 - TYPICAL PRESERVE AREA SIGN 4 - PRESERVE AREA RE-PLANTING PLAN a 1 ? i r of _ 1 4 0. 1- <= z l? /I t 1 1 - . - - - - - - - - - - - - Z_ ' t USGS QUAD "ST JOHNS MARSF SLOUGH", SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST, AND SECTIONS 5 & 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST LUCIE COUNTY, FLORIDA LAT, 27.28-01" LONG, 801341 LEGEND 3000 ?- SITE (1,219.4 AC) o SCALE IN FEET Mcz 12100 LOCATION MAP CONSULTANTS, INC. EW CONSULTANTS INC JULY 2010 , . 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE STUART, FLORIDA 34996 :`Y=gYK 772-287-8771 FAX 772.2872988 . "`ski WWW.EWCONSULTANTS.COM PRESERVE AREA 2 - (0.5 AC) EVERY 500' OC ALONG THE PRESERVE AREA. PRESERVE AREA 3 - (14.3 AC) ORANGE BARRICADE FENCING WILL BE ->[i - MONITORING STATION INSTALLED AND MAINTAINED AROUND PRESERVE ON AREAS CONSTRUCTION. (-- TRANSECT WITH S 1 11 ATI? 200 PRESERVE AREA MONITORING MAP °°"9U T^"Te.'"°• EW CONSUL,TANTS, INC. JULY 2010 2081 SE OCEAN BOULEVARD, SUITE 2S ?r (?i ?R I ? STUART, FLORIDA 84996 1 v "? ` ' W' i 772-287-8771 FAX 772-2872988 A ' W W W.E WCONSULTANTS.COM / -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 J ST LUCIE COUNTY Fo N PRESERVE SIGN CONSULTANTS, INC. E CONSULTANTS9 INC. JULY 20'1 O i 2081 SE OCEAN BOULEVARD, SUITE 28 STUART, FLORIDA 84998 FIGURE e 772287.8771 FAX 772-287.2988 ?•' ?, WWW,EWCONBULTANTB.COM 3 N.T.S. Understory Callicarpa americana - American Beautyberry Psychofria nervosa - Wild Coffee Myrica cerifera - Wax Myrtle Serenoa repens - Saw Palmetto gal, T o.c. - 55 plants Z.// 111111A Assorted Trees Quercus laurifolia - Laurel Oak Quercus virginiana - Live Oak Pinus ellioffii - Slash Pine 7gal, 20' o.c. - 1 tree MCZ 1200 TYPICAL 500SF AREA PRESERVE AREA REPLANTING PLAN CON9U I-TANTS, INC. EW CONSULTANTS, INC. JULY 2010 'S"Y_ 14 2081 SE OCEAN BOULEVARD, SUITE 2B FIGURE i g STUART, FLORIDA 34998 772-2878771 FAX 772.2872988 ^ _ WWW.EWCONSULrANTS.COM APPENDIX A MCZ 11200 MINE EASTERN INDIGO SNAKE PROTECTION PLAN EASTERN INDIGO SNAKE PROTECTION PLAN MCZ 1,200 MINE ACOE Permit App. No. SAJ-2008-0769 Prepared for: MCWCENTRUM FARMS Prepared by: EW CONSULTANTS9 INC. Februaty 2012 0 2012 EW Consultants, inc. PURPOSE- This Eastern Indigo Snake Protection Plan has been prepared to assist in educating constructionpersonnel 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 677.71-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 (Photo 1) with some red or cream coloring on the chin or sides of the head (Photo 2). 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 lines of up to $20,000 and/or up to one year in prison, Prior to the cormnencement 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 pernut 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 indigo 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 INDIGO SNAKES PROTECTED IDENTIFICATION The 5dslern 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 also be found in streams, swamps and fletwoods 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. 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 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. Clearing 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 wlldiffel 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 Contaetylhe following agencies If Eastern Indigo Snakes are observed: US. 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: EASTERN INDIGO SNAKE PROTECTION Eastern Indigo snakes may be present on this site. e The eastemindigo snake s a Inr z. d"Ilo, Sm-pofmuanr mile grooiug to a amb usm leugth of and 8?a1. > The mlor in both3veug and ndults is shin9, blush-black, including the belly, with soum riedfcreans coloring abou[the chin and sides of the head Y the i panneroso ermanths, hs, inisdligit and ie high, d, ,rsrll-dreiuedsuldy sans. Alrigg os also oond in mflas mps, and mdisideats are omumully fonudpiue?enshumpsoods, logsmtoise bsssrona, olhersnbtertvuau resides dxca}'ed shmsps end logs ue commonly used as dens and for eggla)ing Y eswid banning eastern indigo sues crany other snake. Y mateaks isth dsuiug coesmRlial, cease any adlsil)•sm1il Ilse snake has gad the area- We Ifs dead snake is forurd call the referenced agencies. Soak the rem ins in imeter and freeze the specinmi mrhl it can be teftiesed. Iav Uidac;nad ryMes.{u (ESII aJ191J mntar(ra rlolaWn ro'2ororr, Y.ann, pvnav, Anal. Awl, noud, Mr. vqw-, orra!!n1 ndw,,.v OrrArmranvEapv<kt 11010 w vav rend Mfiw'. gft, ro S20,0 .1 br ep rn oaq'eaa in para. Coronet the follmsina nemcles If to stern Ulm snakes or eobsemd. U.S. Fish S Wildlife Smim. 772.562-3909 Florida Fish SC Wndlif3 Conservation Commission: 800-282-8002 04 bttssMuto lvab rdtraA ud 5ra,.d. lt(rXIXA)ramdl hmA by y 6nai<v,wdtslpvlNa tapsuofsM Yateofpkr196p Serkddsirb sad R'IId:Ve Cwsm-atlm COmmnJn rotsixax6ritler,npavdttNwumv io <onlalm5«rtbsne evnuaab3ao nvka. 00 NOT NARK OR BRASS 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 June 2012 The following Lake Area Monitoring and Maintenance Plan is provided for the northern eight (8) cells of 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 constriction 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. Thnine 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 ccased 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 permit, which ever first occurs. This language is included on the engineer's reclamation plans, as well. MCZ 1200 LAMP hae2012 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 reelamafldn 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 nor-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 amoral reports and verified by the secretary. Site Cleanno 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 on-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 Management 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 7una2012 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 surfaceiunoff 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-Veeetation 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 (114) 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 June2012 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 tint; 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 Upland Transition Zone Areas - The littoral and upland transition zone planting areas as shown on the attached planting plans will be kept fiee of nuisance and exotic vegetation. All Category I and Il nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council (Rule 513-57.007 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 troatmentUR for nuisance species. If initial efforts do not aclrieve 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 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. Within the littoral and UfZ 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. MCZ 1200 LAMP June2012 Littoral and Upland Transition Zone Monitorin 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 arelieing 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 reconunended 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 tuned 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 ensue ongoing removal of prohibited and invasive non-native plant species from these areas. 'Cho 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: Activity. Date Submit Baseline Letter* 1 Month after Plant Installation Conduct and Submit 1st 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 Amoral Monitoring Report 48 Months after Plant Installation Conduct and Submit Sth Ammat Monitoring Report 60 Months after Plant Installation *Notice to County that planting of northern eight cells is complete MCZ 1200 LAMP June2012 `. LAMP APPENDIX LITTORAL AND UPLAND TRANSITION ZONE SITE PLAN (FIGURE 1) LITTORAL ZONE MONITORING MAP (FIGURES 2, 2A, and 2B) LITTORAL AND UPLAND TRANSITION ZONE PLANTING PLANS (FIGURES 3A, 4A, 4B, and 4C) LITTORAL ZONE CROSS-SECTION WITH BERM (FIGURE 3B) LITTORAL AND UPLAND TRANSITION ZONE ESTIMATED PLANTING COSTS (TABLE 1) EASEMENT --OUTFALL STRUCTURE (TYP) LEGEND-PHASE1 ??- MINING PIT (316.4 AC) ?- 20' UPLAND TRANSITION ZONE (3.6 AC) --20' LITTORAL SHELF (3.6 AC) SEE DETAIL TOTALS 15,610 LF SHORELINE X 10'= 156,100 SQ FT Q ry w z -LIMIT OF LITTORAL & UTZ ?a a c) PLC 3.6 AC OF LITTORAL ZONE REQUIRED 3.6 AC OF UTZ REQUIRED 20' UTZ = 3,6 AC 20' LITTORAL ZONE = 3.6 AC N.T.S. Li MGZ 1200, LITTORAL & UTZ PLAN OUN9U 4TpNT9, INC. EW CONSULTANTS INC. JUN 2012 1000 BE MONTEREY COMMONS BLVD., SUITE 208 FIGURE STUART, FL 34998 772.287.8771 FAX 772-287.2988 W W W.LW CONSULTANTS.COM PHASE 2 330 FPL EASEMENT C] -LIMIT OF < LITTORAL & UTZ Ill F- ? 20'UPLAND - TRANSITION ZONE SEE DETAIL FIGURE 3A PL --OUTFALL STRUCTURE (TYP) LEGEND-PHASE1 • MINING PIT (316.4 AC) SF.9- 20' UPLAND TRANSITION ZONE (3.6 AC) 20' LITTORAL SHELF (3.6 AC) SEE DETAIL TOTALS 15,610 LF SHORELINE X 10'= 156,100 SQ FT 3.6 AC OF LITTORAL ZONE REQUIRED 3.6 AC OF UTZ REQUIRED J Q 20' UTZ = 3.6 AC Q 20' LITTORAL ZONE = 3.6 AC U ->0- MONITORING STATION Lo N U ? KEY cn SHEET 1 2B N.T.S. N ORANGE AVE r MCZ 1200 - LITTORAL & UTZ MAP CONBULTANT9' INa EW CONSULTANTS, INC. JUNE 2012 e?dr '' 1000 SE MONTEREY COMMONS BLYDq 9VITE 208 FIGURE ON, STUART, FL 34998 772-287.8771 FAx 772.287.2988 H' i WWW.EWCONSULTANTS.COM 2 I ---------------------------------------- I -20' UPLAND TRANSITION ZONE j SEE DETAIL FIGURE 3A I I - 7-17-7 '71 I ' I _ PROPOSED EDGE OF, I' WATER i I U I I ---. i-.- ?. 20' LITTORAL SHELF SEE DETAIL FIGURE.3A i i I I I II I. I I ' i sHEETZa-_ --• -- ---•----• ------------? SHEET 26 KEY SHEET LEGEND 0? 400 zA- MINING PIT (316.4 AC) MONITORING STATION SCALE IN FEET MOZ 1200 - UTT'OR.AL, & U'TZ JUNG 20'I 2 CONSULTANTS, INC. EW CONSULTANTS, INC. II A I' at ? ? ,? ? i.: i 1000 BE MONTEREY COMMONS BLVD., SUITE 206 FIGURE STUART, FL 34996 772.2878771 FAX 772,287-2988 U jr fWWW.EWCONSULTANTS.COM a I SHEET 2A .................. --- ------[I-STiEET28- 'I . 20' UPLAND TRANSITION ZONE- i- SEE DETAIL FIGURE 3A ?I - 20' LITTORAL SHELF --?°{ SEE DETAIL FIGURE 3A I I I. Ir I I 1 PROPOSED* i PL-? i. EDGE OF WATER C z U u? U U) I SHEET 28 - I --------------------------------------- KEY 5HLLI LEGEND C CC 5 ,A 0- MINING PIT (316.4 AC) SCALE IN FEET 5B MONITORING STATION ?Q If p/ MCZ 1200 - LITTORAL & UTZ GON9VLTANTB INC. Y EW CONSULTANTS, INC. JUNE 2012 1000 SE MONTEREY COMMONS BLVD., SUITE 208 FIGURE: STUART, FL 34996 8 ? :' 772.287. 771 FAX 772.287-2988 W WW.EWCONSULTANTS.COM p D 20' LITTORAL SHELF 20' LAKE UPLAND \ \ TRANSITION Littoral Zone Ground cover ZONE BR -2'o c. Upland Shrubs and Ground \\ \` \ \ \ Cover - 7 gal, 3'o,c, \\ Trooe- 7 gal, 20' O,C. CONTROL n ELEVATION = M PLAN VIEW TYPICAL UTZ & LITTORAL ZONE N.T.S. J ¢O M 4 MCZ 1200 w LITTORAL & UTZ coRSO?rn RTe SRC. EW CONSULTANTS INC. g , 1000 SE MONTEREY CoMMoNB BLVO., SUITE 208 3F ,' -r 4z STUART, FL 34996 772-287.8771 FAx 772.287-2988 WWW,EWCONSULTANTS.COM JUNE 20'12 FIGURE 3A 2a UPLAND TRANRMON NATURAL GROUND EL=2Z EI_=15 FI =,T EL=12' 11--- 10 iLHMERGFD '86A1 'PEN WAiER? LITTORAL, UTZ, & BERM PLAN VIEW N.T.S. 2a LITTORAL LITTORAL, UTZ, & BERM SECTION N.T.S. ,'MAXIMUM ABOVE 1 AVERAGE WATER LEVEL CONTROL ELEVATION =18' T , MAXIMUM BELOW AVERAGE WATER LEVEL 7C a 2 ROTTOM UPLAND TRANSITION ZONE PLANTING MATERIALS Trees - 7 gal, 20' o.c. Pinus ellottil dense - Slash Pine Quercus virginiana - Live Oak Taxodium distichum - Bald Cypress Acer rubrum - Red Maple Saba/ palmetto - Sabal palm Quercus laurifolfa - Laurel Oak Magnolia virginiana - Sweetbay Persea palustris - Redbay Ilex cassine - Dahoon Holly Upland Shrubs and Ground Cover -1 gal, 3' o.c. Serenoa repens - Saw palmetto Andropogon virginicus - Broomsedge Eragrostis elllottfi - Elliott's lovegrass Eragrostis spectabills - Purple lovegrass Muhlenbergia spp. - Muhly grass Myrica cerifera - Wax Myrtle Spartlna baked - 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 1200 UT's PLANTING MATERIAL I< Lv+ 3 CONSULTANTS, INC. EW CONSULTANTS, INC. JULY 2010 01, 7 2081 SE OCEAN BOULEVARD, SUITE 28 FIGURE STUART, FLORIDA 34996 F 772.287.8771 FAx 772.287.2988 JX (ry=' W.EWCONSULTANTS.COM LITTORAL ZONE PLANTING MATE Littoral Zone Ground Cover - BR, T o.c. Cladium jamalcense - Sawgrass Pontederia cordata - Pickerelweed Sagittarla latifolla - Duck potato Panicum hemitomon - Maidencane Utrlcularia spp. - Bladderwort Eleocharis baldwinii - Roadgrass Eleocharis cellulosa - Gulf Coast spikerush Eleocharis interstincta - Knotted spikerush Scirpus califomicus - Giant bulrush Scirpus validus - Soft-stem bulrush Spartina bakerl - Sand cordgrass Juncus effuses - 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, MCz 1200 g LITTORAL PLANTING MATERIAL 0.NT6 INC. EW CONSULTANTS, INC. JULY 2010 Mk 2081 SE O CEAN BOULEVARD, SUITE 2B FIGURE _1 $TUARY, FLORIDA 8Q998 772.287.8771 FAX 772.287.2888 d B R- {; WWW.EWCONSULTANTS.COM h .Littoral Zone Plants- BR 2' o.c. Plant Type Qua nt. Panicum hemitomon 'Maidencane 2,520 Cladium jamaicense Sawgrass 3,120 Eleochads baldwinii Spikerush 2,880 ;Spatina bakers Sand cordgrass 21880 Juncus effusus :Soft rush 2,700 'Pontederla cordata Pickerelweed 2,880 Sagittaria lancifolia Arrowhead 2,700 Sclrpus valldus Soft-stem bulrush 3,300 Eleocharis cellulose Gulf Coast spikerush 2,880 Eleocharfs interstincta ;Knotted spikerush 2,880 Scirpus californicus Giant bulrush 3,300 Sagitteria latifolia Duck potato 2,880 Rhynchospora spp. fBeaksedge 2,490 Utricularlaspp. Bladdetwort 2,490 'UPLAND TRANSITION 'ZONE PLANTING MATERIALS 'Canopy Trees-7gal, 20'o.c, Plant Type Pines elliotti! dense Slash Pine 55 Quercus virginiana Lie Oak 35 Quercus laurifolia Laurel Oak 50 ;Sabel palmetto Cabbage Palm 80 Acer rubrum Red Maple 40 Taxodlum distichum Bald Cypress 40 :Magnolia virginiana Sweetbay' 30 Persea palustris Redbay 30 .flex cassine Dahoon holly 45 ;Upland Shrubs/Ground Cover- 1 gal, 3' o.c. Serenoa repens saw palmetto 2,982 Andropogon virginicus Broomsedge 2,970 Eragrostis elliottii Elliott's lovegrass 2,982 Eragrostis spectabills 'Purple lowgrass 2,970 Myricacerifera ;Wax Myrtle 2,982 Spartina baker! ;Sand Cordgrass 2,970 MCZ 1200 MCZ 1200 - LITTORAL & UTZ - TABLE I CO NBVLTANT 9, 3N0, EWCONSULTANTS INC. r , 1000 SF MONTEREY COMMONS BLVD., SUITE 208 STUART, FL 34996 772.2878771 FAX 772.2872988 WWW,EWCONSULTANTS,COM JUNE 2012 FIGURE 4C ATTACHMENT C BARD OF COUNTY COMMISSIONERS August 13, 2012 To Whom It May Concern: PUDLIC WORKS DEPARTMENT Engineering Division In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that MCZ/Centrum Citrus Farms LLC, at 8965 S.E. Bridge Road, Suite 207, Hobe Sound, Florida 33455, 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 314 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 314 OF SECTION 5, AND THAT PART OF THE EAST 3/4 OF THE NORTH 1/2 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 114 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. Said parcel contains 1219.4 acres, more or less A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter as possible) on Tuesday, September 4, 2012, in the St. Lucie County Administration Building, 3rd Floor Annex, 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. If you have any questions or comments, please contact Michael Powley, P.E., County Engineer, at 772- 462-1707 or email him at powleym@stlucieco.org. Sincerely, ST. LUCIE COUNTY Michael Powley, P.E. County Engineer CHRIS DZADOVSKY, District No. 1 • TOD MOWERY, District No. 2 o PAULA A. LEWIS, District No. 9 - FRANNIE HUTCHINSON, District No. 4 - CHRIS CRAFT, District No 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue a Ft. Pierce, FL 34982 Public WOrl4: (772) 462-1485 o FAX (772) 462-2268 Engineering Division: (772) 462-1707 • Rood G Bridge Division: (772) 462-2511 Solid Waste Division: (772) 462-1768 o Water Quality Division: (772) 462-2511 > Utilities Division: (772) 462-1150 MCZ Mine Legend. 16 - -, 1 mile buffer ® Subject property - 0 0.5 1 1.5 2 nN Miles Map prepared August 2, 2012 G . . . . . . . . . . r- JGE SCHUMANN RD -- IY 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, September 4, 2012, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on the petition of MCZ/Centrum Citrus Farms LLC, at 8965 S.E. Bridge Road, Suite 207, Hobe Sound, Florida 33455, to grant a mining permit on the following described land in St. Lucie County, Florida, to wit: MINING AREA 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 THAT PART OF THE EAST 3/4 OF THE NORTH 1/2 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 114 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. 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 Dzadovsky, Chairman PUBLISH: August 21, 2012 PROOF AND BILL: Board of County Commissioners, St. Lucie County AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. i DATE: September 4, 2012 REGULAR[] PUBLIC HEARING[XX CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2012 Economic Development Exemption Application - Tropicana Manufacturing Company, Inc.; Ordinance No. 12-018 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 12-018 and authorize the chairman to sign the Ordinance.. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ?" - Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C. A. NO. 12-0920 DATE: August 10, 2012 SUBJECT: 2012 Economic Development Exemption Application - Tropicana Manufacturing Company, Inc.; Ordinance No. 12-018 BACKGROUND: On October 6,1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners of St. Lucie County to grant a local economic ad valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses Attached is an application filed by Tropicana Manufacturing Company, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the memorandum states, Tropicana submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $39,585,830. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $ 340,954.00. According to the Property Appraiser's analysis, Tropicana made a total new investment of $39,585,830.00, including improvements to real property and taxable personal property. The application also reflects that eleven (11) St. Lucie County residents will be employed by Tropicana. On June 21, 2011, the County Administrator sent a letter to Mr. Pelton concerning the Tropicana project. A copy of the June 21, 2011 letter is attached. Based on the June 21 letter, it appears that Tropicana would receive a five (5) year exemption, phased as follows: Year 1 - 100% Year 2 - 80% Year 3 - 60% Year 4 - 40% Year 5 - 20% Also attached is a copy of draft Ordinance No. 12-018 which, if adopted, would grant Tropicana an economic ad valorem tax exemption for a period of five (5) years. Permission to advertise was granted on August 7, 2012, and notice of the public hearing was advertised in The Tribune on August 24, 2012. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 12-018 and authorize the Chairman to sign the ordinance. Daniel S. County A DSM/caf Attachments ORDINANCE NO. 12-018 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR TROPICANA MANUFACTURING COMPANY, INC., 6500 GLADES CUT- OFF ROAD, FORT PIERCE, FLORIDA, AN EXISTING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO TROPICANA MANUFACTURING COMPANY, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT TROPICANA MANUFACTURING COMPANY, INC. MEETS THE DEFINITION OF AN EXPANSION TO AN EXISTING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 12-018 "Economic Development Ad Valorem Tax Exemption - Tropicana Manufacturing Company, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Tropicana Manufacturing Company, Inc., 6500 Glades Cut-Off Road, Fort Pierce, Florida, in accordance with the following exemption phaseout schedule: Year 1 (Fiscal Year 2012-13) 100% Year 2 - 80% Year 3 - 60% Year 4 - 40% Year 5 - 20% No exemption shall be granted on the land on which improvements are made by Tropicana Manufacturing Company, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $114,851,173.00. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $67,139.00 Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $ 340,954.00. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Tropicana Manufacturing Company, Inc., an existing business shall be for five (5) years from the date of Board adoption of this Ordinance. ARTICLE V indin The Board of County Commissioners of St. Lucie County, Florida, finds that Tropicana Manufacturing Company, Inc. meets the definition of the expansion of an existing business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Tropicana Manufacturing Company, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of tiling from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this _ day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney BOARD OF COUNTY COMMISSIONERS June 21, 2011 Mr. Larry Pelton Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard, Suite 205 Port St. Lucie, Florida 34986 Re: Letter of Intent - Project Zeke Dear Mr, Pelton: COUNTY ADMINISTRATOR FAYE W. OUTLAW, MPA St. Lucie County is pleased to present to Project Zeke an estimated economic development business incentive package based upon a $51,500,000 capital investment and the creation of 11 new jobs with an average hourly wage of $18.65. Job Growth Incentrye Grant Assuming the company hires 11 new employees over the next three years at an average hourly wage of $18.65, the company is eligible to receive a Job Growth Investment Grant (JGIG), which is estimated at $18,150. It is anticipated the grant would be phased over a two year period. The number of employees to be hired during each year of the two year period and the amount of annual JGIG grant payment would be negotiated and included in the grant agreement between the County and the company. Tax Abatement Program it is our understanding that Project Zeke will be expanding its St. Lucie County facility with the intent on making a capital investment of $51,500,000 for buildings and new equipment. The current fiscal year estimated value of a tax abatement calculated over a five-year period on a declining basis is $447,278 based upon current tax rates. To be eligible for ad valorem tax abatement, the applicant must submit a request on an Economic Development Ad Valorem Tax Exemption Application form once a certificate of occupancy is obtained. The applicants request is submitted to St. Lucie County Property Appraiser for review and report. Approval of any request for tax abatement Is subject to a public hearing by the Board of County Commissioners. CHRIS DZADOV5RY. DRnicr No. 1 • TOD MOWERY, DBma No. 2 • PAULA A. LEV I5, DIUrIR No. 3 • FRANNIE HUTCHINSON, Dbnla No. 4 • CHRIS CRAFT, Dmlla No. 5 County AdminlNmrq . Faye V. Owlo , MPA 2300 Virginia Avenue a Fort Pierce, FL 34482-5652 a Phone (772) 462-1453 a TDD (772) 462-1428 FAX (772) 462-2131 • email; outlowr®stlucleco.org web site: www.stfucleco.org Project Zeke Page 2 Incentive Summary Job Growth Incentive Grant $18,150 ($9,900 year one; $8,250 year two) Property Tax Abatement $447,278 (current fiscal year estimated value) St. Lucie County appreciates Project Zeke considering expanding its facility here in St. Lucie County and potentially creating 11 new jobs for our citizens. We look forward to a long and mutually beneficial relationship. Sincerely, Faye W. Outlaw, MPA County Administrator Copy to: St. Lucie County Board of County Commissioners Daniel McIntyre, County Attorney Lee Ann Lowery, Assistant County Administrator Mark Satterlee, Planning and Development Services Director DEAN MEAD Bean, mead, Minton & Zwemer 1903 South 251h Street, Suite 200 P.O. Box 2757 (ZIP 34954) Fort Pierce, Florida 34947 772464-7700 e 772-562-7700 772-464-7877 Fax www.deanmead.com February 24, 2012 VIA HAND DELIVERY Michael Brillhart Special Projects Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Tropicana Manufacturing Company, Inc./Project Zeke Dear Mr. Brillhart: Attorneys and Counselors at Law Orlando Fort Pierce Viera Gainesville W. LEE DOBBINS 772464-7700 x. 6715 Idobbins@deanmead.com Enclosed is Tropicana's Economic Development Ad Valorem Tax Exemption Application for the above-referenced project. If you need any further information from me, please do not hesitate to call me. Thank you again for your help. e?t regards, W. Lee Dobbins WLD:av Enclosure Cc: Steve Lezman (via e-mail) Scott Davis (via e-mail) F0I38578vi A Member of ALFA International - The Global Legal Network St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Grants ROSOuree/Disaster Recovery Department of St. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, If necessary or requested. 1, Business Name: Tropicana Manu£acturin Cam an Inc. Malling Address: 6500 Glades Cut-Off Road City/zip Port Pierce, FL 34981 2. Name of person in charge or owner ofBuslness: _John Ekufu, Plant Marlag-er - Telephone No.: 7( 72? 465-2030 Pax No.: 7(?2) 489-3304 3. Location of Business (legal description and street address) of property for which this report is filed: 6500 Glades Cut-off Road Fort Pierce F 34981 see legal description attached a Exbib t "A". 4. Date Business opened or will open at this facility: November 2011 5. a, Description of the improvements to real property for which this exemption Is requested: Ex ansion of.tw Parts o d t b. Date of commencement of construction of Improvements: April 2011 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Original Taxpay is Taxpayers Appraiser's Age Data of value of CFsmate ondition Bsthnate of Use Only Clara or Item Purchase cost Fair Market Good Avg. Poor Con0on Pulp Expansion - - - Buildinas New 1212011 ,$47.493.00 X - - $47.493.00 Equipment Now 1212011 $938.108.00 X - - 5938,108.00 Packaging Expem ion - Buildings New 712011 $6.778.000. X - - $6 778.000 Equipment New 7/2011 $40,163,000 X _ _ $40.163.000 Total $47 926 601. $47 926,601 14 Updated 03.10.2009 b. Average Value of Inventory on hand: $86,017,480.00 c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form, 7. Do you desire an exemption as a: "New Business" [ ) or as an "Exemption of an Existing Business" [x) 8. Describe the Type or Nature of Your Business: Producing and packaging Tropicana juice products. 9. Trade Level (check as many as apply): [ ] Wholesale fx) Manufacturing [ j Professional [ ] office [ ) Service [ ] Other 10.a. Number of new full-time employees to be employed in St. Lucie County, Florida: b: If expansion of an existing business: (1) Net increase in employment 11 (2) Increase in productive output resulting from this expansion see Section 11 (3) Number of St, Lucie County residents employed by Business 11 c. Average hourly wage $18.65 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility -one (1) location only N/A divided by total sales Everywhere from this facility - one (1) location only N/A over 50% 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: N/A a. Number of full-time employees at this location N/A 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues, I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request In regard to the exemption requested heroin. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowleDATE: e-r2 j fit- SIGNED: (P reparer) SIGNED,, , I J L1 v W, L e e_ ?a b ^1 (Taxpayer)John Bkufu (Preparer) TITLE: Plant Manager 77Z-46y -7.7oz? (Preparer's Telephone Number) 15 Updated 03.10.2000 OR BDOR 2698 PAGE 722 DESCRIMON: THENCE SOUTH 00°2675• EAST, ALONG SAID WEST LINE, AND SAID SOUTH LINE, A DISTANCE OF 2.50 FEET; THENCE NORTH 69°39'19" EAST, DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH LINE, A DISTANCE OF 3505.96 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 280, PAGE 691, PUBLIC RECORDS OF SAID COUNTY; THENCE DEPARTING SAID SOUTH LINE SOUTH 24°04'05" OF 15:427EE7,M A P00TI`OFtMtVkTURX`OF*CUWM SAID PESO, THE RApIqS POINT ALON fE1VVIlST HA V OI VIDgi A THRO SO(JHi.OM&W EAST, A-HISTANCE OF 71..44ENT-TWA POW ON4,NQN - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1064.73 FEET, THERADIUS POINT OF WHICH BEARS NORTH 86°04'18 EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°07'15', AN ARC DISTANCE OF 206.56 FEET; THENCE SOUTH 19°47'46• EAST, A DISTANCE OF 245.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GLADES CUT-OFF ROAD (COUNTY ROAD Nom. 709, A 100 FOOT WIDE RIGHT-OF-WAY); THENCE SOUTH 44°41'48" EoT. AI.ONd'Dm NOAR?RL4'RIGHT4r-wAv uq E* DIvCANCE OFr- PA 3E 815, TH AND M 164.89 FE M ROAD OFFICIAL RECORD BOOK 752, PAGE 2269, PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 89°53'45' WEST, DEPARTING SAID WBST LINE, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1519.63 FEET; pm- I OR BOOK 2698 PAW 723 THENCE SOUTH 00-OI'SS" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LIMB, ALONG THE WEST LINE OF SAID OFFICIAL RECORD BOOK 7S2, PAGE WA Y 311 1 AND 4AS'(' LINES OF iT-OF- A LINE POI SO 89°1e 1VEST, " IST -A? pF 3dp 1 O I CE l ET; SdCTlI- 89°4223" WEST, A DISTANCE OF 1115.28 FEET; THENCE NORTH 0001737" WEST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 89°4223" WEST, A DISTANCE OF 382.10 FEET; THIWCE NORTH 86128'46" WEST, A DISTANCE OF 462.90 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 336.00 FEET; THENCE WESTERLY, NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85°12V5", AND AN ARC DISTANCE OF 499.65 FEET; THENCE NOAVgMgY46' ?WEST.AIU'l7QiC?E OF 3X.. rFBHl"TB,A PORWfONY1 r ;ON AND AN AJICWISTANCE OF 727.42 OF BEGINNING. CONTAINING 310.73 ACRES, MORE OR LESS. iTANCE OF 1030.7 NO. 102; THENCE LAVE. AND ALOM 0 0 D : ly PWp PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 114,851 173 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 25,093 RE 4 2; 14 6 TRp 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 1 1 730 R E 329,224TPP 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 1,361,,800 Tangible Personal Property: 38,224,030 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ 1, as an Expansion of an Existing Business or Neither [ ]. 6. Last year for which exemption my be applied: 2016 DATE: 71912012 SIGNED: .w (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH I JUL 09 2012 COUNTYATTORNEY 10-07-03 - H:IECONOMICIADVALOREMV PPLICATION 17 ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE ECCOUNTY, ONOMIC FLORIDA, BY CREATING ARTICLE V DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, Q` by creating Economic Development Ad Valorem Tax Exemptions for a r 1 new or expanding business is in the best interest of the health, ?J safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: xJ .+J 4 n ~ oroa Paz0 o h r o, wNn ,oNm Lq o M nO y n r• 3 n • n OG ?1 w rt on 00 x? rt 0. 0ti Nrt Wr c n r?ro 0n M G a N^ k 0 0 rptr-uek thr.-aah passages are deleted. Underlined passages are added. 1 PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County. Florida." Section 1-19.3-52. Enactment and Authority. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and_214_,Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the auestion in a referendum, authorize the adoption of such ordinance. O z m 0 N 0 0 N ro to N N passages are deleted. Underlined passages are added. 2 Section 1-19.3-53. Jurisdiction. The area subject to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health safety comfort, economy, order. convenience and General welfare recuire the harmonious, orderly and progressive development of new business and expansion of existing business within Florida and its incorporated municipalities and counties In furtherance of this general purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7 Florida Administrative Code are authorized and empowered to adopt amend or revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business. It is the intent of this Ordinance to secure or to ensure: 1. 2. 3. O m 0 0 x 0 N W ro G" M M N 0 N passages are deleted. Underlined passages are added. 4. 5. Section 1-19.3-55. Definition of Terms. The following words phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code except where the context clearly indicates otherwise: 1. Applicant Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board - The St Lucie County Board of Commissioners. 3. Business Any activity engaged in by anv person, corporation or company with the obiect of private or Public gain benefit or advantage either direct or indirect. 3.1 New Business - a. A business establishing 10 or more lobs to employ 10 or more full-time employees in this County, which manufactures processes. O O 0 PI 0 N W b DI DI N 0 W Straek th-euO passages are deleted. underlined passages are added. compounds fabricates or Produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing Plant; b. A business establishing 25 or more Jobs to employ 25 or more full-time employees in this County the sales factor of which, as defined by s. 220.15(51, Florida statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b• or c. An office space in this state owned and used by a corporation newly domiciled in this County; Provided such office space houses 50 or more full-time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 0 x 0 0 PS 0 0 N W ro 0 m N M 0 A StFuek through passages are deleted. Underlined passages are added. 5 d. Any business located in an area designated enterprise zone that first begins oneration_o_n a site clearly separate from any other commercial or industrial operation owned the same business. 3.2 Expansion of Existing Business a. A business establishing 10 or more Jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant: or b. Any business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(51, Florida Statutes, for the facility with respect to which it requests an economic develonment ad valorem tax exemption is less than 0.50 for each year the exemntion is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or 0 z 00 0 x 0 0) N W ro q x N 0 N passages are deleted. Underlined passages are added. an increase in productive output of not less than 10 percent. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b. c. Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business engaged in retail operations - a business enaaaed in a sale to a consumer or to any person of an item of tancible personal Property for any purposes other than for resale. 4. Department - The Florida Department of Revenue. 5. Improvements - Physical changes made to raw land, and structures placed on or under the land surface. All personal Property acquired to facilitate an expansion of an existing business provided that the personal property is added or increased on or after the day the ordinance is adopted. However, personal property acquired to replace existing Property shall not be considered to facilitate a businesses expansion. 6. Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state during the 0 0 0 0 N Q OD N W ro 0 m N passages are deleted. underlined passages, are added. taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period (See Section 220.15(5). Florida Statutes for specifics of computation) Section 1-19.3-56. General The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To apply for such an exemption a business locating or expanding in the corporated or unincorporated area of St. Lucie County must file an application (Florida Department of Revenue Form DR-418,_- See Attachment 11 with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be granted by the Board. The exemption granted under this Ordinance shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizing this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application it must be submitted to the Property Appraiser for review. After careful consideration. 0 x m 8 x 0 N W ro c? m N 0 J StEueL thEeugh passages are deleted. Underlined passages are added. -the Property Appraiser shall report to the Board concerning the fiscal impact of Granting exemptions. The Property Appraiser's Report shall include the following: 1. 2. 3. 4. After consideration of the report of the Property Appraiser, the Board may choose to adopt an ordinance granting the tax exemption to a new or expanding business The Ordinance shall be adopted in the same manner as any other ordinance of the County. The Ordinance shall include the following information: 1. 2. 3. 4 A finding that the business meets the definition of a new business or an expansion of an existing business. t-uek th-sug4? passages are deleted. Underlined passages are added. 9 0 0 0 P4 00 N W ro N 0 OD The name and address of the new or expanding business. S. Section 1-19.3-58. Pees. Fees charged to offset the cost of processing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eligible Business or industry. Any business or industry, as defined in Section 1-19.3-55, Paragraph 3.1 and 3.2, that does not gualify as an ineligible business or industry as defined in Section 1-19.3-60. When considering the issue of whether or not a business or ind-ustry is an eligible business as defined herein, the Board shall consider the anticipated number of employees average wage type of industry or business environmental impacts volume of business or production or any other information relating to the issue of whether the proposed development would significantly improve economic development in St Lucie County prior to accepting the Economic Development Ad Valorem Tax Exemption Application The criteria for determining the length of an exemption and the percentage amount of an exemption may be formulated by the Board by resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes Ctruel t hreu4?ph passages are deleted. Underlined passages are added. 10 o. z m 0 0 x 0 OD N w ro c? m N 0 0 Section 1-19.3-60. Ineligible Business or Industry. Any business or industry in violation of any federal, state, or local law or regulation governing environmental matters such as air, water, and noise Pollution. Section 1-19.3-61. Appeals. The decision of the Board not to grant an Economic Development Ad valorem Tax Exemption to a particular business or industry is subject only to judicial review pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 0 x m 0 0 X 0 W N W ro t? N N 0 Str-uBk t,._...._, passages are deleted. Underlined passages are added. 11 PART D. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows:- Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Tre£elner AYE PART G. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ""ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. 0 z 0 0 0 X 0 N G1 ro N N N passages are deleted. underlined passages are added. 12 ATTEST: PASSED AND DULY ADOPTED THIS 6th day of October, 1992. BOARD OF COUNTY COXKISSI . ST. LUCIE COUNTY, FLORID)L., P Y CHAIRMAN =?? r ?". '• APPRO AS TO FORM ? %. ?-`.'. J v' BLS.( •,. ?ana •'Q _ 0 x D7 O N OD ro c: N N N passages are deleted. Underlined passages are added. 13 xuno - ECONO DEVELOPMENT AD VALOREM. KEMPTION - Chapter 196. Flonda Statutes , - 1a M NN rrlln IM feel. as Glossy CnmmrYloMn. Inr Fer•IwInG pNN •r ton mun....Gllly, ar bNn, n01•ler IMn Mahn 1 of IM....IM NtamallM M M: V O to Yka •nSt. 1. WYMma...'MGYMGwGNnt: 1 GIGW wR name anp InnpnMa nom Mr pl DyM1..... In Calm p1 1M1 "dim.: N•M1• T•1•MYn• NYTGN i. E...I Lp411m ILaNI 0.1Grlplipn Ina $II•el MaNlt) of M1apaelY Ipr wnbn IMF Mt.N II IINYI a, DaM1 rw MIm, or .111 pgln, bwlnGU n fob Isllllr: S. a• O.<slPUen a11nI ITOror•manY 10 nY prap•rfy Io1 wnlGn Inb •tpmpU.n k naYwf•e p. DNa el pemmGMGmaM el eonGlNwlon el Impmem•nb: L L D•6119'...11M bnNNG MneMI ".am for wnbn ink •dant"Fen If nGUwl•a ... .1. wn•n p1b,"My.. ar is I. b•, pYNMNa: ro TAXPAYER% ESTIMATE OF TAXPAIERS F APPRAISER'S RI rC cONOInOM MATE O o _ F OP ORIGINAL FAIR Mw1e O _ FAIR MARK11' a USE ONLY N CLASS OR ITEM AGE PURCHASE COST VALUE ? VgLYC L Ransom, VaN• of NemterY an nrner L MY RMUMGI.anon. er.F•rtr .."Wt., .near fast wnbn an •p•mMlon ".lumen most pe talisman on lone Dky05 (Tare... PonoMl M1GMrtY T. - *.Ill.).M•.FY atYenO l•.4 I.Mo. 7. Do Yw aWn...at... an ."Naw tY.lns1"? ar ad an "K.WMlen bl an t.bllmd \erlnW"? C. DMnM to. TIP, or Mo.- of Your bWnnu A. Tranda.(Gn•FG..m..'..""If A.". ? wnNnun ? M.wlsoMa, ? FlelMplena ? "Most ? Dluc. ? oln•l ? M L a In Fletlm w It Nan a- ee twl..1 ..mwe.M1 aanbne awNlnrals unMl ..l (.) not mwdonm.'r n Emp.erme. er RI mortar m P.epuavr. out... Owen. From In's ......... IF. bon. nnonN[n. n.m r naun."...mpu..: T.W a. In Flonm from IMF Isallbr-O.. (1) Isati.n ...y .1.1. , ad OF T.U. MI. NsdY.O. lrwn inn IKAbY-0n. Il) Ienllan of, • X 11 PN."I.. .NU Oman an.,., by, mrypntlon newly PpmbII.P In Fl•a4: L Dale.11......... In Flbrln.: A, Mums, of Fu0•11m. ompl.Ym. In".wflm: U. 11 N ns-11.• an n.mpuen au. 1. 1.11cn its a Yum er blgMpa m., PLN IumIM Van additional Inlem:.H...1 naulnn by In. CounsY GommWlon. City CemmlW ........ MY RPp..... 1 nmbY .aunt Ina Aeolian of an oNlnan.. ennline an ..torsion from ad r.l:nm taxation on to. sbm. prnp.Md .an at. to S.Ilon 1[1.11.{• Floods Idi 1 aloe to furnbn .teen atom, I..lomela lnfarmaon n in. ten..1 Coo MY Commn.lemn. ln• pvrnlne.ulna MY Of Ine muniClp•Ilry. Or too Men trR MPnk•r m.r naYnt In rryar. le 1.1 .•mpllen nOYnfea hare... 1 n.I.bY..MIIY tom, to. inlorm.l.n... sal s.11.. I.... Arta by me I....... -.1. M temp... 1. the p.1 .1 my kna...fe ane ..list. (If en.nd by ermine other Ills" tn•.np.Yer, hi..il..tlpn k b......1 Information .1 MICn at AM sly k....1L) DATE: SIGNED: ty-p-1 SIGNED: Raxnr.1) (Prep.er's Aaanu) TITLE: PtananMs TClt.none Numhaq PROPERTY APPRAISER'S USE ONLY L T.1G1m rauawCmme e..... or mun..mnly I., m•wrrt.a al yorlrom as o..nm I .. mun.l: K A•r•nu. fart 1P In. Frailty or or mumnp.OtY for m• Gurnm 011.1 Yen ny roar. of ...m.. tom m•rlourly enm•e.... I fMl.oxen all. EWm.. of m. Menu. ,h"n .owe tar Ito. N Inc county rr m-c.sonty Forme Ine tortoni fiscal year If art enempt1on.11'..a 1.1 well Gr.mea old m. FNa•MY fir wnbn me eumpnon if nou.te. omow....... uepa m bnmon: n. enlmne of In, fast.), Foie ..11. m......y OF mwlceenq If me ...m Pn.. , woed for woe granted: mp,oremmu 1. 1.1 et...ny ......I P .ay v. , ss- e.nmmea IM r pmeeMr bF_. sere meal .,n, de.mamn, n .eknen by sn.dn ....0x1'.).1 psi, Fdol . nn a.n, n s Frew n.InO OHYaaw..n.I an E nu.ny O-o... .-, = , er Nepner , - w, yn rn.., worm en,m.uon m» dr aPa.... SIGNED: Ar,a--) METURN TO DE FILED NOT LATER TITAN MARCH i - - ATTACHMENT 1 OR BOOK 0 8 2:3 PAGE 2 6 14 GENERAL INFORMATION Under the consitutionil amendment passed by the voters of Florida on October 7. 1980. tax exemptions can be granted to new and expanding businesses only alter the voters of a city and/or county vote in a referendum to alloso exemptions for that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: G ) Thu Board of Counn• Commissioners or governing authority of a municipality (city or county commission) votes to hoic such a referendum. or (1) II the county or city commission receives a petition signed by ten percent of the registerca voters of the county or city. This referendum question can then be placed before the voters of a city or county at any regular election or special election called for voting on die tax incentive referendum or for any other purpose. If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business New Business ta) A manufacturer which establishes ten or more full-time ions. (b) A business with more than 50Tr of its sales outside the State of Florida which establishes 1-5 or Mort jobs. (e) Office space of a new Florida corporation housing 50 or more full-time employees of the corpo- ration. (Tile above are applicable if the business is on a site clearly separate from any, other facility owned by tht same company'.) (d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes. Expansion of an Existing BIT' la) A manufacturer unit fields a minimum of ten new employees and increases employment by 107, or increases productive output by a minimum of 107,. (b) A business with more than 502 of its sales outside the State that adds a minimum of :5 new em. ployees and increases employment b>' 10% or increases productive output by a minimum of 10%. The expansion must be on the same or a collocated site of the business' current operations. tf a business meets one of the above definitions as a new or expanding business, it must then file this applica- tion with the county or city commission or both. After the city or county commission receives this application. it must submit the application to the county peoperly appraiser for review. After the property appmiser Makes the report as to the fiscal impact of granting the exemption, the county or city commission shall Ihen adopt an ordinance in the usual manner-granting the exemption.. if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also. a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a tits, or county. The exemption can only be for the improvements to the real property' and for tangible personal property, The land on which the new or expanding business is to be located will still be taxed and Lr• s must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that eovernmenial body. A city can only exempt its taxes: a county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the 1981 assessment rolls. STATUTORY DEFINITIONS eishish +F3.3fop1, Flonm a«lul«. '-Slum m.an, an a wn¢n lows II • ore. seemmanes bump. wool lanem ml o mes?Omiul, wnr a or .,on Ot OIIaOlallon^OOnanOra+lOn, ape O .1thernancs maoseune olotlaen let es a .. .. moot, all. unnnwn, or shu., C.C., I,, ..fly OI pOOpnron me o ,,.hum'. Inc a.. Isence of wnpluml were, sno<nu/ a or Op. CRY oar IYe o n 111..n o F. oz. fact.,, if len.c.'se 1. s. saallnO m ...... Or crime .rid a c ntlmenm to we fautille nuns, ulav. ohm wsu«e. 0) '•&4mics a a In wnicn the« aI movantal nuamuel an o1luum, poem relso, w Oelmenuno u.unp« fine c.npmom n meanar .is or oloGrly OY Irre o affiliates a of me lonowmp boon Fashion pwn.nuoly Imam m a run the splop •Owln of a mIY O miclullty imp. u 10 In. ..Chic h1sun- 1..". molls, . wetland. it, olsesnh ci nolllon ano Il : Y) pb.emmanc. a peleen.f or in.... ume prat uYou,; FaFI Fa"w 101 layout in reunon to sus, am S.I s....ee«IbI11fY or uselulnss; SO U...n1uIY OF unease con0111on+: {1 0.11rlorallon of M. or omit .morel.!. reem n: NI To. o is lu anslemsnl .u-othimy so eseOlnp Ip tau .... W Ine amp; .n0 n) Wvmlr o1 own"Imo o O.lea:ys or u ..I condition. of clue which prmnu m aler.sC1111Y OI .... witnln In. OllsnOUlee ,as Ye.l00p a/aa. asallon 15(.011(1). FICUpa slelulef . F«lu" l0 lane ..mlullOn by Outten of . y.., loll nu lope a other of the e.emOnon for that rut. ..'hill r)L.0131 u) an. (15, is orlp Stalin... 2.01 "Nash bp,nen'• moot: "I A Opmesf mint lm., 10 01 loo, I. .-ploy l0 lunalme omr.a 1 Fwla, w nulaapr«. olocesia. c stal IaOtiCah... or ........ ter use "finu of loophole c ooenv a, a le.. locinon..I Mleh [ o/.sl an mo.h,al or menubelu lop Flsnl:- 12) An, oufineu «ueiunlnq 25 o e 1001 to employ 25 or mine lun.h.h. employrn i Fmnm. One, u 111.., CI w [. of pilots. o 21.1101. im m Inc ueinev .,In r en le wnicn II Oegr is an economic chhorroompris so whose- Its teemmlOn II I«I Irian 0.5010/ ucn Year me see-mien I, u+lmee: or (3l Any eIbc, spas, m Fmrme o nee + ewly.tho ep msu,hhc 50 n motes. Oil n1se, I'll c n•I Wen ot malt . «mn .1 t me clear,, ....... Von. fins, emir r Incomes., rte penuom ewoeo or to uhn. Oilmen. III Any opines, IOOUO Ism+re+o«gna«pe slum or e111sher area punwnl lo,. 163.355. F. Ins Como" of .it seen on, me tom, mum «.. or enpnloe + ras fn«I n+« me urns loo Imp as in 1. 163.3.017)..0 10). ,s) -'e.p.plon of m v111I..pwmnl - 1+1 A ONmnl es eaumnp 10 Or mOn hbos I ploy l0 a loon 1.11.1 me employs,, i Flolua, w nubcl C." ph..c u. Co.. you nil, 11.1 ulsrt+or .1..uets le < uemf or ImHme pu.enu .roam, at . 'I.. loulwn wmrn comprise, on .nounrbl or m+n Yla[6 .r n, puns or ,0) Any business nhifeWnlnp 25 o e loo, io emOlay 35 0 more Wrl.tm. empleye« r Fm/l... ..of . .«« slap; a env. 0 214.71(3) Ior the ucility wlln a ecl to which 11 ni «n + em as I aYmotion n rte 0.50 let ucn yea In less mourn If c isronou In., . m ....nlml + in. 1.uhut ee who. site., o houll. Fiatopsmlon o by the sae business. r. .ullln. In . net W 0 in employment of hot less than 10 « an Increase in ./onuct f. op put or net Chalfant «. ion 30 per ten 1. Session 214.)1(31. F...... Statute,. S.... Fa[IO1 l31 Tnt sal« laclo/ Is . friction One f 01 0, wmcn n me feu: 1«n of Ine "..y., in 'hit 1?1a . 'nv Ine ueame year or at... and Ine . of 01 wnicn c ,he lbul Ia) ef of lot I ...I,., .-Ywn." Conn. ins ..... I. yo., or pall.. la):. sale, ,annme rte piny a rot Inn sun rl Ine erow.lY .f a llwhis. or f uir pap to a eprtntnr wlmin mq ihew eearOlnf or me Lp.p. I I finer ..."hers, .1 his it. 2. wnan unlit hull n alnMed pY a eoo0er. m« mr a obis. .memph. I, a p.ewal-m rl' 1. a [oownun..1 a, a le.-h-wmdam 1. t Ishin.a prpc«apr. Iii. fain la«pr for1.51.- en for such Chirp oWl panwlM to such prp[b- f small p 1a fain. a One .,as hioot for IIu ..Of nxem. ve« c l orownm. inns 11.11 liel".. Ishii on- it . h,pl as- half'. 1. 1 Inc COnlrp[OIIaIIIY or in. car. .. In, I aroufwr. mill It Ipnbneo m the n a "own prompt..nu II Mf q- ale, mmep Iw he, plume yell. 1. 4afmOYnemenl.1 aoseem. wpaf.n role[ .pnn.n Monson is tppgnthe. a Atrwer.mem. per 01 s coowunve, or OF w.-, amp . wn:nfpr wil ml ......... f"e wumn tut fun. 1.) sales of is 11....... orp.nlasif imhoin.. .of not Unilied I., e.nun5 an. f slob min.fu- s. MrMIMnI COmaniu. resh an... lo,u, ens 11u111, .rip thioll as [pmp.mu, spot be in 11 nn. Il oenwo horns 1. Fuf- 'posers""-, o mpr c mapulon un U" urvm« Imp eup whom Intl turn. rpr m 2. biros shpts, vom Inch, so tau. p in Other ....Alit, fracre"of within less let, 3. Ipernl sort avr0.nm nObtlWO wllhin ton .late; 4. In111.1 cprao 1. uscm.rs .1 users punnet m within this staff, lot mrvlnl Cabot ounces oI nab,n .CCoumf. w Y[IrOnn any Coils .n[YruC.n 4/IY ?9fucnA mume;..I 5. An, o`n., ,.is hime refuln a .low rat rmm, i Irpnn.I ptamunpn wumn In., role. In C.mpu Inp In nu ul<rre0 1 o<u"JOn`.n. a O 1.1-to n ml «..1111nr.c 9 too.lOfif 1.1-to rmmep r u 15.11) Or Ine Intern<1 FOn<nuf Colic. Oul w 1"<nu to wusere, any a IIm.Ol. coOpOrri m• u er% ,ISO4tb)ouhc internal A...... Co.', Irom an"mr, .,met' nl 1.,. 11... toll of m O<O w11 1. toe fr:un! Itself J om <xaep leems or In. nnmem erectly .let.. historic. O O 9 Z 30tld E Z a 0 moos NO UNANONWNWINNNNOWNW1 4 RESOLUTION NO. 03-258 A RESOLUTION ESTABLISHING APPLICATION PROCEDURES AND A REVISED PROPERTY TAX EXEMPTION ELIGIBILITY CHART AND PHASE OUT SCHEDULE FOR NEW OR EXPANDING BUSINESSES APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners to grant a local option economic ad valorem tax exemption. 2. On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. 3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phase out schedule for new or expanding businesses. 1 a 4, The Board desires to adopt new application procedures and a revised eligibility chart and phase out schedule for the County's Economic Development Ad Valorem Tax Exemption Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the application procedures and revised Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax exemption for new or expanding businesses. 2. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; 2 l e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 3. The Board reserves the right to require a company receiving an ad valorem tax exemption from the County to refund the exemption amount with interest in the event the company closes the facility that was the subject of the exemption within fifteen (15) years after the Board grants the exemption. 4. Resolution No. 02-196 is rescinded upon adoption of this resolution. 5. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula Lewis AYE Commissioner Doug Coward NAY Commissioner John Bruhn ABSENT Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 28th day of October, 2003. BOARD OF COUNTY COMMIS5IO T•/ ST. LUCIE COUNTY, F A e Clerk Cha' n 3 APPROVED AS TO FORM AND BY 4 Ad Valorem Tax Exemption Program St. Lucie County The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determine if you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Victoria Stalls, Economic Development Analyst, at (772) 462-2536, Table of Contents 1. Program Intent IL Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption - "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines I. Proaram Intent The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%) of the assessed value per Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H. throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. Enactment Authorit Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions, In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. III. Definition of Terms The following words, phrases, and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: A. Applicant - Any person, firm, partnership, or corporation that files an application with the St. Lucie Board of County Commissioners seeking an economic development ad valorem tax exemption. B. Business - Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. C. Coun - St. Lucie County. D. Department - The Florida Department of Revenue. E. Expansion of an Existing Business: As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. F. G. Improvements - Physical changes made to raw land, and structures placed on or under the land surface. H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). 5. Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same Business. Property within a Community Redevelopment Area (CRA) - Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. J. Real Property - Shall be defined in Section 192.001, Florida Statutes. K. Sales Factor - As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L. State - State of Florida. M. Tangible Personal Property - Shall be as defined in Section 192.001, Florida Statutes. IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption" Before completing an application, please read the following eligibility requirements that determine whether you quality for a tax exemption under the "Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92- 24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. New Business As defined in Section 196.012.(15), Florida Statutes, a new Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or (d) A Business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). (e) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. G. Expansion of an Existing Business As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such i improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. 9 V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Economic Development Division, an application prescribed by the State Department (Form DR-418, and County Supplemental application. B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; 10 i (i) source and supplies (local or otherwise); Q) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. C. If a new Business or an Expansion of an Existing Business is locating in a Community Redevelopment Area, the Community Redevelopment Board shall be provided with a copy of the application for review and comment. Input from the Community Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax Exemption, the agency may submit an objection in writing to the BOCC for its consideration. II VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Economic Development Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90- day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 1 s` of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Economic Development Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, a one-page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3: Preliminary Eligibility and County Commission Resolution: The County Economic Development Office will accept and review the application for preliminary eligibility. The Economic Development Division will review and notify the applicant of eligibility and/or any application deficiencies within thirty (30) days of submission. Step 4: Preparation of the Final Application: Upon receipt of the final application, the County's Economic Development Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. Step 5: Review. Analysis and Recommendation of the Property Appraiser and EDD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal 12 impact of granting the exemption, sign the State application, and forward to St. Lucie County Economic Development Division's Office. As required by Florida Statute the Property Appraiser's report will include the following: 1. The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue if the actual total available revenue cannot be determined; 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The EDD staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6: Preparation of the Exemption Ordinance: The Economic Development Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Economic Development Division, and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the County may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: The name and address of the new business or expansion of an existing business; 2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of 13 exemptions currently in effect, and the estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and 4. A finding that the business meets the definition of a new business or of an expansion of an existing business as set forth in Section III. Sieo /: i ne Ciulaeltnes for Determining the Percentage of Exemption See attached Program Guidelines for point calculation using number of jobs, hourly wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. 14 VII. Contact Source for Assistance Exemption applications are available at the County's Economic Development Division in the County Office on 2300 Virginia Avenue, Fort Pierce, Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicantlagent who is trying to determine the viability of filing an application should contact St. Lucie County Economic Development Division. St. Lucie County Economic Development Division 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-1550 phone (772) 462-1579 facsimile Larry Daum, Economic Development Mgr. Victoria Stalls, Economic Development Analyst 15 St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existine Business - Number of jobs created Points 25-49 5 50-99 7 100-199 9 200+ 10 Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourly Waee Rate for New Emplovees Points Less than $12.00 per hour -4 90% of average - $12.00 per hour 2 Average - $13.34 per hour 4 25% above the average - $16.68 per hour 6 50% above the average - $20.00 per hour 10 100% above the average - $26.68 per hour 12 Capital Investment Points $150,000 - $1,000,000 2 $1,000,001 - $5,000,000 4 $5,000,001 and up 6 Scaring - see Attachment I Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case-by-case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. Revised 10/2x/03 16 ATTACHMENT 1 St Lucie County Ad Valorem Tax Exemption Program ' ChartA Non CRA Arm This exemption Is on both Seal Property and Personal Praerty Total Points Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 7-9 100% 75% 50% 25% 0% 0% 0% 0% 0% 0% 10-12 100% 80% 60% 40% 20% 0% 0% 0% 0% 0% 13.15 100% 90% 80% 60% 40% 20% 0% 0% 0% 0% 16-18 100% 90% 80% 70% 60% 40% 20% 0% 00/ 0% 19-21 100% 90% 80% 70% 60% 50% 40% 20% 0% 0% 22-24 100% 90% 80% 70% 60% 50% 40% 30% 20% 0% 25+ 100% 90% 80% 70% 60% 501y. 40% 30% 20% 10% Chad S CRA Area This exemption is on only Real Property. 7-9 100% 100% 100% 50% 50% 10-12 100% 100% 100% 100% 50% 50% 50% 13.15 100% 100% 100% 100% 100 % 50% 50% 50% 16-18 100% 100% 100% 1001/6 100% 100% 50% 60% 50% 1921 100% 100% 100% 100% 100% 100% 100% 50% 500/6 50% 22-24 100% 100% 100% 100% 100% 100% 100% too./. 501Y. 50% 25+ 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% This Chart Is a guideline only. each exemption is considered on an Individual case basis by the BOCC 10!7/2003 ATTACHMENT 1 St Lucie County Ad Valorem Tax Exemption Program Chart A Non CRA Arse This exemption Is on both Real Property and Personal Proerty Total Points Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 7-9 100% 75% 50% 25% 0% 0% 0% 10-12 100% 80% 60% 40% 20% 0°A 0% 13-15 100% 90% 80% 60% 40% 20% 0% 16-18 100% 90% 80% 70% 60% 400% 20% 19-21 100% 90% 60% 70% 60% 50% 40% 22-24 100% 90% 80% 70% 60% 50% 40% 25+ 100% 90% 80% 70% 60% 50% 40% Chart B CRA Area This exemption Is on only Real - . , 7-9 100% 100°IG 100% 50% 50% 10-12 100% 100% 100% 100% 50% 50% 50% 13-15 100% 100% 100% 100% 100% 50% 50% 16-18 100% 100% 100% 100% 100% 100% 50% 19.21 100% 100% 100% 100% 100% 100% 100% 22-24 100% 100% 100% 100% 100% 100% 100% 25+ 100% 100% 100% 100% 100% 100% 100% This Chart Ise quideline only. Each exemption is considered on an Individual case basis by the BOCC Year 9 Year 9 Year 10 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 20% 0% 0% 30% 20% 0% 30% 20% 10% 50% 50% 50% 50% 50% 100% 50% 100% 100% 50% 50% 100% 10/28/2003 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues Applicant Name: ANNUAL REPORT As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County Commissioners no later than January 31 of each year the exemption is desired. 1. Business Name: Mailing Address: 2. Name of person in charge or owner of Business: Telephone No.: (_) Fax No.: (_) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ f ] Yes [ ] No 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Office [ ] Service [ ] Other 10.a. Number of new full-time employees employed in St. Lucie County, Florida: _ (1) Increase in productive output resulting from this expansion (2) (3) Number of St. Lucie County residents employed Total number of hours worked during calendar year of exemption [ ] Professional • (4) Total gross wages paid during calendar year of exemption (less the top executive's salary) (5) Number of employees prior to filing for an exemption 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility- one (1) location only divided by total sales Everywhere from this facility- one (1) location only 12. For office space owned and used by a corporation newly domiciled in the state of Florida:. a. Date of incorporation in Florida: b. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above-by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer) TITLE: (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: 2. Estimate of the taxable value lost to the County: Improvements to real property: DATE: SIGNED: Tangible Personal Property: (Property Appraiser) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 - H:IECONOMIMI)VALOREMWPPLICATION 2 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: 4. 5. Address: Telephone No.: (_) 3. Authorized Agent: _ Address: Telephone No.: (_) Type of Industry or Business: Anticipated new capital investment as a result of expansion or relocation of Business: Fax No.: (_) New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): New construction: 7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ] 8. Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: % source of supplies out-of-State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: Fax No.: (_) i I . I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: (Preparer) SIGNED: TITLE: (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staffs recommendation: Date: Signed: (print name and title) (Taxpayer) 10-07-03 - H:\WOONOMIC?ADV ALOREM\SUPPLEMEN rAL APPLICATION St. Lucie County Board or County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No.: (_) 3. Authorized Agent: Address: Telephone No.: (_) ty/zip Fax No.: (_) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: 8. New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): This relocation or expansion would not occur without the exemption: Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: Yes f ] No[ ] % source of supplies out-of-State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: Fax No.: (_) i I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer) TITLE: (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-28-03 • H:XECONOMIC\ADVALOREMISUPPLEMENTAL APPLICATION 2 t St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Mailing Address: city/zip 2. Name of person in charge or owner of Business: Telephone No.: (_) Fax No.: (_) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. 5. Date Business opened or will open at this facility: a. Description of the improvements to real property for which this exemption is requested: b. 6. a. Date of commencement of construction of improvements: Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's Original Estimate Taxpayer's Appraiser's Value of Condition Estimate of Use Only Cost Fair Market T Good AvB. Poor Condition Age Date of Class or Item Purchase b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ) or as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: 9.° Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Office [ ] Service [ ] Other 10.a. Number of new full-time employees to be employed in St. Lucie County, Florida: b. If expansion of an existing business: (1) Net increase in employment (2) Increase in productive output resulting from this expansion _ (3) Number of St. Lucie County residents employed by Business C. Average hourly wage 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility - one (1) location only Everywhere from this facility -one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) SIGNED: SIGNED: (Taxpayer) TITLE: ] Professional (Preparer) (Preparer) (Preparer's Telephone Number) 4 W PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: _ 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business f ], as an Expansion of an Existing Business [ ], or Neither [ J. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH I 10.07-07 - H:IECONOMICIADVALOREM\APPLICA770N AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Resolution No. 12-106 - Final Assessment Resolution BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 12-106, the Solid Waste Final Assessment Resolution and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Daniel S. McIntyre Originating ITEM NO. Vi I'Ci DATE: September 4, 2012 REGULAR [] PUBLIC HEARING [XX] CONSENT [] Faye W. Outlaw, MPA County Administrator, ICMA-CM aov12w andA royals Management & Budget Purchasing: _ r'e Go Solid Waste Mgr.: Public Works Dir.: Ron Roberts Finance: (Check for copy only, if applicable) Don West Eff. 5/96 • INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0915 DATE: August 9, 2012 SUBJECT: Resolution No. 12-106 - Final Assessment Resolution ###iiik#ikiiikk*##*###k#4ki###*#k#iiii#*#k###iiiiik####ki#ikkiii############ii#### BACKGROUND: Pursuant to Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. On September 14, 2004, the Board initially levied recurring assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal of residential waste and recyclable materials generated on such property. On August 7, 2012, the Board adopted Resolution No. 12-105, the Solid Waste Initial Assessment Resolution. This Resolution authorized the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2012 at a rate of $252.06 per dwelling united, directed the County Administrator to prepare assessment rolls using the uniform method of collection of the 2012 tax bill, and established a public hearing to be held on September 4, 2012 at 6:00 p.m. or as soon thereafter as may be heard. The Property Appraiser has prepared 2 Final Assessment Rolls: (1) Assessment Roll "A" contains residential properties with the County Solid Waste Urban Service Area at the 2012 assessment rate of $252.06 per dwelling unit. (2) Assessment Roll "B" contains residential properties with the County Solid Waste Urban Service Area that were erroneously omitted for the 2011 assessment. Previous Action: 1a nua ry 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste Collection Services. May 12, 2009 -The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. for an initial period of 5 years. RECOMMENDATION/CONCLUSION: Staff recommends the Board adopt Resolution No. 12-106, the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign Resolution No. 12-106. Respectfully submitted, icy/ Katherine Barbieri Assistant County Attorney KB/caf Attachment Attachment "A" ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION NO. 12-106 SOLID WASTE SERVICES ADOPTED September 4, 2012 TABLE OF CONTENTS Page SECTION 1. AUTHORITY ........................................................................................................... 3 SECTION 2. DEFINITIONS AND INTERPRETATION .................................................... 4 SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS ........................................................................... 4 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION7 SECTION 5. EFFECT OF ADOPTION OF PE50LUTION ................................................. 7 SECTION 6. EFFECTIVE DATE ............................................................................................ 7 APPENDIX A:AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS ................................................................................A-1 APPENDIX B: PROOF OF PUBLICATION .......................................................................................... B-1 APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL ....................................................................................... C-1 RESOLUTION NO. 12-106 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; AMENDING THE PRELIMINARY ASSESSMENT RESOLUTION: ESTABLISHING THE RATE OF ASSESSMENT: IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE COLLECTION; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs against certain Assessed Property within St. Lucie County; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs for each Fiscal Year is an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property; WHEREAS, on September 14, 2004, the Board adopted Resolution No. 04-201 which authorized the imposition of an assessment program for Solid Waste collection, disposal and administrative services, facilities or programs within the County Urban Services Area using the tax bill collection method commencing with the 2004 Fiscal Year; WHEREAS, on August 7, 2012, the Board adopted Resolution No. 12-105 (the "Preliminary Assessment Resolution"), containing a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to Assessed Property, describing the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs against Residential Property, designating a rate of assessment, a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance; 1 WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Preliminary Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, on August 13, 2012, notice of a public hearing has been published and, as required by the terms of the Ordinance and the Preliminary Assessment Resolution, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard. An off idavit regarding the form of notice mailed to each Owner of Residential Property is attached hereto as Appendix A and the proof of publication is attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 4, 2012, and comments and objections of all interested persons have been heard and considered as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Chapter 1-9 of the Code of Ordinances and Compiled Laws of St. Lucie County; Florida, Resolution No. 04-201; Article VIII, Sectionl(f), Florida Constitution; sections 125.01 and 125,69, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of Solid Waste collection, disposal and administrative services, facilities or programs described in the Preliminary Assessment Resolution, in the amount of the Solid Waste Service Assessment 2 set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the County Solid Waste Urban Service Area will be benefited by the County's provision of Solid Waste collection, disposal and administrative services, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution from the Solid Waste collection, disposal and administrative services, facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably apportioned among the Residential Properties that receive the special benefit as set forth in the Preliminary Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the Preliminary Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2012, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $252.06 for each Dwelling Unit is hereby approved. Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (D) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, within the solid waste enterprise fund. (E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Certificate of Occupancy (or Building Permit as chosen by the Board) is issued beginning June 1, 2012, or has otherwise been inadvertently omitted from the Assessment Roll, based upon the rates of assessment approved herein. The County shall provide invoices to those Residential Properties requesting payment in the amounts set forth herein. Failure of the Property Owner to pay such amounts within forty-five (45) days shall render these amounts delinquent. Such delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent 3 years Tax Bill. In addition, the Building Department shall be authorized to also collect an administrative fee of 2% of the amount of the Interim Solid Waste Assessment to pay for the costs of collection and processing. The amount which shall be imposed upon Interim Solid Waste Assessments, including the administrative fee, shall be $21.43 per month per Dwelling Unit for each month until such Residential Property can be placed on an Assessment Roll. (F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of St. Lucie County, Florida, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. The Assessment Roll includes Solid Waste Assessment that are delinquent to date. (G) Such Solid Waste Service Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (H) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of this Final Assessment Resolution. 4 SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 4'h day of September 2012. (SEAL) ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS 6 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Debbie Scribner, who, after being duly sworn, deposes and says: 1, Debra L. Scribner, pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Preliminary Assessment Resolution adopted by the Board on August 21, 2012 (the "Preliminary Assessment Resolution"). 2, In accordance with the Ordinance, Ms. Scribner supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Preliminary Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. / e Debra L. Scribner, Affiant STATE OF FLORIDA COUNTY OF ST, LUCIE COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed. before. me this le-k day of 'J, 2012, by Debra L. Scribner. She is.ersonally knowr?o me or has produced as identification and did take an oath. ' Printed ame: Sinn 1,,aNQ4q 0C Notary Public, State of Florida At Large My Commission EXpfft: BWMLAVENM Commission No.:* cs ?ywz4,2ota °ji.Ea ntF? BanGdlhu9udpYN?J6Mnu? 60 g Fnday Abgest 10.2012 as sere-=5 to t AS one erase cuss PA>aes , C °M T C N O w e m , ? f. e a •C `o 3 N m Ui Z Z 3 Iii- V 3 y = O 0 ? c O F) m U U U x J O O -'. U) J Z a 0 N c t; N m a 01 ? £ m E Lo fm a o Z ? C L1 ) 0 -r: -d -= C d U as U Q U) M a N O C n O O a M a c0 p 00 f n x ati o N M m as c Is c E Q) Z N a E O H Z p N _N p o Q E U e c or To- . Via C or N i3 ` o 4 Q O n • ` s z r V N 1 M 'y Z? C) ? m a ?Q 0 as U As . as y am or y c 9 o cP ' 5 o C g -45 V 11CA C ? w FA = dd z IL F © © ,AA nil® ©caas® ION® Business Defense workers fighting proposed budget cuts r/aWlfalMSwaPoUW a®oup of ab°m Me em mtakeamlherlmkee Z ' said he war glad his em- km,,v . eabout the r ut- Is hselopmml fail Sr.s«ua ploymarmm PnltsiYOr ; ng come loco :o0 Pubs hre plover was 'o kin6m T . paclun Pnn's woh f4rce. SiMrsky Aianvh, said lh< zkY mtlluckhe<d Marlin mmaken®rimbrme hghlsh fi,.ryendivg MrrdaksWedmlme tmo-Mas were ass Md Wish clock tieYing Ha saNlayoHSalPren F-lsluhrc StritrFTglda{tt. Is.'TM1es<kind Wphs J ms1Y B0o0u joM it Cm- mgstrralymp.ieFu?ars ic d I. vneranssond I. (rent of a ist°I Comirmimt and Ann da wher , f t a •We likedoisgbusiness he nd ' id i an'lcomeback gvickll1- ' paaoo,paagg?? del am rose sides web ehbc e g gq Am«km Bagov Wedves e m vu ac v ng cued xouldbe lotbe rca we mmas er og dtl b ad i MS wh en thry rc loll; IezaYl. C 6 i tmhubrpts°bythmd ptlltinl pury'BmbevH ' dip.hnl per WMmey sod , 'hurdrctls"if aeques,ra- awss ogmae l n s ea.•Hrss said. ref<nhg onYl0 pmnaneeg - vm who workiw!open a Me, war a°d a:. spmdBte cutbacks tick 5v, Itr grcn kris Phu ws IionwiDeemltmaarila omerlotaldekmeivauA; lion -cullmanacled by bolh,rPnumtlSiknNy, aircraA derelupmem I oNivg la areplw.m - The Palm BeachCrm trywerkers wa[vged at Conger s au reduce the the lwlkulNe[ makeelhn Prasv2dbeisommi 4ased 'm mH-hd y.5maikx tY C."Towioe r<cevlly arellymnkesce"' dehal-hallrw[d rohap sharesPnrt'scampus weft =j abmnhe impitl ov ogre- miNaryamp>xnzm5ouh p?[ovedupto slAmil- "We need each one o! Kval Year-nod. of W es. Palm spareca sens.Iahnsm uid FbrJaalm xwWbemut Bonin PmpenYlaabrcaYs IS. se your-fees d c m ` Hezud hall. which bu Mal Prison, who has beavdhiswif a lPalos ioMmsyemsswssati andpaymemzsfliesnadds a Ain Pon abau1l.000wmYmsioWlm worked in quality user- huyivg a hump n Palm smtl Surrnt Bice Si, len, Do workers and mWOs yruidmt David Nmleculd Be«h Caumywouldh,ve ancernr Prinfora9yeam, Beach County um0 they Po for g east .e. 53c.tiews. Sales on eenT n.waa -.. tax-free I(PSrecagrihedforachWi irmts M Wealth ManaRemem, headquartered in Pon 51. ,x K??df«in«Mrmmn?wnhhmm- weekend g nmoanGlobs urnu«mive Pomm ao1z. her, alt rlrbns eagle. enrmne Eames eA N eaa4zrv< mre„ferleaM°g B tAers aetOVtlhe o en- l giltalles m ti nhen.Lr n a ea l wh S1 ump i itdi ?lion:n lorerr up:M1antg. e BosinessWalwnhostsSeanBoyle can St, ruck De,ln<a Women aM ,he Children's Servkes Caunni of St. Wcie County combined to the- Sales over thelaAe< cu saRselorlhe mmmnnily. we&mdfAl O.Ithhyeav Sean Bode. the dvenoroMhe Children's Ser- «ardCvRl the Coe vltesCOUn ik h,dprmli'Lume Wnoeas Wamenbmm er Repns lntlea, worth upmsna0alks a.hev AUg imeeimg.Whle given a nmed e[alls,l<r were quh.h whether Prvenih t r lr u t down br 34 PercentT he m m bh RAil abu . andti drinking he crime o ch m S de l sed or decreased. members disc heir v er in S lz o s s"im, meg showed no growth at all aO ymn,jurenil<cdere hard«reawd<3 go for the week thel Florida = u dmr all em, k t h Is Lnrr r a held he tea holiday week s ek gone ove Kr' mno f a°d oegl« 6 nrelease evd.a t Ni on. em. and More drinklvg is loxerthanthe state average. a form the International The Cbild eY Se[ita GUned funds $3 pmgr s CounevofShapPma Cam that annually «slae -Ever l0.0ou children and mar tees. Parents. Thin ruu nh, deal in Mmnea the fragility of Sun OMIS the emnamy: Bald Ed levueee lekom.eWMeeeOenale,<e coffee wim Port St. tone 06 e9pam. w0.1apan51. tune"A"Amlp i n,er,il95 S.EABme Biva. ilylrot gPnal?l?usmafsroilrraptrat tooter Yanayemem c rq 0 per,, moci Y,gmm uove?i tear wznue.ie IlnceJdoa.m: s:10p.m.. Teeuvaf ,ITUnmaahnL mmoucammemen,an. less ...npsMl5.0eean Palma Peenertenic.... 21515,L Oenn lira, 11.11 Is 1:10 P.S614111151, Tuuxum Slow growth pro)ected to stale emnamy S,ae 5nsseep[4lenhgshe ante tocollect mnssb ouwldidra mntinue mgmwslawlyorertbe vea.two rM Kw[nler Floss Ater m 'i 11 Is I Is A, As e =1 A, al A .1 As 11 A. ,Is .1 -A so `AArsAa 1 11 1'. As 'A" . y s nL , een A, -11 , I, is I ers It? . t ' TeWianis rr 1mr sion. [ ufi? m,sel. mw[ yowl Bave &yaar°Itl and a'-r r-die.h err:.a I.,. chug hrink, are Isom mpercrowded' Ale said. 'Pius. I Instead that Nerewemnilldeahmbe bad afierwara. • were bet take W, r lime ntl RI, who we wanted instead 4f par whhn let, over, McHe rysedd. The big stem chains. like Target Walwartnss? Office ....... back whom items In weskit circus ads this ...ill Supin will be cohering asowe.$B purcbses on Balkm3tho4 1 5em rday,a w ho hali a w Aug. al de hod br TaeRen no, ,or is'. A IS year. Furtheriu[o cell The Bern 772 2147-48114 Nobel . hereby gems Mat Me Board 01 County LommnSianma of Sc Lucie County. Florida (Me'Boaed•I veil conduct a public opening to consider imposing solid wane special assessments against chosen improved residential properties located vnthan Me County Solid Waste Urban Serves Aran to hod Me all at solid wane managment, college., and dnonel snmi facihon Intl programs provided to Inch properties and to authmae crliamsn at such assessments on Me tax fill, The hearing wig be held m Me County Cimmessmn Chambers at 6:011 Pm am September 4, 2012, or as soon defames, es to mane, may be heard in Me St Uccle Cmmy Cramivmn Chemises located on Me Third Has, to Me St Wcie Collins Adm nis0adm Mrs., 2]00 Wgiraa Aug... Foal PE...HOndo for the purpose of receiving public comment on Me proposed assessments. AD alt property raises hive a ri,ht Io appear et Me heanng and to file to appeal mydms decision sion me made e by by Me Me Boa Boarrd d we dap respect nonce to . Daronsidered to appeal my any manor considered atnsure heanng Mat . Nth verbatim atim gm record need is names, Bcicl including Me testimony and and maidneed evidence to : e ne se eo be made commerce msM M elry Malcolm m wtto upon which . pr I. seommo tla participat ol vic e Acmt persons nestling special ml Dan lm, or an retonneno participate in hen proceeding should trmaen Wiry p, AUA date nnfr W2J 462.1 Woe TOD pT2) 162-1 oOg, It lease seven dairy prior to Me Me due of Me heanng. The assessments w-ll be compmal by amplifying Me number of dwelling rents on each parcel by Me all of assuament The ran. if assessment for Me uptammg final year shop be 3252.05 pal dsvubng usu. The maaisions to of or assmtm hen can be charged in future fiscal years without additional noble Nall be URN pee dinalm, unit Crime of Me assessment roll, shower, Me amount of the aamssmem Ir be Imposed.gainsl each parcel .1 ,.,a,. Ind Me legal documentation relating to Me assessments are available for inspection a1 Me office of Me Se Lucie Co., Peace, App..... 2a00 empire Avenue. Suite no; Fort Pierce, trends. Us earealm ors unit be contend On Me ad Valorem va bbl m be stalled In November 2012, a5 areflected by Section I62d5R Hpida Shoals, Failure to paythe asseuments will Cause 1 tic cerOi¢ale to ba nmed againnme pmOQM whlCn miyra5uh M i 4s5 o(LIIQ, live. have any queuirns. please t ...act Ma Contain 2iT72) Monday through fridey between 8 00am. ' and 5:W Pm . .. . . FAYE W OUTLAW MPA.ICMA-CM Cmery Admente.5or NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS aemiree verses one red, APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for solid waste services (the "Solid Waste Service Assessment Roll") for the County is properly assessed so for as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection - . -- - -- -- -- ..............- ---_------------ Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by Novcmbu- 12012. IN WITNESS WHEREOF, I have subscribed this certificate and directed the some to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this U day of 3une 2012. ST. LUCIE COUNTY. FLORIDA By; le-piu.co Katie H. Price [to be delivered to Tax Collector prior to September 15] z ADDITION AGENDA REQUEST ITEM NO. )?/l DATE: September 4, 2012 REGULAR [XX] ADDITION PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: County Medicaid Billing /HB 5301 Proposed Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Based on the reasons stated above, staff recommends that the Board reject the August 31, 2012 settlement offer. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM //,7tt1'? Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng Finance: (Check for copy only, If applicable) Eff. 5/96 "` = INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1007 DATE: August 31, 2012 SUBJECT: County Medicaid Billing / HB 5301 Proposed Settlement Offer rtrt###i##ii###ii##ii#i########rt#rtrt#rtrt##i#####i##iii####i########### BACKGROUND: On August 21, 2012, County staff presented a memorandum (copy attached) concerning House Bill 5301 (County Medicaid Billing) to the Board. As set out in the memorandum, staff recommended that the Board authorize the County Attorney to file a petition with the Division of Administrative Hearings ("DOAH") challengingthe amounts certified by the Agencyfor Health Care Administration to St. Lucie County as of August 1, 2012. The Board voted 5-0 to support staff recommendations. The County's petition was filed with DOAH on August 31. As of the date of this memorandum, only 4 of the 67 counties (Bay, Broward, St. Johns and St. Lucie) have decided to file a petition challenging the backlog amount. FAC Lawsuit: On April 17, 2012, the Board voted to authorize St. Lucie County to be a named plaintiff in a legal challenge to HB 5301 filed by the Florida Association of Counties (FAC) and 57 counties (including St. Lucie County). This lawsuit alleged, among other things, violations of the Florida Constitution (unfunded mandates) and the applicable statute of limitations (four (4) years instead of the ten (10) year payback requirement imposed by HB 5301.) Since the filing of the lawsuit, the state agency, the Agency for Health Care Administration (AHCA) has been working to review the backlog amount, which review has resulted in significant reduction in the overall (statewide) backlog number. Based on the fact that only four (4) counties filed a petition challenging the backlog amount, it appears that most of the counties, as well as FAC, are satisfied with the reductions proposed by AHCA. In addition, FAC staff has been able to negotiate impressive improvements and modifications to the proposed process that are outlined in the attached information sheets that were distributed to all of the County Administrators and County Attorneys in the state on August 29, 2012. FAC Settlement Proposal Attached is a copy of a draft settlement proposal that FAC staff sent to County staff on August 31, 2012. The settlement proposal provides the plaintiff counties with two (2) options. The first option would provide an opportunity for those counties who are satisfied with the result of the negotiations between AHCA and FAC to dismiss the lawsuit and settle with ACHA. The second option would provide an opportunity forthose counties who are not yet satisfied with the result of the negotiations to enter into a stipulation providing for an abatement (staying) of prosecuting and defending the circuit court lawsuit (and the administrative hearing process) pending further negotiations with AHCA. Unfortunately, for the reasons discussed below, County staff does not believe that it is in the County's interest to accept either settlement option at this time. DISCUSSION: County staff believes that the State (AHCA) has overcharged St. Lucie County somewhere between $5,000,000 and $9,000,000. From this perspective, settlement is clearly not an acceptable option. In staffs opinion, abatement is not an acceptable option either because the proposed abatement does not propose to abate or stay the Florida Department of Revenue from withholding the County's revenue sharing funds beginning in October 2012. Because of the significance of the amount of money involved and the potential immediate negative impact on the County's budget, County staff believes that it is in the County's best interest to accelerate prosecution of the circuit courtcase, For this reason, County staff recommends that the Board reject the proposed settlement offer. If the Board approves County staff's recommendation and to avoid any potential conflict between St. Lucie County, FAC and other counties, the County Attorney intends to request the court to approve a substitution of counsel in the circuit court case. RECOMMENDATION/CONCLUSION: Based on the reasons stated above, staff recommends that the Board reject the August 31, 2012 settlement offer. Daniel S. McIntyre County Attorney / DSM/caf Attachment AGENDA REQUEST ITEM NO. _ DATE: August 21, 2012 REGULAR [XX] PUBLIC HEARING p CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: County Medicaid Billing / HB 5301 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends thatthe Board authorize the CountyAttorney to file a petition with the Division of Administrative Hearings challenging the amount certified by the Agency for Health Care Administration to St. Lucie County of August 1, 2012. COMMISSION ACTION: (j APPROVED [ J DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Reviewand Aporoyals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre la Jennifer Hill Il-i6 k;X)`fl? Originating Dept. Hsng & Com. Svcs: County Eng.: Beth Ryder Finance: )Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0917 DATE: August 9, 2012 SUBJECT: County Medicaid Billing / HB 5301 BACKGROUND: Attached is a copy of a Background Reportfor Florida Association of Counties (FAC) Board of Directors meeting that summarizes the effects of House Bill 5301. On April 17, 2012, the Board voted to authorize St. Lucie County to be a named plaintiff in a legal challenge to HB 5301 filed by the Florida Association of Counties (FAC) and 57 counties (including St. Lucie County). This lawsuit alleged, among other things, violations of the Florida Constitution (unfunded mandates) and the applicable statute of limitations (four (4) years instead of the ten (10) year payback requirement imposed by HB 5301). Since the filing of the lawsuit, the state agency, the Agency for Health Care Administration (ACHA), has been working to review the backlog amounts, which review has resulted in significant reductions in the overall (statewide) backlog number. It appears that most of the counties as well as FAC are satisfied with the reductions proposed by ACHA. Although St. Lucie County staff appreciates the efforts by ACHA to reduce the backlog amount, County staff does not believe that the reductions proposed by ACHA as to St. Lucie County go far enough. A discussion of the St. Lucie County backlog amount follows. St. Lucie County Backlog Amount (as determined by ACHA) The history of the backlog amount for St. Lucie County as determined by ACHA is as follows: $16,646,464.00 - backlog amount ACHA says St. Lucie County owes as of 3/12 $11,904,219.99 - backlog amount ACHA certifies that St. Lucie County owes as of 8/1/12 $1,785,633.00 - amount of 15% discount $10,118,586.99 - backlog amount that ACHA certifies that St. Lucie County owes with the 15% discount St. Lucie County Backlog Amount (as determined by County staff) St. Lucie County Community Services staff has kept detailed records of the disputed bills from ACHA for the past ten (10) years. Based on those records, County staff has determined that the County backlog for a ten (10) year and a four (4) year period is as follows: $6,908,609.11 - amount County staff believes that St. Lucie County owes based on a ten (10) year payback $3,114,431.94 - amount County staff believes that St. Lucie County owes based on a four (4) year payback Discussion Under HB 5301, the County has the option of requesting an administrative hearing before a hearing officer assigned by the Division of Administrative Hearings if the County does not agree with the amount certified by ACHA with the 15% discount (i.e. $10,118,586.99). The decision to request an administrative hearing must be made before September 1, 2012. If the County chooses to request an administrative hearing under the provisions of HB 5301, the County would owe the amount certified by ACHA without the 15% discount (i.e. $11,904,219.99). In determining whether to request an administrative hearing in this case, it is appropriate to analyze the County's chances from a "best case" - "worst case" scenario. In a worst case scenario, the hearing officer would rule against the County on all of the issues presented. In that event, the County would have to pay ACHA the entire amount certified by ACHA without the 15% discount ($11,904,219.99) so thatthe County would pay$1,785,633.00 more than the County would have paid if the County had accepted the amount certified by ACHA with the 15% discount. In a best case scenario, the hearing officer would rule in favor of the County on all of the issues so that the County would pay ACHA $3,114,431.94 which would result in a savings to the County of $8,789,788.05 from the amount certified by ACHA. County staff believes that the County records are in sufficient detail to support the County staff position. RECOMMENDATION/CONCLUSION: Based on the above, staff recommends that the Board authorize the County Attorney to file a petition with the Division of Administrative Hearings challenging the amounts certified by the Agency for Health Care Administration to St. Lucie County as of August 1, 2012. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment Background Report for Agenda Item 41 FAC Board of Directors Meeting . April 12, 2012 County Medicaid Billing I HB 5301 Chapter 72-225, Laws of Florida, created section 409.267, Florida Statutes, which required county participation in the cost of certain services provided to county residents through Florida's Medicaid Program. In 1991, section 409.267, Florida Statutes, was repealed and replaced with section 409.915, Florida Statutes, which provides that the state must charge counties for certain items of care and service. Counties are required to reimburse the state for: 35% of the cost of inpatient hospitalization in excess of 10 days, not to exceed 45 days, with the exception of pregnant women and children whose income is in excess of the federal poverty level and who do not participate in the Medicaid medically needy program, and for adult lung transplant services; and 35% of the cost of nursing home or intermediate facilities in excess of $170 per month, limited to $55 per resident per month, with the exception of skilled nursing care for children under age 21. Counties are required to set aside funds to pay for their share of the cost of certain Medicaid services based upon statements provided by the Agency for Health Care Administration (AHCA). AHCA provides counties with a monthly bill listing Medicaid residents for which the county is responsible for paying. Counties review the information to verify, the individuals' county of residence and determine whether the bill is accurate. If the county determines that the bill is correct, it remits a payment to the AHCA that is deposited into the General Revenue Fund. If a county determines that an individual for which it has been billed is not a county resident, the amount of the bill is denied and returned to AHCA. The AHCA researches each rejected bill and provides additional documentation to the county to support its original determination of residency or identifies another county that should be billed. This process continues until the county pays the bill, another county is billed for the individual in question, or until AHCA determines that the cost cannot be billed to a specific county. The majority of disputes with the AHCA are over determining the correct county of residence. As of December 31, 2011, unpaid billings from all counties totaled $325.5 million. For the period from state fiscal year 1994-1995 through 2006-2007, county contributions to Medicaid collections totaled approximately 93 percent of total billings in any fiscal year. Each fiscal year since 2007-2008, county contributions to Medicaid collections have dropped to less than 90 percent of total billings, with only 64.7 percent of billings billed in 2010-2011 being paid in that year. The decline in amount of billings collected has resulted in the backlog of past due billings. So that the state would more guarantee collections from the counties, the legislature enacted Ch. 2012=33, and altered the billing and collection methods in significant ways. The bill provides for the following changes to county contributions to Medicaid: • Revises the methodology for determining a county's eligible recipients for the . purpose of county contributions to Medicaid. • Identification of each county's eligible Medicaid recipients will be based on information in the federally approved Medicaid eligibility system.,,, • Institutes a payment plan to eliminate the backlog of unpaid billings to counties (from November 1, 2001 through April 30, 2012), over a five year period of time. • Authorizes counties to dispute the total amount of past due billings in an administrative hearing. Such an administrative proceeding is the exclusive remedy for challenging the amount of past due billings. Counties that so challenge will be billed for 100% of the total past due amounts that are certified by AHCA. Whereas, counties that do not choose to dispute the total amount will be billed for only 85% of the total past due amounts. • Authorizes, beginning in October 2012, the Department of Revenue (DOR) to reduce each county's monthly County Revenue Sharing distribution by 1/36 of the back log amount. Beginning October 2013, DOR will reduce the monthly shared revenue distributions by 1148 of 2/3 of the backlog amounts. The amount of the reduction cannot exceed 50 percent of the monthly distribution, and must leave sufficient revenue to service outstanding debt. • Authorizes, beginning in May 2012, the state to reduce the portion of the sales tax it shares with counties through the one-half cent sales tax sharing program for future county billings. The amount of the reduction will be equal to the monthly amount billed by AHCA. The reduction must leave sufficient revenue to service outstanding debt. • Counties may request refunds of billed amounts they believe are incorrect. • Directs AHCA, in consultation with DOR and the Florida Association of Counties, and subject to certain requirements, to develop a process for refund requests from counties. Beginning in Fiscal Year 2013-2014 through Fiscal Year 2020- 2021, amounts withheld from revenue sharing/half-cent tax distributions will be transferred to the Lawton Chiles Endowment Fund, to the extent that they exceed the official estimate for reimbursements from counties as adopted by the January 12, 2012 Revenue Estimating Conference until `D350 million is reached: - Daniel McIntyre From: Ginger Delegal <gdelegal@fl-counties.com> Sent: Friday, August 31, 2012 5:15 PM To: Ginger Delegal Subject: Alachua v. Dudek - Stipulation- ONE Attachments: Stipulation Summary.8.31.12.docx, To: ALL County Attorneys and the Medicaid Legal Task Force I am sending you two documents, in two separate emails. The first email is a summary of the stipulation. The second email will contain the stipulation. The Stipulation has been signed off on by both the Agency for Health Care Administration and the Department of Revenue. We anticipate the potential for typographical and editorial necessary tweaks, but otherwise it is in a final form. Please provide me with your questions over the weekend or as you need to ask. My cell phone is 850-294-9295. Leave me a message if I am unable to answer. I will call you back. Thank you for your continued efforts, Ginger Virginia "Ginger" Delegal General Counsel Florida Association of Counties 100 S. Monroe St • Tallahassee, FL 32301 (850) 922-4300 Facebook: facebook.com/flcounties Twitter: (&,)flcounties www.fi-counties.com • All About Florida Confidentiality., This electronic communication, including any authorized attachments, contains Information from the office of the General Counsel at the Florida Association of Counties, Inc., that maybe legally privileged, confidential, and exempt from disclosure under applicable low. This communication also may include content (hot was not originally generated by this office. If you are not the Intended recipient, any use or dissemination of this communication is strictlyprohiblted. If you have received this communication in error, please notlfythe sender Immediately and delete it from oll computers on which it maybe stared. Dudek v. Alachua Stipulation Providing for Dismissal of Some Parties and Abatement of Case for Remaining Parties Contains multiple WHEREAS clauses, reciting many concessions and joint work that has been accomplished since the filing of the litigation. Among these accomplishments are the following: • A 57% decrease in the statewide backlog amounts owed • The opportunity for all counties to make a one time partial or total payment on the certified backlog amount and avoid or reduce revenue share withholding • An identification of errors in the billing system • A commitment to the creation of a joint workgroup between FAC and AHCA to continue working on problem identification and solutions • An Advance Refund Request process that allows for review and withholding from payment disputed bills until further research can be conducted • A Back End Refund Request process to dispute and resolve errors in billing • An offer to those counties challenging the backlog in a Chapter 120 proceeding, a 90 day automatic stay in the proceedings so that negotiations can be conducted, individually between the county and AHCA • Standardized and date certain review processes for bills; receipts for payments made and tracking of refund requests • The opportunity to avoid Half Cent withholding by making direct monthly payments, by check or wire transfer Additional recognitions are contained in the Stipulation. As to the active parts of the Stipulation, there are three categories of counties: settling, abating, and non-plaintiff. These categories are explained below. SETTLEMENT OPTION Paragraph (3) Dismiss with prejudice Counts I and II; dismiss without prejudice Count III. In exchange for this dismissal, the settling counties are offered a direct periodic payment plan for the backlog of the county's choosing (e.g., monthly, quarterly). This allows the settling counties to avoid revenue share withholding for the backlog altogether. The periodic direct payment plan option is available to all counties, whether challenging the backlog in a 120 proceeding or not, and whether a party to the litigation or not (para 11)) cluserslmcintyredl oppdatallocollmlcrosoJtlwindowsl temporary internet files\content.outlook\szfdosgn\stipulation summary 8 3112.docx Settling counties will have the option to enter into a payment plan (monthly, quarterly, bi-annually) for the backlog. This option allows the county to choose the revenue source from which to pay the backlog amount for that incremental time. Pre-payment, by the 5th of the month, quarter, other longer increment (para (7)) Can only miss one payment, then cannot have access to plan anymore. All future payments will be automatically deducted. from revenue sharing (para (8)) AHCA acknowledges that the settling counties do not waive any right to assert any valid affirmative defenses it would otherwise have been able to assert in an administrative proceeding under the law being challenged by this litigation. A county exercises this settlement choice by signing the Notice, found at Exhibit 6. The notice must be sent by email and US Mail by September 12, 2012. A settling county that is not able to attain the final, formal approval necessary to settle, due to the short time frame, may provide a Tentative Notice of Acceptance (Exhibit 1), signed by the Chair of the BoCC or a member of senior staff (defined term), by September 12, 2012, the same as a settling county. The formal authority must be obtained by October 12, 2012. ABATEMENT OPTION Paragraph (4) For those counties choosing to remain in the litigation. The litigation is being held in abeyance until December 31, 2012. Any county or party can, however, individually dismiss the complaint without prejudice at any time and either refile an action on its own behalf or not. This option is the default option. No notice is required to be provided in order to be in this category. NON-PARTY COUNTIES Have the same access to the settlement option, and the periodic direct payment plan on the backlog. A limited waiver must be provided (Exhibit 5). These counties would be foregoing the opportunity to make a circuit court challenge to HB 5301 on the basis of a violation of the Unfunded Mandates Provision of the Florida Constitution. The waiver must be emailed and postmarked by September 12, 2012. c:l asersimcintyredl appdatal iotal?microsoftl windowsitemporory intemet files content.Outlook\szfdOs$n\stlpulatlon summary 8 3112.docx IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA ALACHUA COUNTY, FLORIDA; ET AL, Plaintiffs, VS. ELIZABETH DUDEK, in her official capacity as SECRETARY of the STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; and LISA VICKERS, in her official capacity as EXECUTIVE DIRECTOR of the STATE OF FLORIDA, DEPARTMENT OF REVENUE, Defendants. Case No.i 2012-CA-1328 STIPULATION PROVIDING FOR DISMISSAL OF SOME PARTIES AND ABATEMENT OF CASE FOR REMAINING PARTIES This Stipulation Providing for Dismissal of some Parties and Abatement of Case for Remaining Parties is entered into between Plaintiffs ALACHUA COUNTY, FLORIDA; BAY COUNTY, FLORIDA; BREVARD COUNTY, FLORIDA; BRADFORD COUNTY, FLORIDA, BROWARD COUNTY, FLORIDA; CHARLOTTE COUNTY, FLORIDA; CITRUS COUNTY, FLORIDA; CLAY COUNTY, FLORIDA; COLLIER COUNTY, FLORIDA; DESOTO COUNTY, FLORIDA; DIXIE COUNTY, FLORIDA; DUVAL COUNTY, FLORIDA; ESCAMBIA COUNTY, FLORIDA; FLAGLER COUNTY, FLORIDA; FRANKLIN COUNTY, FLORIDA; GADSDEN COUNTY, FLORIDA; GILCHRIST COUNTY, FLORIDA; GULF COUNTY, FLORIDA; HAMILTON COUNTY, FLORIDA; HARDEE COUNTY, FLORIDA, HENDRY COUNTY, FLORIDA; HERNANDO COUNTY, FLORIDA; HIGHLANDS COUNTY, FLORIDA; Page 1 of 15 HILLSBOROUGH COUNTY, FLORIDA; INDIAN RIVER COUNTY, FLORIDA; LAFAYETTE COUNTY, FLORIDA; LAKE COUNTY, FLORIDA, LEE COUNTY, FLORIDA; LEON COUNTY, FLORIDA; LEVY COUNTY, FLORIDA; LIBERTY COUNTY, FLORIDA; MADISON COUNTY, FLORIDA; MANATEE COUNTY, FLORIDA; MARION COUNTY, FLORIDA MARTIN COUNTY, FLORIDA; MIAMI-DADE COUNTY, FLORIDA; MONROE COUNTY, FLORIDA; NASSAU COUNTY, FLORIDA; OKALOOSA COUNTY, FLORIDA; OKEECHOBEE COUNTY, FLORIDA; OSCEOLA COUNTY, FLORIDA; PASCO COUNTY,' FLORIDA; PINELLAS COUNTY, FLORIDA; POLK COUNTY, FLORIDA; PUTNAM COUNTY, FLORIDA; SANTA ROSA COUNTY, FLORIDA; SARASOTA COUNTY, FLORIDA; SEMINOLE COUNTY, FLORIDA; ST. JOHNS COUNTY, FLORIDA; ST. LUCIE COUNTY, FLORIDA; SUWANNEE COUNTY, FLORIDA; TAYLOR COUNTY, FLORIDA; VOLUSIA COUNTY, FLORIDA; WAKULLA COUNTY, FLORIDA; and WALTON COUNTY, FLORIDA; (hereafter the "Counties") and the FLORIDA ASSOCIATION OF COUNTIES (hereafter the "Association") and the Defendants, ELIZABETH DUDEK in her official capacity as Secretary of the State of Florida Agency for Health Care Administration (hereafter the "Agency") and MARSHALL STRANBURG in his official capacity as Interim Executive Director (in place of former Executive Director, LISA VICKERS) of the State of Florida Department of Revenue (hereafter the "Department"), collectively Plaintiffs and Defendants are hereafter the "Parties." WHEREAS, Plaintiffs have filed a Complaint against Defendants challenging the constitutionality of certain legislation (i.e., HB 5301), which was adopted by the House and Senate in the 2012 Legislative Session and signed into law by the Governor on March 29, 2012. Page 2 of 15 HB 5301 is now known as Chapter 2012-33, Laws of Florida. Section 12 of Chapter 2012-33 amends section 409.915, Florida Statutes, which relates to county contributions to Medicaid. WHEREAS, Section 12 of Chapter 2012-33 (hereafter, "Section 12") amends section 409.915, Florida Statutes, as it previously existed to include: a. Section 12 requires the Agency to certify to each county the amount of such county's unpaid billings from November 1, 2001, through April 30, 2012 (the "Prior Unpaid Amounts"). b. Section 12 provides that Counties may challenge the Prior Unpaid Amounts in an administrative process under chapter 120, Florida Statutes. Counties that do not challenge the Prior Unpaid Amounts shall pay only 85% of that county's Prior Unpaid Amounts. Counties that prove by a. preponderance of the evidence that the Prior Unpaid Amounts were incorrect will be entitled to a credit on future payments. C. Section 12 implements a "collection enforcement mechanism" in order to require Counties to pay for the Prior Unpaid Amounts. Over a five year period beginning October, 2012, the Department will deduct from each county's monthly distribution pursuant to section 218.26, Florida Statutes (the "County Revenue Sharing Funds"), that county's portion of the Prior Unpaid Amounts as certified by the Agency. The Department must leave sufficient County Revenue Sharing Funds to service outstanding debt secured by such funds. d. Section 12 provides that, beginning May 7, 2012 and continuing on the 7th day of each month thereafter, the Agency will certify the Counties' monthly share of Medicaid reimbursement ("Future Billings") and thereafter the Department will deduct Page 3 of 15 Half Cent Sales Tax Funds from each County's distribution pursuant to section 218.61, Florida Statutes. Section 12 further provides, however, that the Department must leave sufficient Half Cent Sales Tax Funds to service outstanding debt secured by such funds. e. Section. 12: provides that Counties may contest Future Billings by requesting a refund under a process to be determined by the Agency, the Department, and FAC - which process is currently under rule development by the Agency. If the Agency determines the refund request is appropriate, the Department may refund the amount to the county from the General Revenue Fund or issue the refund in the form of a credit against the Future Billings which process is currently under development by the Agency. WHEREAS, Plaintiffs have concern with the following circumstances, provisions or practices among others: a. Section 12 requires monthly payment of prior unpaid amounts from each County's monthly distribution pursuant to § 218.26, Florida Statutes, of the Counties' revenue sharing monies rather than from a revenue source of each County's choosing. b. Section 12 requires monthly future billings to be paid from the Counties' distribution pursuant to § 218.61, Florida Statutes of the shared Half Cent Sales Tax Funds rather than from a revenue source of each County's choosing. WHEREAS, the. Complaint filed by Plaintiffs includes three (3) counts. The first and second counts assert challenges pursuant to Article VII, section 18(a) and (c), Florida Constitution, for violation of the unfunded mandate provisions. The third count asserts that Page 4 of 15 unpaid claims extending from 2001 - 2008 are time barred pursuant to §§ 95.11(3)(0 and (p) and 95,11(6), Florida Statutes (2011). WHEREAS, the Parties have worked together to identify and correct billing system errors. WHEREAS, the Counties have had unprecedented access to Agency staff for collaboration in seeking solutions. WHEREAS, the Parties, are creating a joint Work Group comprised of representatives from the Agency and the Association (on behalf of the Counties) to raise, address and solve ongoing concerns and problems, that will meet on a regularly scheduled basis. WHEREAS, to facilitate the orderly payment of these claims, the Agency has authorized the Counties to make a one time prepayment in whole or in part, to reduce or avoid the burden of revenue share withholding. WHEREAS, in order to administer these claims, the Agency has permitted counties to dispute Prior Unpaid Amounts (sometimes referred to as "Backlog" claims) based upon Agency policies in effect at the time each claim was originally disputed. WHEREAS, working in conjunction with the Counties, the Agency has created and implemented an Advanced Refund Request (ARR) process, allowing a prepayment dispute process on claims, and extending that process through April 2013. WHEREAS, working in conjunction with the Counties, the Agency has created and implemented a Back End Refund Request (BERR) process, including the allowance of filing BERRs on the denied ARRs, and thus allowing a prepayment dispute process on these claims as well, with finality and appeal rights. Page 5 of 15 WHEREAS, the Agency, working in conjunction with the Counties, has provided for direct monthly payments on prospective bills in order to allow Counties to choose to avoid revenue share withholdings. WHEREAS, the Florida Department of Children and Families ("DCF"), working in conjunction. with the Agency 'and the Counties has permitted the Counties unprecedented access to the DCF Medicaid eligible recipient address database. WHEREAS, the Agency working in conjunction with the Counties, has provided for a 60 day County review cycle, and a date certain for receipt of monthly statements on the second business day of the month, as well as a process of tracking payments, refunds, and credits on a monthly basis. WHEREAS, the Agency working in conjunction with the Counties, has created detailed time frames for responses and dispute resolution methods to avoid such backlogs from ever happening again. WHEREAS, the Agency working in conjunction with the Counties, has worked to enhance the fairness of the collection system by: 1) providing a $0 certification for the first month that HB 5301 was to be implemented, on May 7, 2012; 2) allowing for direct monthly payments on prospective bills to allow Counties to choose to avoid Half Cent Sales Tax withholding; 3) authorizing a one-time prepayment in whole or in part, by 11:59 p.m., Eastern Standard Time, on September 13, 2012 to allow Counties to choose to reduce or avoid the burden of revenue share withholding; and 4) has provided preliminary backlog statements in advance of the August 1, 2012 statutory certification date in order to facilitate the review and resolution of these disputed claims. Page 6 of 15 WHEREAS, the Counties, working in conjunction with the Agency and in order to show their willingness to pay their fair share of the State's Medicaid payment, have paid those amounts which are accurate, and due and owing during the pendency of this litigation. WHEREAS, the Agency has begun the rule making process as required by Section 12 and has been working cooperatively with the Counties and the Association in an effort to address many of the Counties' concerns regarding how the collection process will be administered in the future and how the monthly payments for prior and future billings might be made directly to the Agency from revenue sources of the county's choice rather than providing for certification and automatic deduction by the Department from county revenue sources shared with the State. WHEREAS, the Parties recognize that the Chapter 120 process has been legislatively sanctioned as the forum for disputes relating to the backlog amounts under HB 5301, and no abridgement of any rights to make such challenges is contemplated by this Stipulated Settlement and Dismissal. WHEREAS, the Parties recognize that the Department's role is primarily ministerial and the Department does not have a role in disputing Medicaid billings unless there is an issue of the protection of existing bond commitments required under HB 5301. WHEREAS, the Parties by entering into this stipulation recognize that the circumstances of the Counties on an individual basis may differ substantially; i.e., some Counties may be willing to accept the 15% discount available to Counties that do not challenge the Agency's certification, some Counties may want to bring an action under Chapter 120 challenging the prior unpaid amount that the Agency has certified including the right to assert a claim for what Page 7 of 15 the Counties perceive to be stale or time barred. Some Counties will be willing to dismiss their claims and some, though not prepared to dismiss their claims at this time are willing to agree to an abatement to facilitate further resolution of this matter, for an undefined period, but no later than December 31, 2012. NOW THEREFORE, in consideration of the mutual promises set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The above recitals are true and correct and by this reference are incorporated herein. 2. Those Counties and Association under this stipulation may choose between one of the two options (i.e., a SETTLEMENT OPTION or an ABATEMENT OPTION) set forth in paragraphs 3 and 4 below. 3. The SETTLEMENT OPTION is for Counties (or the Association) that intend to withdraw from this litigation. This includes both Counties that do not intend to challenge the Prior Unpaid Amounts and Counties that do intend to challenge the Prior Unpaid Amounts under Chapter 120 Florida Statutes. As to these Counties the Complaint will be deemed to be dismissed with prejudice as to Counts I and II and without prejudice as to Count Ill. As to these Counties, the Agency, as provided in paragraph 7 below, will accept periodic direct payment of such County's Prior Unpaid Amount. The Agency acknowledges that a county which enters into this Agreement does not thereby waive the right to assert any valid affirmative defense it would otherwise have been able to assert in an administrative proceeding pursuant to Section 409.915(7)(a), Florida Statutes. Counties choosing the SETTLEMENT Page 8 of 15 OPTION must provide notification of this choice to the Agency by sending a scanned copy of a signed and verified stipulation form (the "Stipulation Form") attached hereto as Exhibit 6 by email and U.S. Mail to the Agency's General Counsel (with a copy to the Association) which is emailed and post marked no later than September 12, 2012. An initial list of those Counties (or Association) choosing the SETTLEMENT OPTION is set forth in Exhibit 2. 4. The ABATEMENT OPTION is for Counties (or the Association) that intend to remain in this litigation. These Counties (including the Association) together with the Agency and the Department agree that this litigation will be held in abeyance by mutual agreement to facilitate further resolution of this matter for an undefined period but no later than December 31, 2012. This abatement is to the litigation only, and all provisions and deadlines of HB 5301 continue to take effect as set forth therein. The Parties acknowledge that the abatement applies only to the litigation and does not abate or otherwise affect the requirements imposed on the Parties by statute. Provided that nothing in this Stipulation shall prevent an abating county from individually dismissing the Complaint without prejudice and re-filing an action on its own behalf. An initial list of those parties choosing the ABATEMENT OPTION is set forth in Exhibit 3. 5. The Agency further agrees that any County (whether agreeing to settle or not) filing a Chapter 120 challenge of the Prior Unpaid Amount will be offered the opportunity to abate those proceedings to facilitate further resolution of the matter for a period not less than 90 days, which period may be extended upon the mutual agreement of the parties to such proceeding. Page 9 of 15 6. The Parties agree that Exhibits 2 and 3 of the Stipulation can be amended by the Association to add to Exhibit 2 the names of additional Counties choosing to settle and delete from Exhibit 3 the names of those Counties choosing to settle by filing such information in an addendum no later than September 16, 2012 at 5:00 p.m. (Eastern/Standard Time). 7. The Parties recognize that section 409.915(8), Florida Statutes, as amended by Section 12, provides for the payment of each county's Prior Unpaid Amount by the automatic deduction by the Department (over, a sixty (60) month, or longer, time period) of each County's revenue sharing distribution. The Parties further recognize that the calculation and amount of each County's monthly deduction can be obtained from the Agency. As an accommodation to those Counties choosing THE SETTLEMENT OPTION that would like to avoid the automatic deduction of their revenue sharing distribution and that would like to make payments from a revenue source of their choosing, the Agency and Department agree that such Counties shall make periodic advance payments (in monthly, quarterly or greater increments or to be specified at the time the county enters into a payment plan with the Agency) to the Agency on or before October 5th by 11:59 p.m., (Eastern/Standard Time) and on or before the fifth day of each month thereafter by 11:59 p.m. (Eastern/Standard Time) from a revenue source of the County's choosing (unless an advance payment has already been submitted for that month). Once the Agency enters into a payment plan with a county, the Agency shall notify the Department of the details of the payment plan. If the incremental payment is not received by 11:59 p.m. of the date payment is required, the Agency shall notify the Department and the Department shall deduct that month's payment from that County's revenue sharing distribution. As set forth in paragraph 8 below, it is further agreed that a county's ability to continue to make the advance Page 10 of 15 payments provided in this paragraph shall be lost if the county fails to make a timely advance payment to the agency. 8. The Parties agree that if a County's incremental payment is not timely received by the Agency pursuant to paragraph 7, supra, that such County shall be in material and irreparable breach of this Agreement. As a consequence of that breach the Agency shall, within two (2) business days, amend its prior certification to the Department pursuant to section 409.915 (7), Florida Statutes, to include all amounts remaining unpaid by that County at the time of the breach. The Department shall act upon the Agency's amended certification in accordance with section 409.915 (8), Florida Statutes, by thereafter reducing the breaching County's distributions pursuant to that subsection, prospectively, from the time of the Agency's amended certification. The Counties hereby waive their right to administratively challenge the Agency's determination as to whether a payment has been timely received pursuant to this paragraph and paragraph 7, supra. 9. The Agency agrees to include the provisions of Composite Exhibit 4 in its proposed rules and further to move forward and work with the Counties and the Association in good faith with the proposed rules that are presently being considered for adoption. The Parties acknowledge that the Agency's draft rule attached hereto as Composite Exhibit 4 is presently in the administrative rulemaking process pursuant to Section 120.54, Florida Statutes, and that the draft rule will not become final until that process, including any administrative challenges that may be brought under Chapter 120, Florida Statutes, is successfully completed. The Parties agree that, should the rule or any other aspect of this settlement be successfully Page 11 of 15 challenged under Chapter 120, Florida Statutes, and be ruled invalid, it shall not constitute a breach by the Agency of this agreement or of any order entered that adopts this agreement. 10. The Parties agree that if any provision of this agreement is ruled by a judicial or administrative tribunal to be illegal, unenforceable, or void, then the Parties shall be relieved of their respective obligations arising under such provision, and the validity of the remainder of the agreement shall not be affected. 11. The Parties agree that in the interest of fairness the SETTLEMENT OPTION set forth in paragraph 3 above shall also be available to Counties that have not joined as Plaintiffs in this action, (the "Non-Plaintiff Counties") where any such County provides to the Agency by email and U.S. Mail to the Agency's General Counsel (with a copy to the Association), which is emailed and postmarked no later than September 12, 2012, a notice and waiver of such Counties' ability to pursue an action in Circuit Court challenging HB 5301 on the basis of an alleged violation of the unfunded mandate provisions of Art. VII, Sec. 18, Florida Constitution in substantially the form of the notice and waiver attached hereto as Exhibit 5. The Association shall provide a copy by email of this Stipulation to the County Attorney of all Non-Plaintiff Counties. 12. The Agency is willing to accept a tentative notice of acceptance of the settlement option (the "Tentative Notice of Acceptance") from those counties (both Plaintiff Counties and Non-Plaintiff Counties) that have not had an opportunity to make a formal determination of which option to accept. The Tentative Notice of Acceptance must be provided by the Chairman of the Board of County Commissioners or a member of such County's Senior Staff. The Tentative Notice of Acceptance must be accompanied by evidence that the Board of County Page 12 of 15 Commissioners will be formally considering the County's options no later than October 12, 2012, at 11:59 p.m. (Eastern/Standard Time) and shall be substantially the form attached hereto as Exhibit 1. Notice of the subsequent formal action of the Board of County Commissioners approving the settlement option. ("Notice of Approval") must be provided by sending at scanned copy of a signed and verified Stipulation as provided in Exhibit 6 by email and U.S. Mail to the Agency's General Counsel (with a copy to the Association) and to the Department's Office of General Counsel no later than October 13, 2012 at 5:00 p.m. (Eastern/Standard Time). If a properly executed Notice of Approval which evidences that County's formal approval of the settlement option is not timely received by the Agency pursuant to this paragraph, that event shall constitute a material and irreparable breach of this Agreement. As a consequence of that breach the Agency shall, within two (2) business days, amend its prior certification to the Department pursuant to section 409.915 (7), Florida Statutes, to include all amounts remaining unpaid by that County at the time of the breach. The Department shall act upon the Agenc}/s amended certification in accordance with section 409.915 (8), Florida Statutes, by thereafter reducing the breaching County's distributions pursuant to that subsection, prospectively, from the time of the Agency's amended certification. The Counties hereby waive their right to administratively challenge the Agency's determination as to whether a payment has been timely received pursuant to this paragraph 13. The Parties hereby agree that the signing of this Stipulation by any of them does not constitute an admission of any liability or wrongdoing whatsoever. Rather, the Parties have entered into this Stipulation in a desire to amicably compromise their differences and avoid protracted litigation, by dismissal and abatement. Page 13 of 15 14. This Stipulation shall not be construed against any one party, but shall be construed as if it were prepared jointly by all of them, and any uncertainty or ambiguity, or both, shall not be interpreted against any party. 15. The Parties agree that each shall pay their own attorney's fees and costs incurred in connection with this litigation. DATED this _ day of September, 2012. /s/ 'Susan H. Churuti Fla. Bar No. 284076 Thomas B. Drage, Jr. Fla. Bar No. 173070 Bryant Miller Olive, P.A. One Tampa City Center, Suite 2700 Tampa, FL 33602 (813) 273-6677 (813) 223-2705 (fax) schuruti@bmolaw.com /s/ Joseph C. Mellichamp, III Timothy E. Dennis Assistant Attorney General Office of the Attorney General Revenue Litigation Bureau PL-01, The Capitol Tallahassee, Florida 32399-1050 Facsimile: 850-488-5865 and Virginia Saunders Delegal Fla. Bar No. 989932 General Counsel Florida Association of Counties 100 S. Monroe Street Tallahassee, FL 32301 (850) 922-4300 (850) 488-7192 (fax) gdelegal@fl-Counties.com /s/ Stuart Williams, General Counsel Bill Roberts, Deputy General Counsel Page 14 of 15 State of Florida, Agency for Healthcare Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Facsimile: 850-921-0158 Page 15 of 15 EXHIBIT 1 2012 Stuart Williams, Esquire General Counsel State of Florida Agency for Healthcare Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Email: stuart.williams@ahca.myflorida.com Re: Tentative Notice of Acceptance Dear Mr. Williams & Mr. Mellichamp: Joseph C. Mellichamp, III, Esquire Chief Assistant Attorney General Florida Office of the Attorney General Revenue Litigation Bureau 400 S. Monroe Street, # PL-01 Tallahassee, Florida 32399 Email: joe.mellichamp@myfloridalegal.com The purpose of this letter is to advise the Agency for Healthcare Administration (the "Agency") and the Florida Department of Revenue (the "Department") that [ ] County (the "County") intends to provide Tentative Notice of Acceptance that the County has elected to accept the Settlement Option as provided in paragraph 3 of Stipulation Providing for Dismissal of Some Parties and Abatement of Case for Remaining Parties (the "Stipulation") entered into in the case of Alachua County, et al. vs. Elizabeth Dudek, et al., Case No. 2012-CA-1328 in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida (the "Lawsuit"). Although, the County intends to settle the Lawsuit, the Board of County Commissioners has not had the opportunity to formally consider the matter. Please accept this as the County's Tentative Notice of Acceptance of the Settlement Option. Attached I have provided evidence indicating that the County will formally consider the Settlement Option no latter than October 12, 2012 at 11:59 p.m. (Eastern/Standard Time). [Senior Staff/County Administrator/ Manager/Deputy County Administrator/ County Attorney] cc: Ginger DeIegal, General Counsel Florida Association of Counties EXHIBIT 1 EXHIBIT 2 List of Counties Choosing the Settlement Option: EXHIBIT 2 COMPOSITE EXHIBIT 4 Notice of Change/Withdrawal AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid RULE NO.: RULE TITLE: 59G-1.025: Medicaid County Billing NOTICE OF CHANGE Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 26, June 29, 2012 issue of the Florida Administrative Weekly. The following changes have been made to the proposed rule. THE FULL TEXT OF THE PROPOSED RULE IS: 59G-1.025 Medicaid County Billing. (1) Retrospective Bills. This paragraph applies to the certification of county billings from November 1, 2001, through April 30, 2012, that remain unpaid, as provided in section 409.915(7), F.S. (a) By August 1, 2012, the Agency will certify to each county the amount that is unpaid for retrospective bills. (b) By September 1, 2012, a county may contest the amount certified by filing a petition under the applicable provisions of chapter 120 This procedure is the exclusive method to challenge the amount certified. (c) September 13,2012,5:00 p.m. Eastern Standard Time, each county may make total or partial payment in the form of a check or wire transfer to the Agency of the amount certified by the Agency pursuant to subsection (1)(a). (d) By September 15, 2012, the Agency will certify to the Department of Revenue: COMPOSITE EXHIBIT 4 Page 1 of 7 1. 100 percent of the amount provided in subsection (1)(a) minus amounts credited to the counties and/or amounts paid and received by the Agency pursuant to subsection (1)(c) for each county that challenges the certified amount by filing a petition pursuant to subsection (1)(b) by Sep::.imcxrc «1.....9 OMO '::t., oaz. 2.85 percent of the amount provided in subsection (1)(a) minus amounts credited to the counties and/or paid and received by the Agency pursuant to section (1)(c) for each county that does not challenge the certified amount by filing a petition pursuant to subsection (1)(b) by Septe '. Wiz. (2) Prospective Bills. This paragraph applies to the monthly amount of each countys contribution to Medicaid as required in section 409.915, F.S. The monthly bills will be rendered to the counties no later than the second business day of the month (a) Certification 1. For all certifications prior to June 1, 2013, the Agency will certify to the Department of Revenue by the 70, day of each month the amount of the monthly bill rendered one month prior less any amounts as provided in subsections (2)(b) and (2)(c). 2. For the June, 2013 certification, the Agency will certify to the Department of Revenue the amount of the monthly bills rendered in May, 2013 and June, 2013 less any amounts credited to a county pursuant to subsection (2)(b). 3. Beginning July 1, 2013, the Agency will certify to the Department of Revenue by the 7m day of each month the amount of the monthly bill rendered that month less any amounts as provided in subsection (2)(b). COMPOSITE EXHIBIT 4 Page 2 of 7 4. If the 711, day of the month falls on a weekend or holiday, certification will be completed on the first business day following the 7m day of the month. 5. If, the Department of Revenue determines there are insufficient funds to pay a county's .monthly certified amount, the Department will notify the Agency of the amount still owed, and the Agency will send an invoice to the affected county within two months of receiving the Department's notice. The county shall pay the invoice within 60 days of receipt. The balance on any invoice that remains unpaid after 60 days will be re-certified to the Department of Revenue in subsequent months until paid in full. (b) Payments Each county may choose to submit payment in the form of a check or wire transfer to the Agency. Such payment must be received by 5:00 p.m. Eastern Std Time two business days prior to the date of certification. (c) Refund Requests 1. Advanced-Refund Request a. No later than the last business day of each billing month, each county may request an advanced refund request through the county billing portal for those claims on the same monthly billing that the county disputes. If the request is less than or equal to the amount of the county's highest monthly dispute rate r-easenable, the Agency will stay certification of the amount requested in the for the advanced refund request. b. Refund requests resulting in certification amounts stayed will be researched within 60 days by the Agency. COMPOSITE EXHIBIT 4 Page 3 of 7 I. Denied refund requests will be certified to the county on a subsequent bill no later than 45 days from the completion of Agency research. II. Bills for which a refund request is granted on the basis that the bill should have been , submitted to a different county will be transferred and certified to the appropriate county on a subsequent bill no later than 45 days from the completion of Agency research. c. A county does not waive any right to paragraph (c)2., Back End Refund Request, by making an advanced refund request. d. Except for sub-paragraph Lb,, subsection paragraph 1. sBhall expire on April 30, 2013. 2. Back End Refund Request a. Each county may request a back end refund request noNe later than 60 days from the date of certification of the monthly bill for which the back end refund request is being requested the the bill issuance, eaeh cetti* may reEfaest a back end refund?equest. b. Back end refund requests must be in writing and must include the reason and documentation for the request, z:.-crcacu. c. Within 960 days e€reeeigt of the certification fegaest, the Agency will notify the county whether the request is granted, either in part or in whole. If any portion of the request is denied, the agency will provide information as to the reasons for the denial. If any portion of the refund request is granted, the refund will be in the form of a credit notification to the Department of Revenue, or a credit applied to a subsequent bill, within 60 days of the Agency's decision. Approved refunds that should have been billed to a different county, will be COMPOSITE EXHIBIT 4 Page 4 of 7 transferred to the appropriate county on a subsequent bill, within 60 days of the Agency decision. (d) Receipts 1. The Agency will provide each county a monthly receipt of amounts billed, amounts paid and amounts certified to the Department of Revenue. 2. The Agency will provide each county a monthly receipt of action taken on Advance Refund Requests. Actions taken include: a. ARR Denied - Advance Refund Request Denied and the claim will appear on a subsequent bill with a status of ARR Denied; b. ARR Transferred Out - Advance Refund Request Transferred Out and the claim will be transferred to a different county than the county requesting Advanced Refund; Rulemaking Authority 409.919 FS. Law Implemented 409.915 FS. History-New COMPOSITE EXHIBIT 4 Page 5 of 7 Notice of Change/Withdrawal AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid RULE NO.: RULE TITLE: 59G-1.020: Definition of County of Residence NOTICE OF CHANGE Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 26, June 29, 2012 issue of the Florida Administrative Weekly. The following changes have been made to the proposed rule. THE FULL TEXT OF THE PROPOSED RULE IS: 59G-1.020 Definition of County of Residence. For the purpose of county financial participation in the Medicaid Program, the county of residence for inpatient hospital care and nursing home care is determined by the recipient's address information contained in the federally approved Medicaid eligibility system. (1) For hospital claims, whether through fee-for-service or managed care, the address is based on the current living or residential address, with the exception of when the resident lives in a nursing home. When an recipient individual lives in a nursing home, the address is based on the prior address. (2) For nursing home claims, whether through fee-for-service or managed care, the address is based on the prior address, except when an-recipient individual is admitted to a nursing home directly from a place of residence outside of the State of Florida. If the recipient indiiidugl is admitted to a nursing home from another state, the nursing home address will be used for county billing purposes. COMPOSITE EXHIBIT 4 Page 6 of 7 (3) Since address information for children in custody of the Department of Children and Families is unavailable, counties are not responsible for these payments. Physical - h i h th ibl 5 w e ey or- saffieene respons e ide- t fer them n th t o t, hame d k c id , y e in eer . not res ent that eaunty- nor- doe s a lanned livi a a• 1 p ng be Y J another eeunty?, and intend to retam to that eauRty. in all instanees the persm's intent to res in a J is the b Meter-, (3) In situations that are not elear eak or- othenvise unusually Eampheated, the Rulemaking Authority 409.919 FS. Law Implemented 409.915 FS. History-New 1-1-77, Formerly 1OC-7.31,1OC-7.031, Amended COMPOSITE EXHIBIT 4 Page 7 of 7 EXHIBIT 5 .2012 Stuart Williams, Esquire Joseph C. Mellichamp, III, Esquire General Counsel Chief Assistant Attorney General State of Florida Agency for Florida Office of the Attorney General Healthcare Administration Revenue Litigation Bureau 2727 Mahan Drive, Mail Stop 113 400 S. Monroe Street, # PL-01 Tallahassee, Florida 32308 Tallahassee, Florida 32399 Email: stuart.williams@ahca.myflorida.com , Email: joe.mellichamp@myfloridalegal.com Re: Notification and Waiver by Non-Plaintiff County Dear Mr. Williams & Mr. Mellichamp: The purpose of this letter is to provide notification to the Agency for Healthcare Administration (the "Agency") and the Florida Department of Revenue (the "Department") that [ ] County (the "County") intends to take advantage of those provisions available to a "non-plaintiff county" as set forth in paragraphs 3, 7 and 10 of that Stipulation Providing for Dismissal of Some Parties and Abatement of Case for Remaining Parties (the "Stipulation") entered into in the case of Alachua County; et al. vs. Elizabeth Dudek, et al., Case No. 2012-CA-1328 in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida (the "Lawsuit'). As you may know the County did not join in the Lawsuit and has not otherwise filed a challenge to that certain legislation (i.e., HB 5301) which was passed in the 2012 Legislative Session and signed into law by the Governor on March 29, 2012. The County's Board of County Commissioners has authorized me [as Chairman of the Board of County Commissioners or County Administrator/Manager or County Attorney) to provide this notification and to provide a limited waiver of the right of the County individually or in concert with others to make a Circuit Court challenge of FIB 5301 on the basis of an alleged violation of the Unfunded Mandate Provision of Art. VII, Sec. 18, Florida Constitution. This notification and waiver is not in any way deemed to affect the ability of the County to challenge the amount of prior unpaid Medicaid billings in a Chapter 120 proceeding (as provided by existing law). Further, the County is not waiving the ability to assert in such 120 challenge or a subsequent Circuit Court Challenge any defenses which it might have, including defenses related to the statute of limitations, laches and equitable estoppel. cc: Ginger Delegal, General Counsel Florida Association of Counties EXHIBIT 5 EXHIBIT 6 .2012 Stuart Williams, Esquire General Counsel State of Florida Agency for Healthcare'Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Email: Stuart.wilIiams@ahca.myflorida.com Joseph C. Mellichamp, III, Esquire Chief Assistant Attorney General Florida Office of the Attorney General Revenue Litigation Bureau 400 S. Monroe Street, # PL-01 Tallahassee, Florida 32399 . . Email: joe.mellichamp@myfloridalegal.com Re: Verified Stipulation Dear Mr. Williams & Mr. Mellichamp: The purpose of this letter is to verify that [] County (the "County") has elected to take the Settlement Option provided in paragraph 3 of the Stipulation Providing for Dismissal of Same Parties and Abatement of Case for Remaining Parties filed in Alachua County, Florida et al v. Elizabeth Dudek et al; Case No.: 2012-CA-1328 in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida: The County's election to take this option was made by [Resolution, Motion or Delegation to the County Attorney]. [If by Resolution or Motion, attach verified copies to letter, if possible.] [If by Delegation to County Attorney, indicate that the Board of County Commissioners has provided parameters for settlement of this case and has authorized the undersigned to sett le on behalf of the County.] cc: Ginger Delegal, General Counsel Florida Association of Counties EXHIBIT 6 FAQ' Medicaid Litigation Update Call FLORIDA County Administrators and County Attorneys ' COUNTIES "jTIES Wednesday, August 29, 2012 - 2 pm ET -- -- Call in: 1-888-670-352,5 AHAbm tnar{da Participant code: 3070104494 Roll Call by County Ginger DelegaI FAC General Counsel Welcome Chris Holley FAC Executive Director Background and Update on Litigation Ginger DelegaI Proposed Settlement Option • Outline of details • Key dates Ginger Delegal Questions August 17, 2012 Medicaid: HB 5301 Guiding Principles for a Negotiated Outcome Result: The counties and AHCA are operating in a mutually created environment that is not dissimilar to that before HB 5301. Prospectively, ability to avoid revenue share withholding, ability to reject initial. claims, ability to request refunds on those and other claims (on the back end), collaboration between AHCA and the counties, framework of a course of dealing that should prevent this (pile up of backlog) from happening again. Retroactively, possible ability to avoid revenue share withholding altogether and the ability to make a one-time direct payment to fully eliminate the revenue share withholding or to reduce it. Create an interim process for billing and collection until after the 2013 legislative session, on primarily the backlog but including the prospective payments ? 67 county visits ' • Offering (in exchange for dismissal of ? Governors involvement and written lawsuit) the ability to have a periodic, commitment to accuracy direct payment plan on the backlog ? Unprecedented access to Agency staff for collaboration and solutions ? Re-examination of the backlog claims ? Reduced the amount of the backlog claimed to he owed by the counties from $373 million to $162 million, a reduction of $211 million or 57% ' Authorized a one time prepayment in whole or in part, to reduce or avoid burden on revenue share withholding ? Identification of billing system errors ? Ability to dispute claims based on Agency policies in effect at the time the claim was originally disputed August 17, 2012 Create a framework to find and implement sustainable solutions to the billing and collection system codified in HB 5301, for the prospective payments ?Created and implemented the Advanced • Creation of an agency/county task force to Refund Request process, allowing a pre- raise, address and solve ongoing concerns payment dis ute process on claims and problems ?Created the Back End Refund Request a Extend sunset of the ARR process to after process, including the allowance of filing 2013 legislative session BERRs on the denied ARRs -/Allow for direct monthly payments on prospective bills to avoid revenue share withholding -/Achieved access by counties to the Department of Children and Families Medicaid eligible recipient address database -/Actively seek and pursue 2013 legislative cures to the billing and collection system for funding the counties' share of the states Medicaid payment ?60 day county review cycle ? Process for tracking payments, refunds, and credits on a monthly basis -/Process for ongoing back end refund requests, with finality and appeal rights -/Time frame for responses and dispute resolution methods help to prevent the backlog from ever happening again ? Date certain for receipt of monthly statements -/Clarification of children under 7, in custody, as not a county obligation August 17, 2012 Suspend the automatic and punitive collection mechanism in HB 5301 prospective bills to withholding revenue share ?Suspend the automatic and punitive collection mechanism in HB 5301 ? Authorized a one time prepayment in whole or in part, to reduce or avoid burden on revenue share withholding ?$0 certification for the first month that HB 5301 was to be implemented Offered (in exchange for dismissal of the lawsuit) the ability to have a periodic, direct payment plan on the backlog Create relief from dates in HB 5301 that serve only to perpetuate the punitive nature of HB 5301 One month delay in certification and withholding process ($0 certification for May 2012) ? Receipt of preliminary backlog statements before 8/1 statutory certification date ? Further downward adjustment of 8/1 certification amount on 8/13 ($5.7 million) • Offering a softening of the September 1 filing date with DOAH for those counties challenging the backlog August 17, 2012 Preserve the integrity of counties' legal and equitable arguments, to the greatest extent possible commitment by Agency to not require a waiver of any time barred claims arguments in the event of dismissal • Seeking a stay on behalf of FAC and those counties which choose to stay in the litigation; PAC will be the last (or close thereto) entity to dismiss suit • OR, obtain flexibility on the settlement date of 9/15 - potential up to 10/15 Guarantee counties will meet payment obligations during interim period Achieved by commitment of counties and realized by their actions to pay during pendency of litigation Recognition that HB 5301 codified a flawed billing mechanism and that cooperative solutions to state/county shared responsibilities must be sought ? Governor's commitment to • Language to be drafted accuracy as part of an dismissal Create a billing and collection system under which the counties are not required to pay a bill without the opportunity to review and dispute. ? Temporarily achieved through ARR • Seek extension of ARRs past 2013 until 4/13 legislative session Medicaid Litigation Update County Administrators County Attorneys 8/29/12 1 The Lawsuit At the end of session, created a Medicaid Legal Tas Force -county attorneys from small, medium and I - three purposes • Began to analyze HB 5301 • Various constitutional arguments Culled out the three best: two based on unfunded mandates provision of the Florida Constitution; one based on statute of limitations on backlog claims • Gauged interest in statewide litigation • Focus: on constitutional, wholesale infirmities in 5301- not individual county disputes on claims 0. The Lawsuit • Medicaid Legal Task Force: double digit nu conference calls/meetings • Sought direction from FAC Board of Directc suit, hire special counsel, arrange for indivi counties to join suit Filed the original complaint in circuit court, declaratory and injunctive relief on April 26, individual counties and FAC named on the c Raised three arguments, and asked court to 5301 as unconstitutional a The lawsuit r° • Suit filed on three counts: - Statute of limitations (nothing passed existing law 2008) r -- Two violations of Article VII of Fla Constitution: ` • Without a 2/3 vote (which neither chamber had) the state isI_ cannot withhold shared revenues • Without a 2/3 vote (which neither chamber had) the state cannot require a county to expend funds • On May 11, we filed an Amended Complaint, adding R eight more counties • As of today, have 57 counties that have officially to participate. One county not participating in SL adopted a BoCC resolution fully supporting the iitigation A y klY The Lawsuit: Procedural Posture V y l 1 ?}F 9M 2{ Motion to dismiss filed by AHCA {k?.' lok • Department of Revenue responsive plead irr due September 17, 2012x: 5';.i.! 5 ?? 4Y +7 rF`?u. Rulemaking multiple county involvement Rule. Development Workshop held June 1. Rule Making Hearing held July 26 Redraft of Proposed Rules to be advertised. Florida Administrative Weekly next Friday Discussions held throughout under the umb of "settlement discussions" Most recent discussion: AHCA directly aski dismissal of the circuit court proceeding, in exchange for option of direct, periodic paym on backlog amount (county-by-county deci i 6 Guiding Principles During Discussions • Create an interim process for billing and collection after the 2013 legislative session, on primarily the backlog but including the prospective payments • Create a framework to find and implement sustain solutions to billing and collection system codified i 5301, for the prospective payment • Suspend the automatic and punitive .collection mechanism in HB 5301 • Create relief from dates in HB 5301 that perpetu punitive nature of HB 5301 8/29/2012 7 F R '`" Guiding Principles • Preserve the integrity of counties' legal and equi arguments, to the greatest extent possible Guarantee counties will meet payment obligations. during interim period Recognition that HB 5301 codified a flawed billing " % mechanism and that cooperative solutions to state/county shared responsibilities must be sought. Create a billing and collection system under which the. counties are not required to pay a bill without the opportunity to review and dispute lV: 8/29/2012 8 DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 I?lfiltiili0iilitftf?i?li??Ilii711iilllllii'ill?liriiilllii(IIi??ffhlhihi?llli?ilfll?iftinllilfillfllli??I?I111Ii?iiiilliiil(i??hjilif(iiti1111i1?II11i?Y111110ii1?iI111I?11111titllli??Iihfflllhfii?fl?lil?filli GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Florida Beach Erosion Control Program FY-2013114 Funding Request Consider staff recommendation to approve to submit the Florida Beach Erosion Control Program FY-2013114 funding application request along with supporting Resolution No. 12-007. PUBLIC HEARINGS III. PUBLIC HEARING A. PUBLIC WORKS Engineering Division: South Hutchinson Island Beach and Dune Restoration - Special Assessment District (SAD) Consider staff recommendation to approve Resolution No. 12-008, as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically 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 record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, ITEM NO. II-A DATE: 09/04112 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: EROSION DISTRICT BOARD PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Mosquito Control & Coastal Management Coastal Engineer Services SUBJECT: Florida Beach Erosion Control Program FY-2013/14 Funding Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: The Erosion District budget will make available the required local (25%-57%) match. When the plan is approved by FDEP, specific projects will be brought to the Board for approval. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit the Florida Beach Erosion Control Program FY-2013/14 funding application request along with supporting Resolution No. 12-007. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coord i nation/Signatu res County Attorney ( x ) 3? Daniel S. McIntyre Originating Dept. ( x ) :i Je es R. David CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Director Budget Analyst Erosion District ??v.. (x) Marie Gouin Patty Marston (x) 9 Richarc A. Bouchard AGEND377.DEP2013 TO: Erosion District Board THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Coastal Engineer DATE: September 4, 2012 SUBJECT: Florida Beach Erosion Control Program FY-2013/14 Funding Request ITEM NO. II-A Background The Florida Beach Erosion Control Program (FBECP) is a Long-Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. Each application request must include a detailed project description, cost estimate, and supporting resolution from the governing body. Individual projects then receive a priority ranking based upon several criteria. The submittal deadline for consideration of FY-2013/14 State funds is September 18, 2012. More detailed information will accompany the actual funding application to FDEP. The following list is a summary of the proposed beach erosion control funding request: a. beach & inlet monitoring (State: $150,000, County: $150,000); general re-evaluation report coordination (State: $50,000, County: $50,000); 2013/2014 construction (State: $675,000, County: $675,000); construction & permitting assistance (State: $25,000, County: $25,000); and borrow area investigation & permitting (State: $135,000, County: $135,000). b. reimbursement for 2011 beach fill project (State: $674,173, County: $674,173), and 2) Inlet Sand Bypassing: final plans & specs (State: $75,000, County: $25,000), and 3) Southern St. Lucie County Beach Restoration: physical & biological monitoring (State: $250,067, County: $324,933). Compilations of these funding estimates utilize the best available information and are subject to revision due to many influencing factors. For example, there is always a possibility that matching State funds presently under contract for a specific project could be reverted or reallocated to another State project. Should existing funding for a project get eliminated, new funding requests can be used to re-establish State funding for the next year. Recommendation: Board approval to submit the Florida Beach Erosion Control Program FY-2013/14 funding application request along with supporting Resolution No. 12-007. Attachment: Resolution (1 page) RESOLUTION NO. 12-007 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2013114 FUNDS UNDER THE FLORIDA BEACH EROSION CONTROL PROGRAM; SETTING FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Erosion District Board of St. Lucie County, Florida ("District") and the Florida Department of Environmental Protection ("DEP") have adopted the Fort Pierce Inlet Management Plan and desires to implement the recommendations contained therein; and, WHEREAS, the District has established a Long-Range Budget Plan for the Florida Beach Erosion Control Program and desires to implement specific projects contained therein; and, WHEREAS, under the provisions of Section 161.101, Florida Statutes, DEP accepts and processes applications for the Florida Beach Erosion Control Program; and, WHEREAS, under the Program guidelines of the Florida Beach Erosion Control Program, the District is required to submit a supporting resolution with their application request. NOW, THEREFORE, BE IT RESOLVED by the Erosion District Board of St. Lucie County, Florida, as follows: 1. DEP is requested to approve and support the maximum State funding allowed for this application request for Fiscal Year 2013114 and the District will provide the local share in accordance with the State Legislature's appropriation. 2. This Resolution shall take effect immediately upon its adoption. AFTER MOTION AND SECONDED, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Tod Mowery Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this 4th day of September 2012. ATTEST: EROSION DISTRICT BOARD ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY ITEM NO. III -A DATE: 9/4/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY::Y Barbara Guettler 11 SUBMITTED BY: Public Works- Engineering MSBU Project Manager SUBJECT: South Hutchinson Island Beach and Dune Restoration Special Assessment District (SAD) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution No. 12-008, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator County Attorney ( X) Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. ( X ) Iv) , Do Id West Erosion District ( X ) 39m V06 Richard Bouchard (X) Marie Gouin County Engineer ( X) myp Michael Powley Mosquito Control ( X) 7 Director ,, V ?'( ,:James David Public Works - Engineering MEMORANDUM TO: St. Lucie County Erosion District Board THROUGH: Donald B. West, Public Works Director FROM: Barbara Guettler, MSBU Project Manager`o Engineering ????//// DATE: September 4, 2012 SUBJECT: South Hutchinson Island Beach and Dune Restoration SAD ITEM NO. III-A Background: Over the past several years the Presidents' Council of South Hutchinson Island (the Presidents' Council) has been working closely with St. Lucie County (the County) in an effort to initiate a one-time restoration project (the Project) to address the deteriorating shoreline that threatens upland structures, property, and habitat from Normandy Beach south to the Martin County line. Based on historical sand loss rates, this project will have a ten-year life expectancy and will run parallel with the development of a federal project to provide for future beach restoration projects. The costs to develop the Project to-date are $3,940,000. Of that amount, 83% has been paid from grants awarded to the County by the State of Florida (the State) and 17% from Erosion District Zone E, a county- wide ad valorem taxing district administered by the St. Lucie County Erosion District, a dependent special district of St. Lucie County most recently codified by Chapter 2004-409, Laws of Florida (the Erosion District). Although the St. Lucie County Board of County Commissioners acts ex officio as the governing body (the Board) of the Erosion District, the County and the Erosion District are separate and distinct legal entities which are working in conjunction to advance the Project. Development of the Project to-date includes erosion studies, geotechnical investigations, hardbottom mapping, planning and design, permitting, and environmental studies. This information will also be beneficial to any future beach restoration projects in this area. The Project lies within state designated "critically eroded" Atlantic shoreline and includes all beachfront parcels from Normandy Beach to the Martin County line. The Project entails placement of approximately 485,900 cubic yards of beach quality sand with native vegetation planted in the restored dune crest along about 3.4 miles of shore line. The sand source will be off-shore and has met Florida Department of Environmental Protection permitting standards. As a permitting requirement to construct the beach and dune improvements, mitigation reefs will also be constructed. The two locations presently identified for the mitigation reefs are at Ocean Bay and Blind Creek, both County Parks. The reefs are proposed to be located in shallow water adjacent to the parks. September 4, 2012 Item No. III-A Page 2 The estimated cost to complete the Project is $11,730,000. The Project funding plan (Attachment "1") includes three funding sources: State funding, the proceeds of certain property taxes derived from Erosion Zone E, and the South Hutchinson Island Beach and Dune Restoration SAD (the SAD). On behalf of the Project, the County has been approved for approximately 43% in state matching funds to construct the project. Zone E is an existing countywide taxing district created to help fund erosion control projects for publicly-owned properties. Zone E will fund approximately 23% of the future project cost and includes funding for the two public beaches located within the Project's boundary as well as 100% of what has been determined to be the recreational benefit for the entire Project. The SAD will fund approximately 34% of the future Project cost. The SAD boundary is legally determined by the parcels which will derive a direct benefit from the service or improvement (Attachment "2"). Parcel owners will have the option of financing their assessment amount over a ten-year period or prepay their assessment in full prior to bank financing, thereby saving interest and financing fees. If the assessment is paid over time, annual payments will be collected on a parcel's property tax bill. The special assessments will be levied and collected by the Erosion District in accordance with the procedure set forth in Erosion District Resolution No. 11-004 (the Procedure Resolution), as authorized by Chapter 2004-409, Laws of Florida. Project costs associated with the SAD are proposed to be fairly and reasonably apportioned based upon individual property characteristics and a point based formula related to storm damage reduction and land loss benefits. The assessment amount levied on each parcel is determined by allocating the total cost of the project among the parcels which derive a special benefit in proportion to the benefit received; or in this case the total project cost after County and State contributions. In an effort to further reduce cost to the parcel owners within the SAD the County will apply its contribution prior to the State's thereby the SAD will realize the complete savings from the State's contribution. If a parcel owner does not grant a temporary construction easement, improvements will only be made west of the Erosion Control Line and not on their private property; however, the parcel will still be assessed. Please see Attachment "T' for more information. In June 2012, the Board created the SAD and approved the balloting results which identified that the majority of owners liable for the proposed assessment amount are in favor of creating the SAD. The Board also directed staff to obtain easements, finalize plans, finalize the apportionment methodology, mail and publish required notices, and take any other actions as may be required. In August 2012, the Board approved Resolution No. 12-005, establishing this public hearing, authorized the Board to impose beach and dune restoration special assessments for the fiscal year commencing October 1, 2012, and directed the Assessment Coordinator to prepare assessment rolls using the uniform method of collecting beginning on the 2012 property tax bill. If Approved, Resolution No. 12-008 (Attachment "4") ratifies and confirms the Initial Assessment Resolution, approves the Assessment Roll, and levies assessments against each parcel within the SAD. Parcel owners were notified of this public hearing by mail and by publication on August 14, 2012. Previous Action: June 10, 2011 - Board adoption of Resolution No. 11-004, establishing the procedures for implementing non- ad valorem assessments by the District. December 20, 2011 - Board adoption Resolution No. 11-006, stating its intent to use the uniform method of collecting non-ad valorem special assessments levied by the South Hutchinson Island SAD commencing with the 2012-2013 Fiscal Year. June 5, 2012 - Board adoption of Resolution No. 12-004, creating the South Hutchinson Island SAD. August 21, 2012 - Board adoption of Resolution No. 12-005, the initial assessment resolution Recommendation: Board approval of Resolution No. 12-008, as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment "1" St. Lucie County South County Beach & Dune Restoration Project Local Funding Plan June 19, 2012 C COASTAL TECH COASTAL TECHNOLOGY CORPORATION South County Beach & Dune Restoration Local Funding Plan Executive Summary The St. Lucie County Erosion District (DISTRICT) has applied for state and federal permits to provide for initial construction of the South County Beach & Dune Restoration Project (Project). The proposed Project entails placement of approximately 486,000 cubic yards of sand with native dune vegetation planted in the restored dune crest over about 3.4 miles of shoreline at a probable construction cost of $8,547,400. Additional costs, including Project contingencies, DISTRICT administrative fees, monitoring costs and financing costs, are estimated to total about $6.3 million - subject to finalization of the proposed Project and this local funding plan (Plan). The initial construction is proposed as a non-federal Project to address the deteriorated shoreline and emergency conditions as soon as possible while the U.S. Army Corps of Engineers (USACE) assesses the feasibility of future federal funding via a federal Shore Protection Project to provide for future Project maintenance via re-nourishment of the beach. The initial Project construction is authorized for partial State funding - expected at a minimum of 42% of Project costs (i.e. State Share) via the State of Florida Beach Erosion Control Program. The remaining 58% of costs -the Local Share -for the initial Project construction must be funded entirely via local funds. The proposed Project is expected to produce benefits predominantly to oceanfront properties (81% of total benefits) within the Project area - associated with storm damage reduction and prevention of land loss due to erosion - as expected to be abated by the Project. In addition, recreational benefits (at 19% of total benefits) are realized by all County residents. Project costs are proposed to be apportioned based upon the proportion of benefits received as follows: • A total of 19% of Project costs are proposed from the existing "Zone E" within the DISTRICT - a county-wide benefit zone - for recreation benefits generated by the public and private beaches within the Project area, • Of the 81% of Project costs associated with storm damage reduction and prevention of land loss: o a minimum of 42% is expected to be provided by the State Share, 0 5% contribution is to be provided by the county-wide "Zone E" for County-owned property within the Project, and 0 34% is to be provided by a proposed Special Assessment District (SAD). Project costs associated with the special assessment district are proposed to be fairly and reasonably apportioned based upon individual property characteristics and a points-based formula related to storm damage reduction and land loss benefits including: • the size or acreage of the oceanfront parcel - at I point per 0.1 acres, • the length of the parcel's Project ocean-frontage -. at 1 point per 10 linear feet, and • the number of dwelling units attributable to the property - at 1 point per unit. Under the proposed points-based formula, the total points for each individual property is the basis for apportionment of benefits and costs to that property - as the individual property's share of total points for all properties. Appendix C summarizes the assessments for individual properties within the special assessment district. A DRAFT Plan was distributed and presented to stakeholders in October 2011. Subsequently, the DISTRICT polled property owners affected by the proposed Plan via ballot, to determine the extent of support for the proposed Plan. A public workshop was held on February 1, 2012 as part of the ballot process. The ballot results indicate the weighted-majority of affected property owners favor creation of the proposed SAD; the DISTRICT approved creation of the SAD on June 5`h, 2012. South County Beach & Dune Restoration Local Funding Plan Table of Contents 1.0 Project Overview ..................................................................................... ........................... 1 1.1 General ................................................................................................. ...........................1 1.2 Project Purpose .................................................................................... ........................... 1 1.3 Project Description ............................................................................... ........................... 1 1.4 Project Costs ........................................................................................ ..........................2 2.0 Project Funding Alternatives Summary ................................................... ........................... 2 2.1 Federal Funding ................................................................................... ........................... 2 2.2 State Funding ....................................................................................... ........................... 4 2.3 Local Funding ...................................................................................... ...........................6 3.0 Local Funding Mechanism via Erosion District ...................................... ......................... 10 3.1 Project Benefits & Fundamental Apportionment Summary ................ ......................... 10 3.2 District Boundaries .............................................................................. ......................... 12 3,3 Special Assessment Apportionment .................................................... ......................... 12 4.0 Next Steps ................................................................................................ .........................15 5.0 References ................................................................................................ .........................15 List of Tables Table 1 - Probable Costs - Initial Project Construction .......... Table 2 - Probable Costs - Additional Project Costs ............... Table 3 - Summary of Annual Project Benefits ....................... Table 4- Summary of Project Recreational Benefits ................ List of Appendices ................................................... 2 .............................................. 2 ......................................... 11 ............................................ I 1 Appendix A - Chapter 2004-409 - St. Lucie County Erosion District Enabling Legislation_,,,,.____„ Appendix B - Map Figures of Proposed Special Assessment District Boundary ------------------------------- Appendix C - Apportionment Formula Spreadsheet,,,__„_,,,,_,,,,,,_„______..._._,____ South County Beach & Dune Restoration Local Funding Plan 1.0 Project Overview 1.1 General The St. Lucie County Erosion District (DISTRICT) has applied for state and federal permits to construct the South County Beach & Dune Restoration Project (Project). The DISTRICT has also applied for Florida Beach Erosion Control Program funds via the Florida Department of Environmental Protection (FDEP) for the maximum percentage of Project costs per the DISTRICT's agreement with FDEP; during the 2012 legislative session, a minimum of 42% of total Project costs were appropriated by the legislature. To potentially secure maximum funding from FDEP, the DISTRICT will apply for FDEP funding in each of the next four years to offset the anticipated costs associated with monitoring required by the Project permits; this Plan assumes 43.49% of the monitoring costs over the next four years will be provided by FDEP. The balance of Project costs must be provided by the DISTRICT. This document presents: ¦ an updated estimate of beach restoration Project costs; ¦ the proposed boundaries of Project benefit districts or areas where property owners are expected to benefit from the Project; ¦ identification and categorization of all properties within the district boundaries; • apportionment of the benefits of the Project among the properties or categories of properties within the boundary of the benefit districts or areas; • a cost/benefit analysis for the Project and associated properties; and ¦ assessments quantified as the contribution required for each property or category of properties within the boundaries. 1.2 ProjeetPurpose The Florida Department of Environmental Protection (FDEP) has classified much of the south St. Lucie County beaches as "critically eroded areas." St. Lucie County's coastline is a valuable resource providing storm protection, recreation, economic value, and wildlife habitat. The purpose of the proposed Project is to: • offset the sediment deficit; • restore and maintain the recreational beach; • restore/maintain habitat for marine turtle nesting, marine life and shore birds; and • provide storm damage protection for property and infrastructure. The DISTRICT is initiating this effort to develop an initial non-federal Project to address the deteriorated shoreline and emergency conditions as soon as possible with parallel development of a Federal Shore Protection Project to provide for future Project re-nourishment. 1.3 Project Description The DISTRICT proposes a beach and dune restoration project to meet the project purpose. The proposed project entails placement of approximately 486,000 cubic yards of sand over about 3.4 miles of shoreline to partially restore the beach and dune along south St. Lucie County beaches. The proposed Project area extends from FDEP reference monuments R98 to R115 + 1000 feet south at the St. Lucie County/Martin County Line. Page 1 of 15 Tune 19, 2011 South County Beach & Dune Restoration Local Funding Plan 1.4 Project Costs Probable initial construction costs are estimated, based upon unit prices for other beach nourishment projects in Florida constructed between 2006 and 2007 and adjusted for inflation. Costs for mitigation of hardbottom impacts are included. Table 1 summarizes probable costs for construction of the proposed Project. Table 1 - Probable Costs - Initial Project Construction Item No. Description Quantity Unit Price Cost 1 Mobilizatim/Demobilization 1 LS $1,800,000 $1,800,000 2 Furnish & Install Sand 485,900 ey $9.00 $4,373,100 Peanit Compliance 1 LS $140,000 $140,000 Including Turbidity Monitoring 4 Beach Tilling 48 acres $600.00 $28,800 5 Furnish & Install Native Plants 295,000 each $0.90 $265,500 6 0.97 acre Mitigation Reef - Construction - 1LS $1,290,000 $1,290,000 Total Construction Cost $7,897,400 __________________________________________________Mitigation Reef _ Design & Permittin& ------------ --I-0 ---- Construction - Engineering & Admininstration $560,000 Total Cost $8,547,400 Additional costs, including a Project contingency fund, administrative fees, monitoring costs and financing costs, are estimated to total up to $6.3 million but will be confirmed at a later time, before finalization of the proposed Project and this local funding plan. Table 2 summarizes these additional costs. Table 2 - Probable Costs - Additional Project Costs Cost Category Description Cost Contingency_?IS%ofConstructionCostsj_ ?--------- $1z2821110 ___________ 870,449 _ ----_- Monitoring____? - -__ t--------- --- Project-wide Additional Costs ------------------ $1 Project Administrative Fees I $275,261 Subtotal: $3,427,820 SAD Additional Costs* Subtotal: $2,870,771 -Shown costs assume all SAD participants elect to finance (i.e., make to annual payments) rather than make up-front payments; shown costs would reduce proportional to the number of participants who elect to make up-front payments, 2.0 Project Funding Alternatives Summary Potential funding for the Project may be obtained from federal, state & local sources. This section of the plan identifies: (a) the advantages and disadvantages of each funding source, and (b) the likely process and schedule to obtain funds from each source. 2.1 Federal Funding Federal funding for the Project may be obtained via U.S. Congressional appropriation in coordination with the U.S. Army Corps of Engineers (USACE) Jacksonville District. The Page 2 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan USACE is the primary federal entity responsible for the restoration and maintenance of sandy beaches in the United States under the federal Shore Protection Program. The USACE is authorized to perform this function via congressional authorization under the Water Resources Development Act (WRDA), a federal statute reenacted about every two years which can grant congressional authority for the USACE to assist states and local communities with shoreline protection. Federal funds to support projects authorized under WRDA are appropriated annually through the Energy and Water Development Appropriations Act. St. Lucie County has over 40 years of experience with this program in concert with the Ft. Pierce Shore Protection Project (SPP). Under WRDA, Congressional authorization for a beach erosion project can take two forms. First, Congress has granted the USACE general authority, under the Continuing Authorities Program (CAP), to investigate and construct certain kinds of small, one-time projects that fall within specific categories and budget limits. However, the proposed Project does not qualify under the CAP because its scope does not fit within any of the nine continuing authority categories. The second form of Congressional authorization under WRDA can come in the form of an "individual project authorization", whereby the USACE is directed to study, design and construct a particular project. A dedicated funding stream is established when individual project authorization is granted. In most cases, the federal commitment to maintain a beach is authorized as an "individual project authorization," which provides authorization for typically 50 years of federal participation. Projects must have three components to receive an "individual project authorization" from Congress: 1. A willing non-federal sponsor - such as a state or local government to share in the cost of the project. Note: federal assistance is limited to 65% of total project costs - unless an increased federal share is justified (for federal lands or via a Section 111 Study to mitigate navigation impacts - as for the Ft Pierce SPP). 2. A clear public benefit - the restored portion must have sufficient public access and/or provide substantial storm damage reduction benefits to upland properties and infrastructure. 3. Economic justification - USACE must determine that benefits of the project exceed project costs. The USACE Jacksonville District is currently evaluating the proposed Project via a Feasibility Study to determine the feasibility of federal participation in the future maintenance of the Project; initial Project construction is proposed as a "non-federal project." Future federal funding is dependent upon a favorable determination by the Jacksonville District and subsequent congressional authorization and appropriations. Advantages of Federal Fundine: ¦ Authorization of the Project as an "individual project" provides substantial savings to the County (up to 65% of Project costs) • Authorization will provide long-tern funding stability to the Project (up to 50 years). • Authorization may provide federal funds to rebuild or repair the beach to the original design following damage from a storm event. ¦ Coordination with the USACE brings federal experience and additional expertise to the Project. Page 3 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan Disadvantages of Federal Funding: ¦ The process to obtain authorization typically takes 5 - 10 years and may take longer. ¦ Coordination with the USACE during the Feasibility Study and after authorization of the Project requires compliance with federal rules and regulations which may be cumbersome for County staff. ¦ County objectives or priorities may be difficult to assure because the County can lose autonomy by having to share control of the Project with the USACE under federal regulations. ¦ Federal appropriations have historically been limited by the Office of Management & Budget, the federal budget deficit, and related politics. Areas included in the Coastal Barrier Resources System (CBRA Zones), such as Dolman Park, are not eligible for federal funding. These areas constitute 1,880 linear feet (or approximately 9%) of the total Project shoreline. Process & Schedule to Obtain Federal Funds In general, there are seven steps to obtaining individual project authorization from Congress: 1. Problem Perception 2. Request for Federal Action 3. Congressional Approval for Reconnaissance Study 4. Federal Feasibility Study (now underway) 5. Pre-Construction Engineering & Design 6. Congressional Authorization & Appropriation 7. Project Implementation The County has perceived the problem, requested federal action, and a Reconnaissance Study (Step 3) for the Project was completed in 2004. Based upon our discussions with Dan Haubner of the USACE Jacksonville District: • The USACE Feasibility Study (Step 4) is scheduled to be completed in 2015. • Federal funding is not proposed for the initial Project construction due to the timing of the above. Potential Federal Funding Level: 58.76% of Project maintenance costs - due to ineligible CBRA Zones [Note: Discussions with USACE- Jacksonville staff indicate the potential Federal Funding Level will likely be less due to limited public access.] Likely Timing for Federal Funding: 2019 2.2 State Funding In general, State of Florida funding for the Project may be obtained via Florida Legislature appropriation in coordination with the Florida Department of Environmental Protection (FDEP). The Florida Beach Erosion Control Program was established in 1964 to coordinate with local and federal governments to achieve the protection, preservation and restoration of the coastal sandy beach resources of the State; the program is currently administered by FDEP. The program provides financial assistance for eligible project activities, including beach restoration and nourishment, project design, engineering studies, environmental studies, environmental & physical monitoring, inlet management planning, inlet sand transfer, dune restoration and protection activities and other beach erosion prevention activities which are found to be Page 4 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan consistent with the adopted State Strategic Beach Management Plan. The program is authorized by Section 161.101 of Florida Statutes (FS) and details of the program rules and regulations are prescribed by Chapter 6213-36 of Florida Administrative Code (FAC). In general, a proposed project must compete with other proposed projects for the limited amount of funding appropriated by the Florida Legislature. Chapter 6213-36.006, FAC, outlines criteria for the ranking of projects via points. There are thirteen criteria, each with a maximum point award ranging from five to ten points. The eight most significant criteria (i.e. worth a maximum ten points) are: severity of erosion, threat to upland structures, recreational and economic benefits, availability of federal funds, previous state commitment, project performance, mitigation of inlet effects and significance (or length). Once a proposed project has ranked high enough in competition with other projects, has been included in the FDEP Strategic Budget Plan and the state legislature has appropriated adequate funds, Chapter 6213-36.007, FAC, provides the criteria to determine how much of the project will be funded by the state. The state provides financial assistance for up to 50% of eligible beach project costs which have not yet been covered by a federal project authorization. The proportion of costs shared by the State is based on the amount of public access (or "eligible shoreline") within the project area. Chapter 62B-36.007(1)(e), FAC, states, "The sum of the eligible shoreline lengths... is divided by the total project length to determine the percentage of the total project that is eligible for state cost sharing." Through recent County beach access improvements at Dolman Park and Waveland Park, potential State funding for the Project is estimated at 43.49% of eligible Project costs, which corresponds to a 42% of all Project costs. Advantages of State funding: ¦ Cost sharing typically ranges up to 50% of the non-federal Project costs - where public access criteria are met. • Inclusion of the Project in the Beach Erosion Control Program can provide long-term funding stability once the initial restoration is complete. • The state may increase its proportional share of the Project costs (up to 75%) if the County can coordinate the Project with another entity to construct a regional project, if such partnering reduces overall construction costs. Disadvantages of State funding: ¦ The Project must be implemented consistent with the timing of the state's budget process. • Legislative appropriations have recently been limited to projects with a federal share of costs. Process & Schedule to Obtain Funds In general, there are five steps to obtain state cost sharing: 1. Application for FDEP Erosion Control Program Funds 2. FDEP Staff Review and ranking 3. Inclusion of project in FDEP Strategic Budget Plan 4. State Legislative Appropriation 5. Final FDEP Action via Execution of a Project Agreement with the local sponsor (County). Page 5 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan For this Project, the County has completed Step 1. FDEP staff submitted their proposed ranking and Strategic Budget Plan for the 2011-2012 fiscal year to the State legislature and the Project was included in the State's FY 2012-2013 Budget. According to the criteria determining state cost sharing, 86.98% of the shoreline within the Project area is considered accessible to the public. Therefore, half of this percentage, or 43.49%, is the proportion of eligible non-federal costs the State can cost share with the County. County staff is currently pursuing a regional project with the USACE's Martin County Shore Protection Project (SPP) to reduce construction costs and maximize state funding. In general, the construction cost savings might be achieved by sharing mobilization/demobilization costs. To date, a regional project has not been funded by the Beach Erosion Control Program and therefore precedence for the state's cost-share under a regional project has not been established. However, the state has identified a potential increase in State funding from 43.49% for an independent project up to 47.11 % for a regional project. The Martin County SPP is expected to commence construction as early as November 2012. To realize the cost savings via a regional project with Martin Co., St, Lucie County will independently seek alternate bids from contractors to: (a) construct the Project concurrently - immediately subsequent to - the Martin County project; and also (b) as a separate Project - independent of the Martin County project. Potential State Funding Level: 43.49% of eligible Project costs (independent project); or Up to 47.11% of eligible Project costs (regional project) Likely Timing for State Funding: July 2012 2.3 Local Funding In general, local funding for the Project may be obtained via four possible revenue streams: ¦ County's general fund (revenue); • tourist development tax; • creation of a municipal services benefit unit; or • creation of a new special assessment district administered by the St. Lucie County Erosion District. Each local funding source is described below: General Fund: Information regarding the St. Lucie County General Fund is described herein as determined from discussions with County staff. The St. Lucie County General Fund includes all County financial resources except those required to be in a specific fund. Most countywide activities are funded via this fund. Revenue is generated for this fund via ad valorem taxes, sales tax, licensing, racing tax & user fees. Expenditures under this fund include parks & recreation services, central services, health services, administrative, property appraiser, tax collector, clerk to board, supervisor of elections, general and commission costs. The General Fund is currently undergoing a decrease in annual funding, due to reduced revenue associated with national, state, and local economic conditions and the fund's corresponding revenue sources. From FY 2010- 2011 to FY 2011-2012, the General Fund budget decreased by approximately $9 million, or 5.7%. This and previous General Fund decreases have caused the County to restructure its operational departments and cut some services in order to meet the budget shortfall. Page 6 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan Based on the County's budgetary situation looking forward, additional millage rate increases and/or dramatic improvements in the economic climate that would enable the County to provide General Fund revenues for the Project are not foreseeable, Due to the apparent impossibility of obtaining advantages, disadvantages, process & schedule addressed. funding for the Project via the General Fund, for obtaining General Fund monies will not be Potential General Fund Funding Level: 0% Likely Timing for General Fund Funding: Unforeseeable Tourist Tax: Information regarding the St. Lucie County "Tourist Tax" is described herein as determined from discussions with County staff. Section 125.0104, FS, authorizes counties to levy a tourist development tax or a "transient tax" - commonly referred to as a "tourist tax". Funds from this transient tax may be used for the capital construction of tourist-related facilities, tourist promotion and beach and shoreline maintenance. Transient tax rates vary by county depending on a county's will to impose the tax and a county's eligibility to levy particular taxes; however, the absolute maximum rate is 6%, levied on lodging accommodations rented for six months or less. In 1984, St. Lucie County voters approved a transient tax. Currently, St. Lucie County's transient tax rate is set at 5% and the County has the following allocation of the funds, based on 5 cents per dollar: • First & Second Cent - allocated to operation and maintenance of St. Lucie County's Sports Complex. ¦ Third Cent - Tourism promotion (i.e. funds tourism office, website, advertising, printing & promotion of local sporting events). • Fourth Cent - Pay debt service on bonds used to finance the reconstruction and renovation of St. Lucie County's Sports Complex - debt service to end in 2020. • Fifth Cent - 67% of the fifth cent goes towards the fourth cent purpose - to end in 2018; 33% of the fifth cent is allocated for capital facilities that promote tourism located north of Midway Road. According to the St. Lucie County Tax Collector's website, proceeds from the St. Lucie County transient tax range from $2 - 2.5 million per year. Advantages of the Transient Tax Use of transient tax funds for the Project would provide funding by many beneficiaries of the restored beach - tourists, who use the beach for recreation. • Use of transient tax funds would diversify the Project's funding stream. Disadvantages of the Transient Tax • The County has maximized its ability for taxing under Section 125.0104, FS, and is not eligible to raise the tax to the maximum 6% because the County has not been certified as a "high tourism impact" county since the County's total tourism revenue is not greater than $600 million. • The County is contractually obligated to maintain the current allocation of the first, second, fourth and fifth cents through 2018. Page 7 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan Process & Schedule for Obtaining Funds Funding for the Project via the transient tax is not viable. Potential Transient Tax Funding Level: 0% until after 2018 Likely Timing for Transient Tax Funding: After 2018 Municipal Services Benefit Unit (MSBU): Under Chapter 125.01(1)(q), FS, a county is authorized to "establish... municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided... beach erosion control... and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only." MSBUs are commonly used in Florida communities for the purpose of funding projects that have a clear benefit area - such as for the proposed Project. Based on historical utilization of MSBUs in Florida, several court rulings, and guidance from the Florida Attorney General, MSBUs can be said to have four common characteristics: 1. A MSBU is created and managed by the governing body of the County, the Board of County Commissioners. A public referendum may be employed to adopt a MSBU but is not required. 2. The boundaries of a MSBU may include all or part of the boundaries of a county or municipality. 3. The special assessments within a MSBU boundary are not required to be uniform but must be reasonably related to the benefit accruing to the property from the constructed project or service provided. 4.. The governing body has broad discretion in identifying the benefits of a project and in developing a methodology to apportion the benefits and assessments among the properties in the MSBU. MSBU creation and assessment requires identification of benefits received by properties within the MSBU boundary. Beach and dune restoration projects have historically identified two over- arching benefits to the properties within the MSBU boundaries: (1) storm damage reduction benefits; and (2) recreational benefits. Storm damage reduction benefits result from the presence of a wider, more stable beach which is expected to reduce damages during future probable storm events; the closer a structure is to the beach, the greater storm damage reduction benefit it receives. Recreational benefits result from the availability of additional recreational space at the beach as a result of the Project. These Project benefits have previously been estimated for the proposed Project in concert with formulation of the recommended Project design. Advantages of MSBU • MSBUs are an established and legally recognized method to raise local funds for beach and dune restoration projects in Florida. • MSBUs fairly and reasonably distribute the local costs of the Project to the real property specially benefitted by the Project. • MSBUs provide a mechanism to meet specific financial needs of the Project. • MSBUs are flexible and provide counties with discretion to tailor the MSBU to meet unique circumstances of the Project. Page 8 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan Disadvantages of MSBU • MSBUs may face challenges from affected landowners who disagree with the cost apportionment methodology. • If public referendum is the chosen method of creation, approval may take up to a year to complete. • MSBUs can be complex and challenging to implement. Process & Schedule for Obtaining MSBU Funds Typically, a MSBU is initiated by a request from a group of interested residents or county staff. In St. Lucie County, MSBUs are typically balloted to all potentially affected property owners and require a 51% approval for the MSBU to move forward. However, state law allows the Board of County Commissioners to implement a MSBU at any time, without a petition. Timing of MSBU creation is variable and dependent on the County's chosen path for implementation, desired level of public coordination and research needed to adequately determine the benefits associated with the project. Potential MSBU Funding Level: No legal limit. Final amount usually designed to supplement Project funding needs to 100%, after federal and state sources have been exhausted. Likely Timing for MSBU: 6 months - I year from implementation. Assessments typically span the Project initial-construction life (estimated at 10 years). Erosion District Special Assessment District (SAD): The St. Lucie County Erosion District (DISTRICT) was originally formed in 1967 by the Florida Legislature to address beach erosion problems in St. Lucie County. In 2004, the DISTRICT's enabling legislation was updated as prescribed by Chapter 2004-409 of the Laws of Florida. The DISTRICT has been granted certain powers to address erosion within the County, one of which is taxing authority. The DISTRICT may levy and collect ad valorem taxes and non-ad valorem assessments. Ad valorem taxes by the DISTRICT were originally assessed amongst four predetermined zones within the DISTRICT and at certain predetermined ratios, per zone; taxes are now assessed to one County-wide zone ("Zone E") at a uniformly applied rate. Non-ad valorem assessments may be authorized by the DISTRICT only on benefited real property at a rate based upon the special benefit accruing to the property from the Project. Under Section 9 of the updated enabling legislation (Appendix A), the DISTRICT is "...authorized and empowered by resolution to assess, levy and collect non-ad valorem assessments for the... construction... of district facilities... Such assessments shall be levied only on a benefited real property at a rate based upon the special benefit accruing to such property from the... construction..." Advantages of Erosion District SAD • The DISTRICT may create new or revise existing assessment district boundaries by resolution. This flexibility allows the DISTRICT to customize an assessment to meet the needs of the Project. • The DISTRICT's non-ad valorem authority is clearly in line with a MSBU funding plan because it allocates costs to those properties benefitted by the Project. Page 9 of 15 June l9, 2011 South County Beach & Dune Restoration Local Funding Plan • Non-ad valorem assessments do not require ordinance for implementation. Disadvantages of Erosion District SAD • SADs can be complex and challenging to implement. • SADs may face challenges from affected landowners who disagree with the cost apportionment methodology. Process & Schedule for Obtaining Funds The DISTRICT will need to convene and pass a resolution to approve a levy of non-ad valorem assessments based on benefits to real property. Potential Erosion District Funding: No legal limit. Final amount usually designed to supplement Project funding needs after federal and state sources have been exhausted. Likely Timing for District Funding: Within 1 year of action by the DISTRICT. Assessments would likely span the Project life (estimated at 10 years). Local Funding Recommendation: From the two viable alternatives above - a MSBU and a new Erosion District SAD - a new Erosion District Special Assessment District (SAD) utilizing a non-ad valorem benefits-based assessment is the recommended mechanism for generation of the local share of Project costs not slated for funding through "Zone E", as described below. A new SAD is more favorable than a MSBU because the Project falls under the legal purview of the Erosion District and the Erosion District has the authority to implement non-ad valorem assessments, similar to a MSBU (see Appendix A for current St. Lucie County Erosion District enabling legislation). 3.0 Local Funding Mechanism via Erosion District 3.1 Project Benefits & Fundamental Apportionment Summary General: The Project is reasonably expected to provide a number of special benefits to all property located within the SAD which may be described in two general categories: (1) benefits associated with storm damage reduction and preventing loss of land, and (2) recreational benefits. Such benefits will include enhancing protection of the natural environment associated with the beach, providing enhanced storm protection to upland property, enhancing the market value and marketability of properties within the SAD, and enhancing the use and enjoyment of such property through the provision of the aesthetic and recreational beach amenities. The Project will provide property owners within the SAD with an expanded beach area for their use and enjoyment. The presence of the beach also serves as a primary motivator for people to live in the SAD or to visit properties in the SAD. The Project will provide significant storm damage reduction for up to a fifty-year storm event throughout the Project area. The estimated cost savings resulting from the Project in the event of a fifty-year storm are expected to exceed the total amount assessed by as much as 75%. Without the Project, such a storm event would result in significant loss of existing land, and could eradicate the existing dune and undermine some structures while destroying others. The addition of sand via the Project will create wider dry beaches and an enhanced dune that provide this Page 10 of 15 June 19, 201 I South County Beach & Dune Restoration Local Funding Plan enhanced protection to property owners. Moreover, it is reasonable to assume that as a result of the Project, both the market value of the properties and their marketability will increase. Finally, the larger beach will provide increased recreational opportunities that enhance use and enjoyment. Accordingly, the benefit-cost analysis undertaken by Coastal Tech indicates that the benefits of the Project significantly outweigh the costs to be recovered from affected properties through the special assessment. Project Benefits: In concert with formulation of the proposed Project, Coastal Tech performed a benefit-cost analysis (Coastal Tech, 2010) of the Project consistent with U.S. Army Corps of Engineers planning regulations to allow the Project to qualify for federal funding for future re- nourishment with federal funding. Table 2 below summarizes the estimated annual Project benefits and the primary beneficiaries. Table 3 - Summary of Annual Project Benefits Benefit % of Benefit Description Value Total Beneficiaries Storm Damage Reduction $1.964-066 66% oceanfront nronerties Loss of land $446,245 15% oceanfront properties Recreational $549,690 19% mixed Total: 52,960.001 100% Based upon the benefits assessment, oceanfront properties are the beneficiaries of most - 81 % - Project benefits. As used herein, the term "oceanfront properties" means those tax parcels generally fronting or in close proximity to the Atlantic Ocean and located within the proposed SAD. The beach use survey report titled "South St. Lucie County Beaches Recreational & Economic Impact 2007-08" by Dr. William B. Stronge (Stronge, 2008) identified that that beach users are of various origins, with a majority - 60% - of beach users residing outside of St. Lucie County. Table 3 below summarizes the residency of beach users during the 2007-08 survey. Table 4- Summary of Project Annual Recreational Benefits Recreational Benefits Beach User - Residency % of Visitors Value % of all Benefits Barrier Island -Oceanfront 9% %49.898 2% Barrier Island - Lagoon-side 4% $23,482 10/0 Port St. Lucie 19% $101,805 3% Fort Pierce 80/0 $45,173 2% out-of-county residents 60% $329,332 11% Total: 100% %549,690 19% Page 11 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan Fundamental Apportionment: Based on the benefits cited above - particularly with the predominant beneficiaries being the oceanfront properties - it appears appropriate to fund the Project via the Erosion District, including: • a new SAD encompassing those oceanfront tax parcels which are specially benefitted by the Project; and • funding from Zone E for the entire county- as now exists. Project costs will be apportioned based upon the proportion of benefits received. In particular: a) Storm Damage Reduction (SDR) & Loss of Land (LOL) benefits will accrue to oceanfront property proposed for special assessment to pay the portion of Project costs proportional to these benefits. These benefits account for approximately 81% of estimated project benefits; of the 81% of Project costs associated with these benefits: • A minimum of 42% is expected to be provided by the State Share, ¦ 5% contribution is to be provided by the county-wide "Zone E" for County- owned property within the Project, and 34% is to be provided by a proposed special assessment district or SAD. b) Recreational benefits will accrue to oceanfront, lagoon-side barrier-island, mainland county, state & out-of-state residents at rates identified in Table 3 above. Overall, recreational benefits account for approximately 19% of estimated project benefits. Based on discussions with County staff, funds collected from the existing County-wide "Zone E" and held in the County's Erosion District Fund appear to be sufficient to pay for the proportion of Project costs equivalent to the proportion of recreational benefits - 19%. Utilization of this funding source appears appropriate because: (a) the recreational beneficiaries include residents throughout the County and tourists who contribute to the County; and (b) the mechanism is already in place and used to fund the Fort Pierce Shore Protection Project. 3.2 District Boundaries "Zone E" is an existing zone with a county-wide boundary. The new Erosion District SAD is proposed to be generally bounded to the north and south by properties fronting the Project area, to the east by the Atlantic Ocean and to the west by the western limit of the oceanfront properties - all east of State Road AIA. The attached figures in Appendix B display the proposed SAD boundary around existing parcels. The SAD includes: Nettles Island, Windmill Village Condominium #1 and Holiday Out subdivisions; these subdivisions include common property fronting the Atlantic Ocean within the Project area. 3.3 Special Assessment Apportionment The Project costs associated with the SAD must be fairly and reasonably apportioned among those properties receiving the SDR and LOL benefits. For comparison, three counties (Martin, Santa Rosa & Okaloosa) with comparable project scopes and annual costs have successfully employed a mechanism assigning points to properties based on property characteristics. The property characteristics have included two to four factors to determine how much a property is assessed, including frontage, acreage, dwelling units and business class. Consistent with these previously employed examples, a formula was developed as described below. Page 12 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan To develop a point system rationally related to the SDR and LOL benefits to a parcel, parcel characteristics related to these benefits were identified. The three characteristics proposed for the SAD are: • the size or acreage of the oceanfront parcel • the length of the parcel's Project frontage, and • the number of units or the "equivalent dwelling units" attributable to the parcel, It should be noted that nearly all of the parcels within the proposed SAD boundary which are appropriate for special assessment are used and/or zoned for residential purposes. Accordingly, the point system described herein does not include business class as a separate apportionment factor but takes account of commercial uses using the equivalent dwelling units factor as explained below. The size of the parcel is a reasonable factor because, in general, as the size of a lot increases, so does the area vulnerable to erosion. By protecting larger parcels, the Project will generate greater benefits for those parcels. The frontage length of a parcel can be fairly correlated with the SDR and LOL benefits because the land lost during a storm or just over time generally increases with the length of shoreline to which it is exposed. To illustrate this concept, compare two adjacent parcels with the same acreage, but different beach frontage lengths. Assume each parcel is one-acre in size and has dimensions of 100-feet by 436-feet. However, assume one parcel is oriented with a 100-foot beach frontage and the other is oriented with a 436-foot beach frontage. In the event of erosion, the property with the 436-feet of beach frontage will most likely sustain more damage than the property with 100-feet of beach frontage, due to additional land lost. Because a wider, healthier beach will reduce the risk of erosion, the more vulnerable property - that with the greater beach frontage length - receives the greater benefit and should therefore be assessed the higher assessment fee. This scenario illustrates why it is important to include both beach frontage length and lot size as independent assessment factors in the Points-based formula. Finally, the number of units on a parcel is also a reasonable factor correlated to the SDR and LOL benefits a parcel may receive if the beach is restored. The number of units on a parcel corresponds to a more intense use of the upland parcel, thus greater level of economic risk, and a corresponding greater number of beneficiaries. Together, these three factors are used to evaluate the appropriate assessment for all Project- fronting parcels, whether the parcel is a condominium, single-family home, multi-family structure, active business or vacant land. Under the Points-based Formula, each property is scored based on: i) linear feet of Project frontage - 1 point per 10 linear feet; ii) acreage of parcel - 1 point per 0.1 acres; and iii) number of units - dwelling units - 1 point per unit. The points assigned to frontage and acreage fairly reflect the storm damage prevention benefits and loss of land benefits received by the properties, balancing the amount of property benefitted with its direct exposure to storms and erosion. Page 13 of 15 June 19,2011 South County Beach & Dune Restoration Local Funding Plan The number of units for residential parcels is equivalent to the number of dwelling units. One condominium equals 1 unit. One single-family house equals I unit. For commercial parcels with active businesses, "equivalent dwelling units" were used (when available), as generated in 1996 for the South Hutchinson Island Wastewater Treatment Plant. Vacant parcels and commercial parcels with no active business licenses were scored for frontage and area, consistent with all other parcels. For the units category, these parcels present a challenge because they may or may not be used (i.e. developed or open for business) during the life of the Project. If they are used during the life of the Project, they will be receiving benefits from the Project without paying a fair and equitable amount. Maximum equivalent dwelling units were obtained as generated by the County in 1996 for the South Hutchinson Island Wastewater Treatment Plant. Future use was modeled by assuming that the parcel would be used starting half way through the life of the Project and that one half of the maximum number of "equivalent dwelling units" would be used at that time. This results in assigning twenty-five percent of the maximum equivalent dwelling units to these parcels. Parcel owners willing to enter an agreement with St. Lucie County regarding the timing of use may be assessed on an alternative basis. The points accrued to publicly-owned parcels (e.g. public parks) were calculated the same way as they were calculated for the privately owned parcels. The assessments for these parcels will be funded by Zone E, as described above, in addition to the 18.57% of Project costs Zone E will fund to account for the recreational benefits of the Project. Five parcels are excluded from the SAD assessments because they are within a transition zone where the fill template tapers and the limited proposed beach fill is expected to erode more quickly than within the remaining Project area; these excluded parcels are at the north end of the Project. These properties are not expected to receive the SDR and LOL benefits at a rate that warrants inclusion in the SAD. For any oceanfront parcel within the SAD, which is not developed and which: (a) acts as a natural buffer for landward parcel(s) without beach frontage; (b) is dedicated for use, enjoyment or beach access for the benefit of such landward parcels; and (c) by action of covenant or deed will not be developed during the project lifetime, it is fair and reasonable to allocate the costs otherwise attributable to such parcel to the landward parcel(s), on a pro rata basis, which benefit by the continued undeveloped state of the oceanfront parcel. Such oceanfront parcel(s) are in essence an extension of the landward parcels and exist in an undeveloped state for the benefit thereof, and for purposes hereof, are analogous to facilities or common elements which are owned by a condominium association or are owned jointly by the owners of the parcel(s). Implementation of this formula includes obtainment of data from the County to gather acreage and units. The linear feet measurements of Project frontage were determined by Coastal Tech from parcel shapefiles obtained from the County. Properties within the Project are identified on the attached Formula Spreadsheet - Appendix C. The total points for each property is identified and the corresponding proportion to the total points for all Project properties is shown as a percentage. That percentage is multiplied by the total costs apportioned to the oceanfront property owners - 81.43% - via the Fundamental Approach described above. Each property would pay the amount proportional to its summed points divided by the points accumulated by Page 14 of 15 June 19, 2011 South County Beach & Dune Restoration Local Funding Plan all properties within the SAD Boundary, as described above. In much the same way as the value of common elements owned by a condominium association are attributed to individual condominium units for ad valorem tax purposes, it is fair and reasonable to allocate the assessments otherwise attributable to common element parcels serving condominiums or subdivisions, on a pro rata basis, among the parcels which enjoy right of access to and use of the common element. 4.0 Next Steps On June 5t", 2012, the DISTRICT created the SAD. The following steps lead to implementation of assessments via the SAD and construction of the Project: ¦ the Project will be bid for construction (expected in June-July 2012); • Project bid amounts will be incorporated into a Preliminary Assessment Roll (expected in July 2012); • the Preliminary Assessment Roll will be considered for approval (levy) by the DISTRICT (expected in August 2012); and • the DISTRICT will authorize execution of construction contracts (expected in September 2012). 5.0 References Coastal Tech, 2010. "St. Lucie County, Florida - South County Beach and Dune Restoration Project - Design DocumenC, Vero Beach, Florida Stronge, W.B.. 2008. "South St. Lucie County Beaches Recreational Use and Economic Impact". Boca Raton, Florida Page 15 of 15 June 19, 2011 Appendix A Chapter 2004-409 - St. Lucie County Erosion District Enabling Legislation CHAPTER 2004-409 House Bill No. 711 An act relating to the St. Lucie County Erosion District; providing for codification of special laws relating to the district; amending, codify- ing, reenacting, and repealing all prior special acts; preserving cur- rent authority; providing definitions; providing the board of the dis- trict shall be the St. Lucie County Commission; providing for.meet- ings and applicability of ch. 189, F.S.; providing district powers; providing that employees of the district shall be considered employ- ees of St. Lucie County; providing that contracts for services, sup- plies, and materials shall be entered into as provided by the charter and general law; providing district board authorization to amend, abolish, or consolidate existing district zone boundaries and deter- mine benefits for the purpose of levying ad valorem taxes; providing district board authorization to levy and collect non-ad valorem as- sessments; providing district board authorization for issuance of bonds pursuant to general law and this act; providing that the pur- chase of commodities and services shall be in accordance with the purchasing policies of St. Lucie County; providing for severability; repealing chapters 67-2001 and 97-354, Laws of Florida; providing an effective date. Section 2. Section 3. The St. Lucie County Erosion District is re-created and the charter for the district is re-created and reenacted to read: Section 1 Popular name.-This act may be known by the popular name the "St. Lucie County Erosion District Act." . 1 CODING: Words striven are deletions; words underlined are additions. means to alleviate such conditions in the county. Be It Enacted by the Legislature of the State of Florida: Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 Section 3. Definitions.-As used in this act, unless the context otherwise requires: (1) "District" means the St. Lucie County Erosion District. (2) "County board" means the Board of County Commissioners of St. Lucie County. district. 2 CODING: Words str"ea are deletions; words underlined are additions. any interests therein, rights, easements, and franchises of any nature what- soever relating to any such erosion prevention facilities and necessary or upon such terms and conditions as the board may deem just and reasonable, Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 and may be deposited in the name of St. Lucie County as long as they are properly accounted for by the treasurer. 3 CODING: Words stricken are deletions; words underlined are additions. (7) "Bonds" means any evidence of indebtedness issued and delivered by Section 4. District establishment; status; powers.-There is hereby cre- to carry out the purposes of this act. Section 7 District powers.-The district board for and on behalf of the Ch. 2004.409 LAWS OF FLORIDA Ch. 2004.409 4 CODING: Words strieken are deletions; words underlined are additions, corporate purposes of said district. would be detrimental to the prevention of erosion. Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 mon powers. 5 CODING: Words s4iekerx are deletions; words underlined are additions. personal property under its control. Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 (17) To do all other acts and things necessary or proper in the exercise of the powers herein granted. beginning. 6 CODING: Words atraclien are deletions; words underlined are additions. Section 8. Ad valorem assessments; zones.- Ch. 2004-409 LAWS OF FLORIDA Ch. 2004.409 county line. (d) Zone D: All lands in St. Lucie County west of Zone C. (e) Zone E: All lands within District boundaries. (2) It is further hereby found, determined, and declared that as between (b) Zone B: One and three-tenths percent. (c) Zone C: Eighty-three and four-tenths percent. 7 CODING: Words stricken are deletions; words underlined are additions. (a) Zone A: Five and nine-tenths percent. (d) Zone D: Nine and four-tenths percent. Ch. 2004-409 LAWS OF FLORIDA Ch. 2004.409 obligations of the district or such operation and maintenance and other 8 CODING: Words striel£en are deletions; words underlined are additions. year on all taxable property in the zone in which such deficit occurs until such deficit has been made up in full and all amounts reimbursed to the general funds of the district or to the owners of taxable property in other or for the operation and maintenance or other corporate purposes of the district. (5) Upon the effective date of this act the district board shall be author- ized to amend by resolution existing zone boundaries, abolish or consolidate manner as other general county taxes are collected. Such taxes, when col- Ch. 2004-409 LAWS OF FLORIDA Ch. 2004.409 prescribe. 9 CODING: Words stricken are deletions; words underlined are additions. Section 10. Bond issuance.- Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 sources: 10 CODING: Words strirken are deletions; words underlined are additions. (a) Revenues of any one or more district facilities now owned or hereafter acquired or constructed by the district. Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 (f) The proceeds of any non-ad valorem assessments levied pursuant to this act. 11 CODING: Words strieken are deletions; words underlined are additions. advances made by the district for all or any part of the cost of any district facilities. (e) The proceeds of any sale or lease of district facilities or property, after paving all costs in connection therewith. Section 11 Bond trust agreement.-In the discretion of the board, any Ch. 2004.409 LAWS OF FLORIDA Ch. 2004.409 interest thereof. hereof. 12 CODING: Words strie#en are deletions; words underlined are additions. any court whatsoever. for public purposes. Ch. 2004-409 LAWS OF FLORIDA Ch. 2004.409 eration. 13 CODING; Words stricken are deletions; words underlined are additions. Section 18. Maintenance tax.- (2) Upon the effective date of this act, the district board shall be author- ized to levy an ad valorem maintenance tax within new, amended or consoli- provided within section S. power to advance any moneys available to the district to pay any of the Ch. 2004-409 LAWS OF FLORIDA Ch. 2004-409 14 CODING: Words stricken are deletions; words underlined are additions. Appendix B Map Figures of Proposed Special Assessment District Boundary 0 COASTAL TECH Proposed Special Assessment District Boundary R-98 to R-100 0 COASTAL TECH Proposed Special Assessment District Boundary R-101 to R-102 Proposed Special Assessment District Boundary R-103 to R-104 ' COASTAL TECH 0 COASTAL TECH Proposed Special Assessment District Boundary R-105 to R-107 V COASTAL TECH Proposed Special Assessment District Boundary R-107 to R-109 0 COASTALTECH Proposed Special Assessment District Boundary R-110 to R-111 0 COASTAL TECH Proposed Special Assessment District Boundary R-112 to R-113 0 COASTAL TECH Proposed Special Assessment District Boundary R-1 14 to R-115 0 COASTAL TECH Proposed Special Assessment District Boundary R-115 Appendix C Apportionment Formula Spreadsheet South County Beath & Dune Resarntion Project Lanai Nt,din¢ AnuarCmnment fmarymalOtm? u- wilFin rM1e St L-t. CCUnry fu-- Dit" Disnin EsomnW ASSnfineeu for lOryw Pmlm4le I?n4x.maauwavm +?1 I t 2ao-.E ?Rm m Pvhd ^ ? NIp NrvNOinaf WL&n 56fN ? W% ? nom m e? rnumm :Z"j? ?nwawmmAm6e LUnm.vu?nwueMkoo SL]]S bnA? wir.w? n OAT ? _ ws GE.a..? ... r ? n,ry 1--A I ILA --- - St. Lucie / Martin County Line Attachment "3" Memo 24360.15 August 25, 2012 To: Richard Bouchard, P.E. - Coastal Engineer, St. Lucie County Mosquito Control & Coastal Management Services From: Michael Walther, P.E. - Coastal Tech Re: St. Lucie County - South County Beach & Dune Restoration Project This Memo addresses the potential scenario whereby a small number of parcel owners within the South County Beach and Dune Restoration Project (Project): (a) are unavailable to give or otherwise do not grant a temporary construction easement for deposit of sand in furtherance of the Project landward of the Erosion Control Line (ECL) on their parcel , and (b) would still be assessed under the South Hutchinson Island Beach and Dune Restoration Special Assessment District (SAD). In particular, we offer the following characterization of how a parcel for which the owner doesn't grant an easement nonetheless benefits from the project - substantially to the same degree as all the other parcels: The Project will benefit all parcels in the proposed fill area - including those an rcels where fill may not be placed landward of the ECL due to the absence of a construction easement. The placed sand will, over time, be spread by waves and currents to smooth-out the sand fill so that within one year or subsequent to a significant storm event, it will be difficult to distinguish where sand was placed versus such parcels where sand was not placed. As a result, such parcels will substantially realize the storm damage reduction and loss of land benefits (see the "St. Lucie County South County Beach & Dune Restoration Local Funding Plan", dated June 19, 2012, for more details) realized by those parcels where an easement was granted and sand was placed. Substantial realization of the benefits of the Project is the basis for participation in the SAD, even in the absence of a temporary construction easement, If you have any questions, please contact me. cc: Jimmy Sellers - Coastal Tech Chris Roe - Bryant Miller Olive Dan McIntyre, Barbara Guettler, Richard Bouchard - St. Lucie County COASTAL TECH WMMLL niVF6Y 4M H?+t ° PIT, U Gf lr Rv 3f IF1JtiFSh& Attachment "4" ST. LUCIE COUNTY EROSION DISTRICT SOUTH HUTCHINSON ISLAND BEACH AND DUNE RESTORATION SPECIAL ASSESSMENT DISTRICT FINAL ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 4, 2012 TABLE OF CONTENTS FINAL ASSESSMENT RESOLUTION Page SECTION 1. AUTHORITY ............................................................................................. 1 SECTION 2. DEFINITIONS ........................................................................................... 2 SECTION 3. FINDINGS ................................................................................................. 2 SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS .... 4 SECTION 5. APPROVAL OF ASSESSMENT ROLL .................................................. 5 SECTION 6. ASSESSMENTS ......................................................................................... 5 SECTION 7. COLLECTION OF ASSESSMENTS ....................................................... 6 SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION ............................ 6 SECTION 9. ASSESSMENT NOTICE ........................................................................... 7 SECTION 10. EFFECTIVE DATE .................................................................................... 8 APPENDIX A PROOF OF PUBLICATION APPENDIX B AFFIDAVIT OF MAILING APPENDIX C FORM OF ASSESSMENT NOTICE ;; RESOLUTION NO. 12-008 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT RELATING TO THE CONSTRUCTION AND FUNDING OF BEACH AND DUNE RESTORATION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE SOUTH HUTCHINSON ISLAND BEACH AND DUNE RESTORATION SPECIAL ASSESSMENT DISTRICT, RATIFYING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY, ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS, APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; PROVIDING A DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT, DIRECTING RECORDED NOTICE OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ST. LUCIE COUNTY EROSION DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Erosion District (the "District") is adopted pursuant to Chapter 2004-409, Laws of Florida, as may be amended from time to time (the "Act"), Resolution No. 11-004 adopted by the District on June 21, 2011 (the "Assessment Procedure Resolution"), Resolution No. 12-005 adopted by the District on August 21, 2012, and other applicable provisions of law SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Procedure Resolution and the Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The findings provided in Section 1.04 of the Initial Assessment Resolution are hereby ratified, confirmed, and incorporated as if set forth fully herein. (B) On August 21, 2012, the Board adopted the Initial Assessment Resolution which described the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such services against the real property located within the Special Assessment District benefited thereby, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 2.07 of the Assessment Procedure Resolution, the Board is required to repeal or confirm the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing concerns and receiving comments or objections of interested parties. (D) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. 2 (E) As required by the terms of the Assessment Procedure Resolution and the Initial Assessment Resolution, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (H) The special benefits derived from the Project, as further described in the Initial Assessment Resolution and the Funding Plan, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Tax Parcel subject thereto does not exceed the, proportionalbenefits, that such Tax Parcel. will receive compared to any other Tax Parcel. (I) County Staff has undertaken extraordinary efforts to obtain temporary construction easements from the owners of all oceanfront Tax Parcels within the SAD to allow for the deposit of sand or fill on such Tax Parcels landward of the erosion control line (the "ECL"), and will continue to do so as construction of the Project unfolds. 3 (J) It may be that a temporary construction easement is not obtained for each oceanfront Tax Parcel, due to absence or unavailability of the owners thereof or for any other reason. (K) The Board hereby determines that the Project will specially benefit all Assessed Property in the proposed fill area (as shown in the plans and specifications on file in the Office of the County Engineer), including those Tax Parcels, if any, where fill will not be placed landward of the ECL due to the absence of a temporary construction easement, in an amount that exceeds the Assessments levied and imposed hereunder. Such Tax Parcels will benefit substantially to the same degree as similarly situated Tax Parcels for which a temporary construction easement has been obtained. (L) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Project by fairly and reasonably allocating the costs associated with the Project among specially benefited property. SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) The Initial Assessment Resolution is hereby ratified and confirmed. (B) The South Hutchinson Island Beach and Dune Restoration Special Assessment District, the description of which is set forth in the Initial Assessment Resolution, is hereby established. 4 (C) Any and all prior actions of the Board associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. SECTION 6. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefited by the Project. The apportionment methodology for the Assessments, as set forth in Section 3.03 of the Initial Assessment Resolution, is hereby approved. Accordingly, an Assessment in the amount of $794.88 per point is hereby levied and imposed against each Tax Parcel described in the Assessment Roll. Such amount includes a pro rata share of financing, collection and administration costs. (B) The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the lions of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption of this Resolution and shall attach to the property included on the Assessment Roll as of January 1, 2012. 5 SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed Property may prepay the Assessment at any time on or prior to October 15, 2012, and thereby avoid certain financing costs associated with Obligations issued to finance the costs associated with the Project. Assessments imposed hereunder which are not prepaid by such date shall be collected in not more than ten (10) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2012. The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Property but may be paid in full at any time at the option of the owner thereof. Upon adoption of this Resolution and of the Annual Assessment Resolution for subsequent Fiscal Years, the Assessment Coordinator shall cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Final Assessment Resolution. 6 SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is hereby directed to record a general notice of the Assessments in the Official Records in the office of the St. Lucie County Clerk of Courts. Such notice shall be in substantially the form attached hereto as Appendix C. The preliminary Assessment Roll and each annual Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Tax Parcel can be determined by use of a computer terminal or internet access available to the public. [Remainder of Page Intentionally Left Blank] 7 SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Tod Mowery Commissioner Chris Craft Commissioner Chris Dzadovsky _ Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this 4th day of September, 2012. ATTEST: Deputy Clerk EROSION DISTRICT BOARD ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 8 Final Assessment Resolution APPENDIX A PROOF OF PUBLICATION A-1 Appendix A -pW SCRIPPS TREASURE COAST NEWSPAPERS St. Lucie News-Tribune T? 600 Edwards Road, Ft Pierce, FL 34982 STrS AFFIDAVIT OF PUBLICATION TATE OF FLORIDA OUNTY OF ST. LUCIE efore the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales lanager of the SL Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the hashed copy of advertisement was publshed in the St. Lucie News-Tribune in the following issues below. Affiant further says ,at the said St Lucie News-Tribune Is a newspaper published In Fort Pierce, in said St. Lucie County, Florida, and that said ewspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie :ounly, Florida, for a period of one year next preceding the first publication of the attached copy of advedisemenl; and affiant ether says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for re purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News-Tribune has been entered s Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next receding the first publication of the attached copy of advertisement Ad Pub Customer Number Date Copvline ST LUCIE COUNTY 2427606 8/14/2012 NOTICE OF HEARING 8000 Sworn?tO also subscribed bef re me th[s day of, August 14, 2012, by who is Sherri Cip ni U ,]y?] personally known to me or [ ] who has produced PO # HEARING 9/4 NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES as identification. Michael Merone Notary Public DL ,3 EW'9?_y AAICHAEL MERONE ary Pubtic -S tate of Ploridaomm. Expires May 20, 2014 - ommission # 00994177 f r,. S2 SCRIPPS 'OEASUPE C0A51 N EWSPAPEPS rUESVAY, PU4 US11i.. L" SE C XOWCiCFg ? NNIII- I-- ! Nd ZFLi $°?,' y "Akios Ei IfOPNiBCTi9Eil ESPFOLOWAE{ii O V " C ELL N ,uwMiaNtvll V ECW w tpNSE FIµOfOP Imtp EOD, .C..]YH V[IE ROPIy 4mi H 510M iND? 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N A. 11, 1-1- ,'It Ell I SINS 1112 CUPIal The #1 Advertising Source For Recent Home Buyers T`P SSP CDZSt Iwemmmleua nrd Final Assessment Resolution APPENDIX B AFFIDAVIT OF MAILING B-1 AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (1) I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before August 14, 2012, 1 facilitated and directed mailed notice of a public hearing to be held on September 4, 2012 by the St. Lucie County Erosion District (the "District") for purposes of receiving public comment on the imposition of special assessments (the "Assessments") by the District within the South Hutchinson Island Beach and Dune Restoration Special Assessment District (the "SAD") to partially fund a beach and dune restoration project. The notices were mailed in accordance with Section 2.06 of District Resolution No. 11-004, and Section 6(G) of District Resolution No. 12-004, to each owner of real property located within the SAD subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. (3) An exemplary form of such notice is attached hereto. FURTHER AFFIANT SAYETH NAUGHT. b Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was sworn to and subscribed before me thiQz day of uoi u& , 2012, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. ?laalja Printed/Typed Name: S US A O D U r(dQ n) (SEAL) Notary Public-State of V-'LoR la1A +r SUSAN DURDEN Commission Expires: „ H6 e r MEXPIRE S: JOne 18, 2 16 l•. EXPIRES: une 18, 2016 ,'? Rf„tt, Bonded Thru Notary Public UnderMtere August 14, 2012 Name Address CSZ * **NOTICE OF PUBLIC HEARING* * * RE: South Hutchinson Island Beach and Dune Restoration Special Assessment District (SAD) and the funding thereof through the imposition ofspecial assessments Parcel ID No. 00000000000000 Dear Property Owner: The Board of Commissioners (the "Board') of the St. Lucie County Erosion District (the 'District') will hold a public hearing to consider the levy of non-ad valorem special assessments on parcels within the South Hutchinson Island Beach and Dune Restoration SAD to fund the cost ofproviding the beach and dune restoration improvements therein (the "Project'). The public hearing will be heard at the Board's regular meeting on September 4, 2012 at 6:00 p.m., or as soon thereafter as the matters may be heard, in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Please enter through the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers located on the third floor. All interested persons are invited to attend and be heard. Affected property owners have the right to appear at the public hearing and to file written objections with the County Engineer, but they must be received within twenty (20) days of the date of this notice. In addition, the Board will also consider all comments receivedprior to or during the public hearing. On the back of this letter you will find a Notice of Non-Ad Valorem Special Assessment. This notice indicates the proposed amount of the special assessment to be assessed against your property for the purposes of partially funding the cost to construct the improvements. The assessment will be based upon a point formula which considers the each parcel's size, the length of ocean- frontage and the number of dwelling units attributable. The assessments will be collected in accordance with Section 197.3632, Florida Statutes, which authorizes collection of non-ad valorem assessments by the St. Lucie County Tax Collector on the annual property tax bill. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in loss of title. Collection of the assessments is anticipated to commence in November, 2012 and annual installments will continue each year for a period not to exceed ten (10) years, or until the amount of the assessment is paid in full. A more specific description of the Project and the method of computing the assessment for each parcel of property are set forth in Resolution No. 12-005 (the "Initial Assessment Resolution'). A draft of the Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the office of the County Engineer. If the Board levies special assessments on the parcels within the South Hutchinson Island Beach and Dune Restoration SAD, parcel owners may choose to "prepay" their assessment, thereby, realizing a savings in interest and financing fees. The prepayment period would be from 9110112 through 1011112. The prepayment amount for this parcel is indicated out the Notice of Non-Ad Valorem Special Assessment. If the assessment is not paid during the prepayment period, it will be added to the parcel's property tax bill and financed for a period of up to 10 years. If the Board levies assessments on September 4, 2012, you will be notified by mail. Any person wishing to ensure that an adequate record of the proceedings is maintained for appellate purposes is advised to make the necessary arrangements for recording at his or her own expense. Persons with disabilities needing assistance to participate in any of these proceedings should contact the St. Lucie County Clerk at least 48 hours in advance of the meeting. Ifyou have questions or concerns, pleasefeel free to contact us at 772-462-3500. Sincerely, 'M . ?C[A? Barbara Guettler MSB U Project Manager Page 1 oft ST. LUCIE COUNTY, FLORIDA NOTICE OF NON-AD VALOREM ASSESSMENTS South Hutchinson Island Beach and Dune Restoration SAD Larry O Olson 1. Parcel Identification Number: 00000000000000 2. Unit of Assessment: Points 3. Assessment Amountper point: $794.88 4. Number ofpoints assigned to your parcel: 1.8000 8 5. Total assessment assigned to this parcel: $1,430.7 6. Prepayment amount (ifyou pay in full by 1011512012): $1.199.56 Z Maximum annual paymentfor this assessment (fyou do notprepoy): $180.83 (The amount of the maximum annual assessment payment includes a pro rata share of the costs incurred by the District in the annual collection and administration of the special assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector pursuant to Section 197.3632, Florida Statutes, and amounts necessary to account for the maximum statutory discount for the early payment ofproperty taxes and non-ad valorem assessments) 8. Maximum number of annual assessment payments: 10 9. Maximum collected for this parcel iffunanced for 10 years: 1$ ,808.21 5 10. Maximum amount of revenue generated from the entire SAD (excluding interest): $4.904,179.4 Failure to pay the assessment can result in the issuance of a tax certificate which may result in loss of title to yon property. THIS IS YOUR ASSESSMENT NOTICE ONLY. DO NOT PAY AT THIS TIME -If this assessment is levied and you wish to prepay your assessment, you may do so at the office of St. Lucie County Tax Collector from 101112012 - 1011512012. PLEASE MAKE YOUR CHECK PAYABLE TO BOB DAVIS TAX COLLECTOR. Mail or deliver your payment to the Tax Collector's office: 2300 Virginia Avenue, Fort Pierce, FL 34982, on the First Floor of the Civic Center. Please include a copy of this notice or reference your Parcel Identification mmnber, as shown above along with your payment. Page 2 of2 Final Assessment Resolution APPENDIX C FORM OF ASSESSMENT NOTICE C-1 Final Assessment Resolattion NOTICE OF SPECIAL ASSESSMENTS IMPOSED WITHIN THE SOUTH HUTCHINSON ISLAND BEACH AND DUNE RESTORATION SPECIAL ASSESSMENT DISTRICT NOTICE IS HEREBY GIVEN THAT on September 4, 2012, the St. Lucie County Erosion District, a dependent special district of St. Lucie County, Florida established by Chapter 2004-409, Laws of Florida (the "District") adopted Resolution No. 12-008 (the "Final Assessment Resolution") which levied and imposed special assessments, sometimes referred to as non-ad valorem assessments, against property located within the South Hutchinson Island Beach and Dune Restoration Special Assessment District described in Exhibit A attached hereto (the "SAD"). The special assessments were imposed to fund, in part, the costs associated with a beach and dune restoration project specially benefitting real property located within the SAD. The dollar amount of the special assessment imposed against tax parcels within the SAD is based on the number of points attributed to such tax parcels, at the rate of $794.88 per point, as further described in the Final Assessment Resolution and Resolution No. 12-005 (the "Initial Assessment Resolution"). Unless prepaid, the special assessments will be collected in annual installments. Collection of the annual installments is expected to commence with the ad valorem tax bill mailed in November 2012 and will continue each year for a maximum of ten (10) years. The principal balance of the special assessment is not accelerated upon sale or conveyance of affected tax parcels but may be paid in full at any time by contacting the St. Lucie County Tax Collector. The beach and dune restoration project and the method of computing the assessment are set forth in the initial Assessment Resolution and Final Assessment Resolution. Such resolutions and the special assessment roll which contains a list of the affected tax parcel numbers and property owners (as shown on the St. Lucie County ad valorem tax assessment roll), the number of points attributed to each tax parcel and the dollar amount of the special assessment are on file in the offices of the St. Lucie County Engineering Division, 2300 Virginia Avenue, Fort Pierce, Florida, and open to public inspection. This notice is recorded pursuant to Resolution No. 12-008 in order to provide constructive notice of the levy and imposition of non-ad valorem assessments upon real property located within the South Hutchinson Island Beach and Dune Restoration Special Assessment District. The assessments constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. This notice does not and shall not be construed to require that individual liens or releases be filed in the Official Records. Dated this day of 2012 Title C-2 Final Assessment Resolution EXHIBIT A DESCRIPTION OF SOUTH HUTCHINSON ISLAND BEACH AND DUNE RESTORATION SPECIAL ASSESSMENT DISTRICT The South Hutchinson Island Beach and Dune Restoration Special Assessment District consists of all tax parcels and/or real property situated in or within Nettles Island, Windmill Village, the Holiday Out condominium, and all tax parcels and/or real property east of Route AIA between the Martin County Line and Normandy Beach Park. C-3 SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stlucleco.org fitiill{flitflllitii?f`fliiilfiOil?Iil'rllliilil'll'liil'iillliliifiililftllifliiillifltfttllllffliflttlfll?liili?fli'Illiilifitiiiil'f1II?llilltilittiii'Iiiti'111ii1titf1111Ii11111till?llllifli111li?tlli?liffllllililtil Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 GENERAL PUBLIC COMMENT ADDITION ll. CONSENT AGENDA A. COUNTY ATTORNEY Special Assessment Notice of Intent for 2013 Consider staff recommendation to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in the agenda memorandum. NOTICE: All Proceedings before this Board are electronically 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 record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Sent: Mail Fax ,l Hand Delivered E-mail Fed-Ex X ST. LUCIE COUNTY ENGINEERING, MSBU DIVISION LETTER OF TRANSMITTAL 2300 VIRGINIA AVENUE FT. PIERCE, FLORIDA 34982 Office (772) 462-2568 Fax (772) 462-2362 DATE: August 31, 2012 A q To: BOCC & County Administration FROM: Barbara Guettler, MSBU Project Manage RE: Erosion District - Item No. III-A , 9/4/12 Copy: County Atty South Hutchinson Island Beach and Dune Restoration SAD Copies Description I Parcel Owner Correspondence Packet (2 Letters) THESE ARE TRANSMITTED AS CHECKED BELOW: [X] For your consideration [ ] Approved as submitted [ ] Returned for correction [ ] Submit [ ] As requested [ ] Approved asnoted [ ] Copies for approval [ ] Return [ ] For execution [ ] For review and comment [ ] Copies for distribution Remarks: The attached letters are comments received from parcel owners within the proposed South Hutchinson Island Beach and Dune Restoration Special Assessment District regarding the public hearing to be held on 9/4/12 by the Erosion District (Item No. III-A). Thank you. ?C gob /V/200 C-) 0 op O ?6? ST. LUCIE COUNTY, FLORIDA NOTICE OF NON-AD VALOREM ASSESSMENTS South Hutchinson Island Beach and Dune Restoration SAD Richard E Jones 1. Parcel Identification Number: 450280400400003 2. Unit of Assessment: Points 3. Assessment Amount perpoint: $794.88 4. Number of points assigned to your parcel; 2.1458 5. Total assessment assigned to this parcel: $1,705.65 6. Prepayment amount (if you pay in full by 10/15/2012): $1,430.00 7. Maximum annual payment for this assessment (if you do not prepay): $21.5.57 (The amount of the maximum annual assessment payment includes a pro rata share of the.costs incurred by the District in the annual collection and administration of the special assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector pursuant to Section 197,3632, Florida Statutes, and amounts necessary to account for the maximum statutory discount for the e0rly payment of property taxes and non-ad valorem assessments) 8. Maximum number of annual assessment payments: 10 9. Maximum collected for this parcel if financed for 10 years: $2,155.58 10. Maximum amount of revenue generated from the entire SAD (excluding interest): $4,904,179.45 Failure to pay the assessment can result in the issuance of a tax certificate which may result in loss of title to your property. THIS IS YOUR ASSESSMENT NOTICE ONLY. DO NOT PAY AT THIS TIME - If this assessment is levied and you wish to prepay your assessment, you. may do so at the office of St. Lucie.County Tax Collector from 10/1/2012 - 10115/2012. PLEASE MAKE YOUR CHECK PAYABLE TO BOB DAVIS, TAR COLLECTOR. Mail or deliver your payment to the Tax Collector's office: 2300 Virginia Avenue, Fort Pierce, FL 34982, on the First Floor of the Civic Center. Please include a copy of this notice or reference your Parcel Identification number, as shown above along with your payment. Page 2 of 2 BOARD OF COUNTY COMMISSIONERS August 28, 2012 Deanna Andrews 9900 South Ocean Drive 4503 Jensen Beach, FL 34957 PUBLIC WORKS DEPARTMENT Engineering Division RE: South Hutchinson Island Beach and Dune Restoration Special Assessment District Parcel No. 450250300470008 Dear Ms. Andrews: I am in receipt of your letter dated August 21, 2012 and will circulate it to each commissioner for their consideration prior to the public hearing on September 4, 2012. 1 researched the ballot results for your building and found that eight-four (84) ballots were returned from the Oceana Oceanfront Condo #2 parcel owners. These ballots are stored in the Engineering Department at 2300 Virginia Avenue in Ft. Pierce and are available for review at your convenience. Please feel free to contact me directly if you have any further questions or concerns at 772-462-2568. Sincerely, Barbara Guettler, MSBU Project Manager CHRIS DZADOVSKY, District No. 1 - TOD MOWERY, District No. 2 - PAULA A. LEWIS, Disrno No. 3 • FRANNIE HUTCHINSON, Di5rricr No. 4 - CHRI5 CRAFT. DisrOcr No. 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue a Fr. Pierce, FL 34982 Public Works: (772) 462-1485 a FAX (772) 462-2268 Engineering Division: (772) 462-1707 - Rood G Bridge Division: (772) 462-2511 Solid Waste Division: (772) 462-1768 ^ Water. Quality Division: (772) 462-2511 - Utilities Division: (772) 462-11 50 www.5tlucieco.org Deanna Lynne Andrews and Janine Mosbey-Heavin 9900 South Ocean Drive; #503 Oceana II North Condo Jensen Beach, Florida 34957 August 21, 2012 St. Lucie County Board of Commissioners Engineering Division 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: Dune Restoration Special Assessment Parcel #450250300470008 Dear Barbara Guettler: We are unable to attend your meeting on September 4. We are therefore sending you this written objection, as this subject is very dear to us. I will try to enumerate our objections clearly: 1 We did not receive a ballot that was supposed to have been sent out on January 24, 2012, nor can we find anybody in this building that received a ballot! We received a registered letter in May, stating that this project and special assessment had been voted on by the people living on the beaches, and that the vote was supportive of performing this "restoration." Very upset, I ema!led your department on May 22, and Cathy Aldhizer immediately sent me a copy of the January 24 letter along with a copy of the ballot that we were supposed to have received. It was, of course, too late to file the ballot, which was due before February 24. 2 - We are voters in our family; it's the American way. When we vote and lose, we understand that, and we go on with our lives. However, when we are not given a chance to vote (and I repeat here - you may have skipped this whole building of maybe 155 condos - since everybody we talk to is very upset about this and did not receive ballots, either,) we feel this is very unfair and way too expensive. 3 - When you are retired, money is scarce. No interest is being paid on savings. The economy is horrible. We are sick when we think of having to sprinkle our hard-earned money on the beach and watch it wash out to sea - which is exactly what will happen. That kind of money ($1,364.65) could be more enjoyably spent on a vacation, which we can't afford, either. 4 - Our dunes are lush and green with gorgeous, healthy sea grapes and sea oats. I have never seen the beach as beautiful, wide, and pristine since we first came here and watched them build this building in 1978-79. The reef rocks are showing a little beneath the water at low tide - in 1979 the rocks were showing well above the water at low tide - so the beach is at a better point than it originally was over 32 years ago! That awful concrete sand that was dumped on the beach after the hurricanes has almost gone away, thank goodness.... and now you can walk on the soft sand filled with living shell creatures. Why do you want to dump again on our beach??? I believe the ocean is a living thing. It keeps the beach the way it wants, and it takes what it wants. Without a sea wall, washed-out sand will come back - it has done just that so many times since we have been here. Thank you for listening. Sincerely, _ 1 RECEIVED 1 r Deanna L. Andrews AUG 2 2012 (772) 229-2743 L ADDITION AGENDA REQUEST TO: ST. LUCIE COUNTY SUSTAINABILITY DISTRICT ITEM NO. DATE: 09/04/12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) Daniel McIntyre SUBMITTED BY: County Attorney County Attorney SUBJECT: Special Assessment Notice of Intent for 2013 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coord in ationlS is n atu res MSBU Project (X) OMB Director (X) Manager 2n& - Budget Analyst `? JV Barbare Guettler Marie Gouin Public Works (X) ',l County Engineer (X) MJh Director (A J" Do aId West Michael Powley Public Works - Engineering • '...__.? MEMORANDUM TO: St. Lucie County Sustainability District Board FROM: Daniel McIntyre, County Attorney DATE: September 4 , 2012 SUBJECT: Special Assessment Notice of Intent for 2013 ITEM NO. Background: One of the funding methods available for energy conservation and renewable energy is through non-ad valorem special assessments levied on specially-benefitted properties within the proposed special assessment district and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November 2013. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2013. The resolution, which will be provided before the public hearing, does not in any way obligate the County to levy the special assessment; rather, it simply preserves the County's option to use the uniform method of collection if a special assessment is levied. It is anticipated that in 2013, the Board will consider the creation of the Energy Conservation and Renewable Energy Special Assessment District which would be partially funded through the method as described above. Recommendation: Board authorization to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on October 16, 2012, as outlined in this agenda memorandum. DanierS. Mclnty County Attorney